Legal notice and conditions of use

The access, navigation and use of the website doloresherrero.com (hereinafter, the “Website”) implies the express and unreserved acceptance of all the terms of these conditions of Use, having the same validity and efficacy as any contract signed in writing.

Its observance and compliance will be enforceable with respect to any person who accesses, navigates or uses the Website. If you do not agree with the exposed terms, do not access, browse or use the Website.

 

 1         IDENTIFICATION

 

2         OBJECT

These Conditions of Use regulate the access, navigation and use of this Website, notwithstanding that the provider reserves the right to modify the presentation, configuration and content thereof, as well as the conditions required for access and / or use. The access and use of the contents of the Website after the entry into force of its modifications or changes suppose the acceptance thereof.

However, access to certain content and the use of certain services may be subject to certain specific conditions, which will be clearly shown in any case and must be expressly accepted by users. These particular conditions may replace, complete or, where appropriate, modify these Conditions of Use.

The provider reserves the right to modify the terms and conditions stipulated herein, in whole or in part, publishing any change in the same way that these Terms of Use appear or through any type of communication addressed to users.

Similarly, we inform users about what their rights and obligations are in relation to the content displayed through the Website, logos and trademarks used, as well as the responsibilities that may arise from the use of the service.

For the purposes of interpreting these Terms of Use, we understand that a person becomes a user at the moment in which they accept the Terms of Use and the Privacy Policy set out on the Website, and it is sufficient for them to visit it.

 

3          ACCESS

Access to the contents of the Website is completely free.
The access and navigation on the Website do not require registration.

 

4          INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The provider is the owner or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Website, as well as all the contents offered therein, including the platform itself, texts, photographs or illustrations , logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it.

In any case will it be understood that the access, navigation and use of the Website by the user implies a waiver, transfer, license or total or partial transfer of said rights by the provider. The user has a right to use the contents and / or services of the Website within a strictly domestic environment and solely for the purpose of enjoying the services provided in accordance with these Terms of Use.

References to trademarks or registered trade names, or other distinctive signs, whether owned by the provider or by third parties, implicitly prohibit their use without the consent of the provider or its legitimate owners. At any time, unless expressly stated otherwise, the access, browsing or use of the Website and / or its contents confers the user any rights over distinctive signs included in it.

All intellectual and industrial property rights regarding the contents and / or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and under any form, the entire or part of the contents included in the Website, for public or commercial purposes, if you do not have prior authorization, expressly and in writing from the provider or, as the case may be, from the owner of the corresponding rights.

Likewise, it is forbidden to delete or manipulate the copyright indications or other credits that identify the holders of rights of the contents that the user finds on the Website, as well as technical protection devices, fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.

In the event that the user sends information of any kind to the provider through any of the channels enabled for that purpose, the user declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property right, industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The user acknowledges taking responsibility, leaving the provider unharmed by any communication provided personally or in his name, reaching such responsibility without any restriction the accuracy, legality, originality and ownership of it.

If the user was aware of the existence of any illegal content, illegal, contrary to the laws or that could involve an infringement of intellectual and / or industrial property rights, you must immediately notify the provider through the email address lola@doloresherrero.com so that it can proceed to the adoption of appropriate measures.

Similarly, in the event that any user or third party considers that any of the contents of the Website owned by the provider violates their intellectual and / or industrial property rights, as well as any other rights, you must send a communication to lola@doloresherrero.com with the following information:

– Identifying data and means of contact of the claimant or his legal representative.
– Documentation that proves your status as owner of the rights allegedly infringed.
– Detailed account of the rights allegedly infringed by the provider, as well as their exact                   location within the Website.
– Express declaration by the claimant that the use of the contents has been made  without the consent of the owner of the rights allegedly infringed.

 

5          LINKS

5.1.     LINKS TO OTHER WEB PAGES

In the case that the Website displays links to other websites through different buttons, links, banners or embedded content, the provider reports that these are directly managed by third parties, without the provider or human or technical resources to know about prior form and / or control and / or approve all information, content, products or services provided by other platforms to which links can be established from the Website.

Consequently, the provider cannot assume any responsibility for any aspect related to the platform or web page to which a link could be established from the Website, 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 contents, in general.

In this sense, if the users had actual knowledge that the activities developed through these third-party websites are illegal or contravene morality and / or public order, they should immediately notify the provider so that they can proceed to disable the access link to them, action that will be carried out in the shortest possible time.

In no case, the establishment of any type of link from the Website to another web page does not imply that there is any kind of relationship, collaboration or dependence between the provider and the person responsible for said third party web page.

5.2.     LINKS TO THE LENDER CHANNEL IN OTHER PLATFORMS AND SOCIAL NETWORKS

The provider makes available to users, through different tools and applications, link means that allow users to access the channels and pages of the Website that the provider maintains on different platforms and social networks owned and / or managed by third parties (eg Facebook, Twitter, Pinterest, Google+, etc.). The inclusion of these links on the Website has the sole purpose of providing users with access to these channels on different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between the provider and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by the provider of its contents and / or services, being its owner, manufacturer or distributor the sole responsible for them.

In no case does the provider share with Facebook, Twitter or any other social network that will incorporate in the future any type of private information about its users, being its sole purpose established in these Terms of Use, as well as in the Privacy Policy of the Website. In this sense, all the information that the user wants to provide to these platforms will be under his own responsibility, not intervening the provider in said process.

The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, completely external to the Website and beyond the control of the provider. When accessing these external networks, the user enters an environment not controlled by the provider, so the provider will not assume any responsibility for the security settings of these environments.

Since the provider has no control over the content hosted on these channels, the user acknowledges and accepts that the provider does not assume any responsibility for the content or services that the user can access on these pages, or for any content , products, services, advertising, or any other material available in them. For this reason, the user must exercise prudence in the assessment and use of information, content and services existing in the linked channels, and on the own or third-party information that he/she wants to share in said channels.

5.3.     LINKS ON OTHER WEB PAGES WITH DESTINATION TO THE WEBSITE

The provider does not authorize the establishment of a link to the Website from those pages containing material, information or content that is unlawful, illegal, degrading, obscene and, in general, in violation of laws, morals or public order, or social norms. generally accepted.

In any case, users may establish links in their respective web pages that direct to the Website, as long as they meet the following conditions: a) the link may not reproduce the content of the Website or parts of it in any way; b) it is not allowed to create a browser or a border environment on the sections of the Website, or in any other way the Website may be modified; c) it is not allowed to make false, inaccurate or incorrect statements or indications about the Website and / or, in particular, to declare or imply that the provider has authorized the link or has supervised or assumed in any way the contents or services offered or made available on the web page where the link is established; d) the website where the link to the Website is established will not contain information or illegal content, contrary to morals and generally accepted good customs and public order, nor will it contain content that is contrary to any rights of third parties, including rights of intellectual and industrial property and / or the right to honor, to personal or family privacy or to one’s own image or any other right, or contents contrary to the regulations governing the protection of personal data.

The provider does not have the faculty or human or technical means to know, control or approve all the information, contents, products or services provided by other web pages that have established links to the Website. The provider does not assume any responsibility for any aspect related to the web page that establishes that link to the Website, specifically, but not limited to, its functioning, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

 

6          RULES OF USE OF THE WEBSITE

It is not allowed and, therefore, its consequences will be the sole responsibility of the user, access or use of the Website for illegal or unauthorized purposes, with or without economic purpose. In particular, and without the following list being absolute, it is prohibited:

1) Use the Website in any way that may cause damage, interruptions, inefficiencies or    defects in its operation or on the computer of a third party;
2) Use the Website for the transmission, installation or publication of any virus,  malicious code or other harmful programs or files;
3) Use the Website to collect personal data of other users;
4) Use the Website illegally, contrary to good faith, morality and public order;
5) Register through the Website with a false identity, supplanting third parties or using a profile or performing any other action that may confuse other users about the identity of the origin of a message;
6) Access without authorization to any section of the Website, to other systems or networks connected to the Website, to any server of the provider, or to the services offered through the Website, by means of hacking or falsification, extraction of passwords or any other illegitimate means;
7) Break, or attempt to break, the security measures or authentication of the Website or any network connected to it, or the security measures or protection inherent in the contents offered on the Website;
8) Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the provider, as well as in the systems and networks connected to the Website; or
9) Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, access, participation or operation of those, or falsifying the result thereof and / or using fraudulent participation methods, by any procedure, and / or through any practice that violates or in any way violates these Terms of Use.

Failure to comply with any of the foregoing obligations by the user may entail the adoption by the provider of the appropriate measures protected by Law and in the exercise of their rights or obligations, which may lead to the elimination or blocking of the account of the offending user, without any possibility of compensation for the damages caused.

Similarly, the Website has areas through which users can participate, publish their own content and / or share content, own or published by the provider. These areas may be owned by the provider and therefore dependent and controlled by it, or outside the provider, in the case of social networks independent and outside our organization, with respect to which we cannot be held responsible, nor for the correct functioning, nor for the conditions and policies arranged by their managers, being the user himself who must consent and assume at all times the treatment that is made of the information published on these platforms.

In any case, we inform you that when the user participates in any of these areas, the rest of the users of the Website may access and use all the contents published by the user. The provider cannot control what use other people will make of that content and, therefore, the provider is not responsible for it. The provider recommends that you do not publish personal data or materials protected by intellectual and industrial property rights or any other rights.

In order for the Website to be a secure environment, and to protect our users, it is strictly forbidden to publish content:

1) That they may be considered as a violation of the fundamental rights to honor, to personal and family privacy or to the image of third parties and, especially, of minors;
2) That they include photographs that collect images or personal data of third parties without having obtained the opportune consent of their holders;
3) That they violate the secrecy of the communications or that they imply a violation of intellectual and industrial property rights or of the regulations governing the protection of personal data;
4) That they contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, deceitful, fraudulent or in any way contrary to morality or public order;
5) Containing “spam” and / or links to sites unrelated to the corresponding space;
6) That include advertising or commercial communications, for the issuance of messages for advertising purposes or for the collection of data for the same purpose.

The user who violates these prohibitions will be responsible for any claim that occurs as a result. Even if there is no claim from a third party, the provider reserves the right to prevent access to the Website or the possibility of participating in the spaces provided therein to users who fail to comply with these conditions.

The provider does not control the content published by users on the Website and assumes no responsibility for these contents. However, the provider reserves the ability to monitor and / or moderate any content posted by users. Also, if you find any information or content on the Website that may be inappropriate, contrary to current regulations, or contrary to the conditions set out on the Website, we ask that you inform the provider immediately through the different means available for this.

 

7           RESPONSIBILITIES AND GUARANTEES

The provider cannot guarantee the reliability, usefulness or veracity of absolutely all the information and/or services of the Website, nor of the usefulness or veracity of the documentation made available through it.

Consequently, the provider does not guarantee or be responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and / or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and / or the impossibility of violating the security measures adopted in it; (v) the lack of usefulness or performance of the contents of the Website; and (vi) the damages caused to itself or to a third party, any person that infringes the conditions, rules and instructions that the provider establishes on the Website or through the violation of the security systems of the Website.

Nevertheless, the provider declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Website and to minimize the errors of the system, both from the technical point of view and of the contents published on the Website.

The provider does not guarantee the legality, reliability and usefulness of the contents provided by third parties through the Website. If the user was aware of the existence of any illegal content, illegal, contrary to the laws or that could involve a violation of rights of third parties, should notify immediately to the provider so that it can proceed to the adoption of appropriate measures.

The provider will not be responsible for the veracity, integrity or updating of the information published on the Website from sources outside the same, or those contained in other platforms that are linked from the Website. The provider will not assume responsibility for hypothetical damages that may arise from the use of the aforementioned information.
In any case, the provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and / or downloading of the content and / or use of services of the Website, with or without prior notice, to users who contravene any of the provisions detailed in these Terms of Use, without the possibility of the user to demand compensation for this cause.

 

8          SUSPENSION OF THE WEBSITE

The provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and / or download of the content and / or use of services of the Website, with or without prior notification. , to users who contravene any of the provisions detailed in these Terms of Use, without the possibility of the user to demand compensation for this cause.

 

9          CONFIDENTIALITY AND DATA PROTECTION

In accordance with the provisions of Regulation (EU) 2016/679, of April 27, user data will be or may be included in a file owned by Dolores Herrero, lola@doloresherrero.com, and without whose treatment would not be possible comply with the contract [art. 6.1.b) of Regulation (EU) 2016/679] or deal with your request [art. 6.1.a) of Regulation (EU) 2016/679]. These data will be processed during the period of provision of the service and will be kept during the applicable limitation periods (which would be at least 5 years from the last action of the interested party).
They may be recipients of their data: suppliers, collaborators or other entities that need them in any case in order to meet the obligations of the responsible and demanding an equivalent level of confidentiality.
Users may contact the data protection delegate, where appropriate, or exercise the rights of access, rectification, opposition, deletion, limitation, portability or other legally provided through any of the addresses indicated, attaching a copy of your ID or analogous identification document. In the event of a claim, they may file it with the competent control authority (Spanish Agency for Data Protection, www.agpd.es).

 

10        GENERAL

The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of these Terms of Use. In addition, the provider may modify the terms and conditions stipulated herein, in whole or in part, publishing any change in the same way in which these Terms of Use appear or through any type of communication addressed to users.

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 the modified Terms of Use will become valid.

Regardless of the provisions of the particular conditions that may be established, the provider may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without possibility of the user to demand compensation. After said termination, the prohibitions of use of the contents previously exposed in these Conditions of Use will remain in force.

Also, if the user fails to comply with these Terms of Use, the provider may suspend or cancel your profile automatically and without notice, and in no case such suspension or cancellation would give the user the right to compensation. For these purposes, the provider informs that it may inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any violation of the legislation in force or if it suspects the commission of an offense.

In the event there is a discrepancy between the provisions of these Terms of Use and the specific conditions of each specific service of the Website, the provisions of the latter will prevail.

In the event that any provision of these Terms of Use is declared void or unenforceable, in whole or in part, by any Court, Court or competent administrative body, such nullity or non-application shall not affect the remaining provisions of these Conditions of Use.

The non-exercise or execution by the provider of any right or provision contained in these Terms of Use shall not constitute a waiver thereof, unless acknowledgment and agreement in writing by the party.

 

11       APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

Provided that the regulations in force to that effect provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious issue derived or related to this Website, the Spanish legislation in force at the time of the litigation will be applicable, and we will submit ourselves to the Courts and Courts of Madrid, as well as, where appropriate, the Arbitration Courts of consumption or similar.

Last update: May 25, 2018

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