PLEASE READ THESE GENERAL CONDITIONS CAREFULLY
1.- PURPOSE AND DEFINITIONS
The present General Conditions shall expressly regulate the relations that arise between MOMA EDITORIAL, SL, Polígono Industrial Agroalimentari Pla d'Urgell Calle Colomers, 1, Nave 13, 25245 - Vila-Sana (Lleida), holding CIF (Spanish Corporate Tax ID) number B-25384579 (hereinafter ‘MOMA.es’) and third parties (hereinafter ‘Users’ or the ‘User’) that register as Users on the official website of Moma Editorial, SL (MOMA.es, hereinafter the ‘Service’). Users include all individuals and legal entities with the legal power to sign this agreement in accordance with applicable Spanish legislation and who plan to acquire or use the Services proposed by MOMA.es either gratuitously or with remuneration.
When Users register for the Service, this entails their acceptance of both the usage terms and the commitment to fulfil them. In this case, MOMA.es and Users state that they agree with the Terms and Conditions, in accordance with the contract. The following terms are established to define the general usage and sales conditions (the ‘General Conditions’ that regulate all contractual rights and obligations between the parties).
2.- CONTRACT MODIFICATION
MOMA.es has the right to unilaterally modify the terms of these General Conditions by sending written notification or an email to Users. Changes shall take effect immediately. Users are assumed to accept the modified terms and conditions of the Service that are detailed in the notice of change.
When Users register, MOMA.es assigns each User a password that they will use to access the services provided by MOMA.es. This password is non-transferable. Users are responsible for their passwords and for assuring that their use complies with the terms of the present General Conditions. Users are responsible for maintaining the confidentiality of their passwords. For security reasons, the password can be modified at any time by the User. In the event of password loss or theft, or if Users become aware that a third party is using their password or access code, they must immediately contact MOMA.es by using the contact form to notify the latter of this occurrence.
4.- RESPONSIBILITY AND OBLIGATIONS OF THE PARTIES
Responsibility and obligations of Users
- Users pledge to use the Service only for legitimate purposes and good practices and to not send or transmit materials on the Service that are not lawful or contrary to good practices.
- Users cannot include contents on the Service that suggest or promote sexual, racial or religious discrimination or any other content that infringes or violates the fundamental rights and freedoms recognised by the Spanish constitution, which induce or incite illegal actions or lead to erroneous conclusions due to inaccuracy, omission or similar, which contain false or lapsed information or the like, which violate legal or regulatory standards on the privacy of communications, intellectual property, right to honour and personal privacy or that contain violent or degrading contents, messages or products.
- Users cannot include contents on the Service that are defamatory, malicious or slanderous, which include obscene or pornographic content; which contain viruses, computer code or files or programs designed to clandestinely interrupt, damage or intercept a computer system, data or registered information.
- Users cannot broadcast, distribute, publish, copy, publicise or employ any other method to commercially exploit materials on the Service that are subject to authors’ rights, protected by intellectual property, patent rights, trade name rights, manufacturing secrets, dissemination rights or the private lives of third parties, without the express and written authorisation or the holder or author or owner. Users are responsible on their own behalf for all materials placed on the Service. In the event of reproduction, publication, dissemination or disclosure to the public of this material and provided that it is authorised by law, Users must always mention the author or name of the party holding the right.
- Users are obligated to guarantee, indemnify and compensate MOMA.es for damages, losses, loss of earnings, complaints, liabilities and expenses suffered if their responsibility is compromised by a third party due to the publication of an announcement that breaches the rules contained in these General Conditions.
Responsibilities and obligations of MOMA.es
- MOMA.es has the right to block the unauthorised publication of material on the Service or to delete this material.
- MOMA.es reserves the right to reject, with no obligation to state its reasons, an advert whose nature, text or presentation is contrary to its moral or commercial interests, with the sole obligation to repay any possible amount paid by Users, after deducting the expenses contracted by MOMA.es for its dissemination.
- MOMA.es has the right to block usage of the Service if there are reasonable reasons to suspect that the Service is being employed to spread unauthorised material or any other type in an indecent or illegal way.
- MOMA.es is not liable for the exactitude or reliability of information on the advertised products. MOMA.es has the right, but not the obligation, to verify and modify or delete information from the Service, as well as the right to not publish images that are –in its viewpoint- irrelevant or inappropriate.
- MOMA.es does not exercise any controls on the Users’ ability to sell, rent or auction the goods and services or on buyers’ ability to pay for these goods and services. MOMA.es cannot verify the quality, operability, safety, dangerousness, legality, general condition or conformity of the advertised materials and, therefore, cannot take responsibility for them.
- MOMA.es has the right to modify the Service and its contents as part of normal operations, when it deems this appropriate.
- MOMA.es is not responsible for occasional interruptions to the Service owing to technical malfunctions, maintenance or installation works attributable to third parties.
- MOMA.es reserves the right to suspend the Service for technical reasons or to repair the network, for installation or maintenance works or other similar reasons, pledging that the interruption to service will be as short of possible. Users shall be notified in advance of this interruption, where possible. In this case, MOMA.es is obligated to extend the Service for 1 more day, provided that the interruption to the Service is attributable to MOMA.es and prevents Users from using the site for at least one day. Nonetheless, one prior condition to this end is that Users present a claim to MOMA.es for poor site operation. This will not be applicable if MOMA.es notified Users in advance of the interruption.
- Materials uploaded onto the Service by Users shall be kept for the time set forth by law or, otherwise, by the time specified between the parties. MOMA.es shall have the right to destroy these materials after a reasonable period of time has passed since this date.
- MOMA.es shall not be liable for the content of websites owing to links to other sites from MOMA.es.
- The present General Conditions are governed by Spanish law. For any controversy that could arise from the application of the Services or the interpretation or application of the General Conditions, MOMA.es and Users, expressly renouncing their own jurisdiction, shall submit to the courts and tribunals of Lleida, except in those cases where the law obliges otherwise.
5.- INTELLECTUAL PROPERTY
All rights to the contents of MOMA.es are owned by MOMA EDITORIAL, SL, except those that belong to its Users or providers of expressly authorised contents.
The structure, selection, organisation and presentation of its contents and the computer programs employed with respect to them are protected by intellectual or industrial property rights held by MOMA.es or by third parties. The General Conditions do not attribute any other right other than those specifically considered therein to these intellectual and industrial property rights.
Unless authorised by MOMA.es or, where applicable, by the third parties holding the rights in question, or at least where this is legally permitted, Users may not reproduce, transform, modify, disassemble, perform inverse engineering, distribute, rent, lend, make available or permit public access of any type of public communication of any of the elements made reference to in the previous paragraph.
Users must abstain from eluding or manipulating any technical devices established by MOMA.es or by third parties on the Service.
6.- DATA PROTECTION
In compliance with Organic Law 15/1999 of 13 December on Personal Data Protection, we herein notify Users that all information provided via the registration form, as well as information proceeding from transactions carried out, shall be conserved in a data file owned by MOMA.es, while cancellation has not been requested by Users. This processing is aimed at developing and executing sales and personalised service for the products and services acquired and, as long as Users have not opposed this processing, to the improvement of this service, as well as for promoting its own products and services. Thus, Users authorise the sending, also via electronic means, by MOMA EDITORIAL, SL, of commercial notifications and offers and promotional contests.
When necessary, MOMA.es may provide the police and other authorities, as well as insurance companies, with the IP addresses or other information that these authorities may require.
Users may exercise their rights to access, rectify, oppose or cancel at any time, by sending a letter to MOMA EDITORIAL, SL, Apartado de Correos 76 - 25230 Mollerussa (Lleida) or sending an email to [email protected]