ETTERNAL MEMORY S.L., with CIF B17762519, address at Nou de Sant Francesc 7, 1º-1ª Barcelona 08002 Spain, email firstname.lastname@example.org, is made up of the website associated with the domain www.eternal.com. It is responsible for the Website, in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (RGPD) regarding the protection of natural persons in terms of the processing of personal data and the free circulation of these data and other current regulations on the protection of personal data, and by Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), informs you that it has implemented the measures security measures, of a technical and organizational nature, to guarantee and protect the confidentiality, integrity and availability of the data entered.
Object and scope of application</strong
These are the general conditions (hereinafter "General Conditions") that regulate access, navigation and use of websites under the domain "www.eternal.com" (hereinafter, "Website "), as well as the responsibilities derived from the use of its content s (hereinafter understood by "Content" the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property). Regardless of them, ETTERNAL MEMORY S.L., may establish particular conditions that regulate the use and/or contracting of specific services offered to users through the Website.
It will be understood that access or The mere use of the Website by the user implies their adherence to the General Conditions that ETTERNAL MEMORY S.L. has published at each time they access the Website and which will be available to users. Consequently, the user must carefully read these General Conditions. In this sense, "User" shall be understood as the person who accesses, browses, uses or participates in the services and activities, free or onerous, developed on the Website.
Likewise, through the Website Web, ETTERNAL MEMORY S.L., may authorize third-party individuals or legal entities to advertise or provide their services. In these cases, ETTERNAL MEMORY S.L., will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them. Before using and/or contracting said specific services provided by ETTERNAL MEMORY S.L., the User must carefully read the corresponding particular conditions created for this purpose by ETTERNAL MEMORY S.L. The use and/or contracting of said specific services implies acceptance of the particular conditions that regulate them in the version published by ETTERNAL MEMORY S.L., at the moment in which said use and/or contracting occurs.
Property rights intellectual and industrial
The User acknowledges and accepts that all content displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names , trademarks, or any other signs susceptible to industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights electual, on the contents and/or any other elements inserted in the page, which are the exclusive property of the owner of the web portal and/or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping ETTERNAL MEMORY S.L. harmless from any claim arising from breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by ETTERNAL MEMORY S.L., or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any existing intellectual creation on this site , as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. ETTERNAL MEMORY S.L., is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case , has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or by any means, unless prior authorization is obtained, by written, from the aforementioned Entity.
Likewise, it is prohibited to delete, evade and/or manipulate the "copyright" as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights stated and to avoid any action that could harm them, reserving in any case ETTERNAL MEMORY S.L., the exercise of any means or legal actions that correspond to it in defense of its legitimate intellectual property rights and industrial.
In particular, ETTERNAL MEMORY S.L., expressly opposes that the reproduction of its pages can be considered a quote in the terms provided in article 32, 1st second paragraph, of the Law on Intellectual Property.
Access to the Contents of the Website by Users is free and free
Use of the website
The Contents included in the Website are provided only to consumers or end Users. Any unauthorized commercial use of the same, or their resale, is prohibited, except with the prior written authorization of ETTERNAL MEMORY S.L..
If for the use and/or contracting of a service in the Website, the User should proceed to register, he will be responsible for providing truthful and lawful information (hereinafter, the "Registered User"). If, as a result of registration, the User is provided with a password, the User agrees to make diligent use and to keep the password secret to access these services. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords that are provided by ETTERNAL MEMORY S.L., and undertake not to assign their use to third parties, whether temporary or permanent, nor to allow its access to outsiders. It will be the User's responsibility to use the services by any illegitimate third party that uses a password for this purpose due to non-diligent use or loss of the password by the User. By virtue of the foregoing, it is the User's obligation to immediately notify ETTERNAL MEMORY S.L. of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them. , in order to proceed to its immediate cancellation. As long as such facts are not communicated, ETTERNAL MEMORY S.L., will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
Access, navigation and use of the Website is responsibility of the User, for which the User undertakes to diligently and faithfully observe any additional instructions given by ETTERNAL MEMORY S.L., or by authorized personnel of ETTERNAL MEMORY S.L., regarding the use of the Website and its Contents. Likewise, we urge you to communicate to ETTERNAL MEMORY S.L., any fact of which you are aware and supposes conduct contrary to law or violates the rights of any third party either through the tools of the Website or through the contact form.< /p>
Therefore, the User undertakes to use the Content in a diligent, correct and lawful manner and, in particular, undertakes to refrain from (I) using the Content for purposes or effects contrary to the law, to morality and generally accepted good customs or public order, (II) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized of the owner of the corresponding rights or it is legally permitted; and (III) use the Contents and, in particular, the information Information of any kind obtained through the page or the services to send advertising, communications for direct sales purposes or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to refrain from marketing or disclosing said information in any way.
ETTERNAL MEMORY S.L., reserves the right to immediately terminate the Registered User if it considers, at its sole discretion, that the Registered User is carrying out any activity that constitutes or may constitute a breach of these General Conditions.
The owner of this website is exempt from liability in those cases in which the information provided is false, or that which is published on it has been manipulated by third parties.
Likewise, the owner of the web portal declines any responsibility that may arise as a result of a misoperation. erroneous use of the same, as a consequence of viruses, malicious or harmful programs in the contents; of the illicit, negligent, fraudulent use or contrary to this Legal Notice and conditions of use
Spaces and tools for participation
Registered User Profile
The Website makes available to the User different participation spaces and tools to encourage conversation and the exchange of ideas and opinions among Users. Its objective is to remain open and accessible to any User as long as it respects these General Conditions.
Through these tools and spaces, the Registered User may have their own space, called Profile, which will identify them under your real name or your User ID associated with the User account. The User account may, if the Registered User so chooses, be associated with an image of their choice and that will represent them visually in the different participation spaces of the Website. The avatars of those Users that the Registered User follows and also of those that follow the Registered User will be visible in the Profile so that you can be informed and easily recognize them.
The Profile will reflect the activity of participation in the website. The Registered User's comments are public and can be consulted compiled in the Profile along with the responses and mentions received from other Users. Other Users may follow the activity of the Registered User that is generated on the Website, the comments or the contests and promotions in which the Registered User is participating. This Profile will be generally public but will remain hidden, only visible by the User, certain private activities (such as start of monitoring, moderated content, individual notifications of participation in promotions and games and any other private notifications).
Under no circumstances will the publication of content that manifestly promotes hatred, contempt or discrimination based on birth, race, sex, religion, nationality, opinion or any other personal or social circumstance. Attempts to impersonate third parties or the publication of private contact details will not be tolerated under any circumstances, whatever their purpose.
Messages that contain 'spam' or those with links to sites that have nothing to do with the subject of the conversation.
Polite messages are sought for an exchange of opinions, so personal attacks or messages not related to the conversation will not be allowed .
To avoid repeated comments, it is recommended to first read a conversation before participating in it.
The Registered User is responsible for all manifestations on the internet the same as in any other place.
The messages of Registered Users do not necessarily correspond to our editorial line.
The Website reserves the right to delete, for any reason and without prior notice, any information or content generated in the spaces of pa rparticipation.
The Website makes available a tool for reporting inappropriate messages or content accessible through a button enabled for this purpose.
The Website expressly declines any liability arising from the content hosted by Registered Users, without prejudice to which it will adopt the appropriate measures to detect and address claims about possible illegal activities on their part, expressly reserving the possibility of interrupting at any time and without prior notice, temporarily or permanently, the participation service offered to any User whose content may be considered illegal es, prohibited or simply inappropriate.
Content generated by the user
In the event that the User sends content from of any kind to the Website, including, but not limited to, photographs, images with or without movement, texts, information, databases, sound recordings or any other works or benefits, (hereinafter, the Generated Content) it declares, guarantees and accepts that the different uses of the General Contents in the terms established in these General Conditions are not likely to infringe any intellectual or industrial property right, duty of confidentiality, commercial secret or any other third party right.< p>In the event that the Generated Content consists of images (thus including the avatar) the User declares and guarantees:
- That he is of legal age .
- Who is the author or holder of the rights of and image.
- That the person or persons whose image is reproduced in the Generated Content have expressly and unequivocally consented to the capture of their image, as well as its reproduction and public dissemination. In the event that the person whose image is reproduced is a minor, the User guarantees that he has obtained the express and unequivocal consent for the capture, reproduction and public dissemination of the image of the minor's parents or guardians and may accredit it at any time that is required to do so.
The User assumes responsibility and guarantees to hold ETTERNAL MEMORY S.L. harmless from any type of damage that occurs as a result of breach by of the User of the provisions established in the two preceding paragraphs. This responsibility includes, but is not limited to, the accuracy, legality, originality and ownership of the Generated Content.
The User freely assigns to ETTERNAL MEMORY S.L., without exclusive character, the rights of industrial and intellectual property and any other type of right over the Generated Content, including, without limitation, the rights of reproduction, distribution, public communication (including its method of making available) and transformation for exploitation by any means, support or format and through any system, procedure or mode of transmission, communication or distribution, whether free or paid, using the Generated Content alone or jointly with another. The assignment in favor of ETTERNAL MEMORY S.L., is carried out for everyone, for the entire duration of the rights and includes the power of assignment to third parties.
ETTERNAL MEMORY S.L.., reserves the power to decide on the disclosure or publication of the Generated Content.
Regarding the publications in the "memes" section of Generated Content received from users, the only purpose pursued is entertainment, so if You consider that their content is highly inappropriate, you can notify us, and we will proceed to eliminate them if we deem it appropriate.
Responsibilities and guarantees< /strong>
ETTERNAL MEMORY S.L., does not guarantee the legality, reliability, usefulness, veracity or accuracy of the services or information that it disseminates through the Website.
In Consequently, ETTERNAL MEMORY S.L., does not guarantee nor is it responsible for: (i) the operation of the Website; (ii) the continuity of the Contents of the Website; (ii) the absence of errors in said Contents nor the correction of any defect that may occur; (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 impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; (vi) the damages or losses caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that ETTERNAL MEMORY S.L., establishes on the Website or through the violation of the security systems of the Site Web.
However, ETTERNAL MEMORY S.L., declares that it has diligently adopted the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and prevent the existence and transmission Users from viruses and other harmful components.
Links to other Web Sites</ li>
On the Website, the User may find links to other web pages through different buttons, links, banners, etc., which are managed by third parties. ETTERNAL MEMORY S.L., does not assume any type of responsibility for any aspect related to the linked web page.
Links on other websites to the Website
If any third party, entity or website wishes to establish some type of link to the Website, they must abide by the following conditions and requirements:
- < li>- The link may be directed to the Main Page of the Website.
- The link must be absolute and complete, that is, it must take the User, through a click, to the actual URL address of ETTERNAL MEMORY S.L., www.eternal.com and must completely cover the entire length of the Website screen. In no case, unless ETTERNAL MEMORY S.L., expressly authorizes it in writing, may the website that makes the link reproduce the Website in any way, include it as part of its website or within one of its " frames" or create a "browser" on any of the pages of the Website.
- On the page that establishes the link it may not be declared in any way that ETTERNAL MEMORY S.L., has authorized said link, except that ETTERNAL MEMORY S.L., has done so expressly and in writing. If the entity that makes the link from its page to the Website wishes to include on its website the brand, denomination, trade name, label, logo, slogan or any other type of identifying element of ETTERNAL MEMORY S.L., and/or the Website , must previously have their express written authorization.
- - ETTERNAL MEMORY S.L., does not authorize the establishment of a link to the Website from those web pages that manifestly promote hate , contempt or discrimination based on birth, race, sex, religion, nationality, opinion or any other personal or social circumstance and in general, that contravene morality, public order or generally accepted social norms.
ETTERNAL MEMORY S.L., does not assume any type of responsibility for any aspect related to the web page that establishes that link to the Website, specifically, by way of example and not limitation, regarding 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.
Services provided by third parties through the Website< p>ETTERNAL MEMORY S.L.., does not guarantee the legality, reliability and usefulness of the services provided by third parties through the Website or on which ETTERNAL MEMORY S.L.., only acts as an advertising channel or intermediation service provider.
ETTERNAL MEMORY S.L., will not be responsible for damages of any kind caused by the services provided by third parties through this page, and in particular, by way of example, those caused by:</p
- - Failure to comply with the law, morality or public order;
- - The incorporation of viruses or any other computer code, file or program that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunication equipment ones;
- - the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind;
- - the performance of acts that constitute illegal advertising, misleading or unfair and, in general, that constitute unfair competition;
- - the lack of veracity, accuracy, quality, relevance and/or timeliness of the contents transmitted, disseminated, stored, received, obtained, made available available or accessible;
- - the infringement of the rights to honor, personal and family privacy and the image of people or, in general, any type of third-party rights;
- - The inadequacy for any kind of purpose and the disappointment of the expectations generated, or the vices and defects that could be generated in the relationship with third parties; and
- - non-compliance, delay in performance, defective performance or termination for any reason of the obligations contracted by third parties and contracts made with third parties.
Duration and modification
ETTERNAL MEMORY S.L., may modify the terms and conditions stipulated herein, totally or partially, publishing any change in the same way that these general conditions appear or through any type of communication addressed to Users.
The temporary validity of these General Conditions coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the Modified general conditions.
Irrespective of the provisions of the particular conditions, ETTERNAL MEMORY S.L., may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page a, without the possibility for the User to demand any compensation. After said expiration, they will continue in force s the prohibitions on the use of the Contents previously stated in these General Conditions.
The headings of the different The clauses are for information only, and will not affect, qualify or expand the interpretation of the General Conditions.
In the event of a discrepancy between the provisions of these General Conditions and the particular conditions of each specific service, the provisions of in the latter.
In the event that any provision or provisions of these General Conditions were considered null or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or non-application will not affect the other provisions of the General Conditions or the particular conditions of the different services of ETTERNAL MEMORY S.L.,
The non-exercise or execution by part of ETTERNAL MEMORY S.L ., of any right or provision contained in these General Conditions will not constitute a waiver thereof, unless acknowledged and agreed in writing by you.
Applicable law</ strong>
The applicable law in case of dispute or conflict of interpretation of the terms that make up this legal notice, as well as any matter related to the services of this portal, will be Spanish law.
Information related to the online dispute resolution of Art. 14, para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission offers consumers the opportunity to resolve disputes online pursuant to Art. 14, para. 1 of the ODR on one of its platforms. The platform (http://ec.europa.eu/consumers/odr</a >) serves as a website where consumers can try to reach agreements without going to court related to disputes that arise in online purchases and service contracts.