La Vinaventura

Legal Advice

LEGAL NOTICE AND TERMS OF USE OF THE WEBSITE

In order to comply with Article 10 of Law 34/2002 on Information Society Services and Electronic Commerce, we provide users with our identification details:

1.- PURPOSE

La Vinaventura, SCP (hereinafter also the “provider”), as the party responsible for the website www.lavinaventura.com, makes this document available to users, which governs the use of the website. Its purpose is to comply with the obligations established by Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE or LSSI), and to inform all website users of the terms and conditions of use.

Through the Website, La Vinaventura, SCP provides users with access to and use of various services and content made available through the website.

Any person accessing this website assumes the role of user (hereinafter, the “User”), which implies full and unreserved acceptance of each and every provision included in this legal notice, as well as any other applicable legal provisions.

As Users, you must carefully read this Legal Notice on each occasion you enter the website, as it may be modified. The provider reserves the right to modify any type of information that may appear on the website without any obligation to give prior notice or to inform Users, with publication on the provider’s website being sufficient.

2. CONDITIONS OF ACCESS AND USE OF THE WEBSITE.

2.1. Accuracy of information.

All information provided by the User must be truthful. For these purposes, the User guarantees the authenticity of the data communicated through the contact forms.

It shall be the User’s responsibility to keep all information provided to La Vinaventura, SCP permanently up to date so that it reflects, at all times, their real situation. In any case, the User shall be solely responsible for any false or inaccurate statements made and for any damages caused to the provider or to third parties.

2.2. Minors.

In order to use the services, minors must always obtain prior consent from their parents, guardians or legal representatives, who are ultimately responsible for all acts carried out by minors under their care. Responsibility for determining the specific content accessed by minors lies with those persons. Therefore, if minors access inappropriate content on the Internet, mechanisms must be established on their computers—particularly software programs, filters and blocks—to limit available content. Although these measures are not infallible, they are especially useful for controlling and restricting materials to which minors may have access.

2.3. Obligation to make proper use of the Website.

The User undertakes to use the Website in accordance with the Law and this Legal Notice, as well as with morals and good customs. To this end, the User shall refrain from using the website for unlawful or prohibited purposes, harmful to the rights and interests of third parties, or which in any way may damage, disable, overload, deteriorate or prevent the normal use of computer equipment or documents, files and all kinds of content stored on any computer equipment belonging to the provider.

In particular, and by way of example but not limitation, the User undertakes not to transmit, distribute or make available to third parties information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that:

(a) is contrary to, disparages or infringes fundamental rights and public freedoms recognized by the Constitution, international treaties and other applicable regulations;

(b) induces, incites or promotes criminal, denigrating, defamatory or violent actions, or in general actions contrary to the law, morality and public order;

(c) induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition;

(d) is contrary to the right to honor, personal or family privacy, or a person’s own image;

(e) in any way harms the credibility of the provider or third parties; and

(f) constitutes unlawful, misleading or unfair advertising.

3.- EXCLUSION OF WARRANTIES AND LIABILITY

The provider excludes any liability arising from information published on our website, provided that such information has been manipulated or introduced by a third party unrelated to the provider.

This website has been reviewed and tested to ensure it functions correctly. In principle, correct operation can be guaranteed 365 days a year, 24 hours a day. However, the provider does not rule out the possibility of certain programming errors or the occurrence of force majeure, natural disasters, strikes, or similar circumstances that make access to the website impossible.

La Vinaventura, SCP provides no warranty and shall not be liable, under any circumstances, for damages of any kind that may arise from the lack of availability, maintenance and effective operation of the website or its services and content; from the existence of viruses, malicious or harmful programs in the content; from unlawful, negligent, fraudulent use or use contrary to this Legal Notice and terms of use; or from the lack of legality, quality, reliability, usefulness and availability of services provided by third parties and made available to users on the website.

The provider shall not be liable, under any circumstances, for damages that may arise from illegal or improper use of this website.

4.- COOKIES

The provider’s website may use cookies (small information files that the server sends to the computer of the person accessing the page) to perform certain functions considered essential for the proper operation and display of the website. The cookies used are, in all cases, temporary and are solely intended to make browsing more efficient, and they disappear when the User’s session ends.

Under no circumstances will cookies be used to collect personal information.

For more information, see our Cookie Policy.

5.- LINKS

The website may redirect to content on third-party websites. Since we cannot always control the content introduced by third parties, La Vinaventura, SCP assumes no responsibility whatsoever for such content. In any case, the provider states that it will immediately remove any content that may contravene national or international legislation, morality or public order, and will immediately remove the redirection to such websites, informing the competent authorities of the content in question.

The provider is not responsible for information and content stored, by way of example but not limitation, in forums, chats, blog generators, comments, social networks or any other means that allow third parties to publish content independently on the provider’s website. However, and in compliance with Articles 11 and 16 of the LSSICE, the provider makes itself available to all users, authorities and security forces, actively collaborating in the removal or, where appropriate, the blocking of any content that may affect or contravene national or international legislation, third-party rights, or morality and public order. If the User considers that there may be any content that could fall into this classification, they are requested to notify the website administrator immediately.

6.- PERSONAL DATA PROTECTION.

The provider is strongly committed to complying with personal data protection regulations and guarantees full compliance with the obligations set forth therein, as well as the implementation of the security measures required by the European Data Protection Regulation and Spanish data protection regulations. For more information, see our Privacy Policy.

7. SOCIAL MEDIA

We inform you that La Vinaventura, SCP may have a presence on social networks. The processing of the data that users include on those networks (by becoming followers of the provider on social networks and/or carrying out any link or connection action through them) will be governed by this section, as well as by the terms of use, privacy policies and access and usage rules of the relevant social network, previously accepted by the User. La Vinaventura, SCP will process your data for the purpose of informing you about the provider’s activities, products or services through these social networks, as well as for any other purpose permitted by the social networks’ regulations, but it will not be responsible for their privacy policies.

It is prohibited to publish content:

- that is allegedly unlawful under national, EU or international regulations, or that involves allegedly unlawful activities or contravenes the principles of good faith.

- that infringes the fundamental rights of individuals, lacks online courtesy, annoys or may generate negative opinions among our users or third parties; and, in general, any content that La Vinaventura, SCP considers inappropriate.

- and, in general, that contravenes the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of private life, consumer protection, and intellectual and industrial property rights.

Likewise, La Vinaventura, SCP reserves the right to remove, without prior notice from the website or the corporate social network, any content that is considered inappropriate.

8.- INTELLECTUAL AND INDUSTRIAL PROPERTY

The website, including by way of example but not limitation its programming, editing, compilation and other elements necessary for its operation, as well as designs, logos, texts, videos, photographs and/or graphics, are the property of the provider or, where applicable, the provider holds the corresponding license or express authorization from the authors. All website content is duly protected by intellectual and industrial property regulations.

Regardless of the purpose for which they are intended, total or partial reproduction, use, distribution and public communication require prior written authorization from the provider. Any use not previously authorized by the provider will be considered a serious breach of the author’s intellectual or industrial property rights.

Designs, logos, texts and/or graphics not belonging to the provider that may appear on the website belong to their respective owners, who are themselves responsible for any potential dispute that may arise in relation to them. In any case, the provider has the express prior authorization of such owners.

The provider acknowledges the corresponding industrial and intellectual property rights in favor of their owners. The mention or appearance of such elements on the website does not imply the existence of rights or any responsibility of the provider over them, nor any endorsement, sponsorship or recommendation by the provider.

To make any observations regarding possible infringements of intellectual or industrial property rights, or regarding any website content, you may do so via the email address indicated above.

9.- APPLICABLE LAW AND JURISDICTION

For the resolution of any disputes or issues related to this website or the activities carried out on it, Spanish legislation shall apply, to which the parties expressly submit. The Courts and Tribunals shall have jurisdiction to resolve any conflicts arising from or related to its use.

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