LEGAL NOTICE
1. INTRODUCTION
These general conditions, hereinafter the “General Conditions of Use”, shall expressly regulate the relations established between BRANDING GESTIÓ ESPORTIVA, hereinafter “EVENTER”, and any user who browses and interacts through the website www.motocardepicraid.com, hereinafter the “Website”.
User means the person who accesses, browses, uses or participates in the services and activities of the Website, hereinafter the “User” or the “Users”.
The access and navigation of a User through the Website implies the unreserved acceptance of the present General Conditions of Use.
EVENTER may offer, through the Website, services or products which may be subject to specific conditions which, depending on the case, replace, complete and/or modify these General Conditions of Use, and about which the User shall be informed in each specific case.
EVENTER reserves the right to unilaterally modify the presentation and configuration of the Website at any time and without prior notice.
2. GENERAL INFORMATION
In compliance with Article 10 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, the following identifying data of the owner of the Website are exposed:
Company name: BRANDING GESTIÓ ESPORTIVA SLU (Trade name EVENTER)
Address: Carrer del Pui – Edifici Hort del Solà Bloc 3, 3º2 – AD400 LA MASSANA – ANDORRA
VAT NUMBER: L711533W
Website: www.motocardepicraid.com
3. OBJECT
The Website has been designed to publicize the services offered by EVENTER, consisting of the marketing of sporting events and motorcycle tours (the “Services”).
Without prejudice to the provisions of the contract between the User and Eventer, the Services include:
– Organization of sporting events, including motor events,
– A personalized service for the duration of the event,
– The publication of the services on the website,
– The management of the administrative part of the registration to the event,
The price of the Services contracted by the User will be those detailed in the contract formalized by both parties under the provisions of the Website.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
Users declare and guarantee that they are the owners of and have full control over the properties whose data are included on the Website. Likewise, Users declare and guarantee that all the data they enter on the Website are truthful, accurate and complete, and undertake to keep them updated at all times, notifying Eventer of any change that affects them, being consequently solely responsible for the veracity of the data published and responding exclusively for any damages that may arise in this regard.
Additionally, the materials and information that Users publish on the Web Site must respect the image rights and intellectual and industrial property rights that may exist on them, and may not provide data or information that violate the image rights or intellectual or industrial property rights of third parties, or that infringe in any way these General Conditions of Use.
Under no circumstances will Eventer be responsible for the truthfulness and accuracy of the data and information provided by Users on the Website, nor for any damages that may be caused to third parties as a result of non-compliance by Users with the provisions of these General Conditions of Use, the User expressly assuming the liability that, with respect to such third parties, may be derived or generated by Eventer.
By accepting these General Terms and Conditions of Use, Users assign to Eventer all rights to the data included on the Website. The User guarantees that he/she is the full owner of the rights assigned to Eventer, and that the use and exploitation of the same by Eventer will not imply any violation of intellectual property rights, nor of image rights, nor, in general, of any other kind, corresponding to any third party, and undertakes to indemnify and hold Branding harmless in the event of any infringement.
Accordingly, Eventer is the owner, not only of all the intellectual property rights of the website, but also of all the intellectual property rights of the website. www.motocardepicraid.comEventer is the exclusive owner of the intellectual property rights over the aforementioned contents, in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with the applicable Spanish and European Union legislation.
Under no circumstances shall Eventer’s authorization to the User to access the Website imply any waiver, transfer, license or total or partial assignment of the intellectual or industrial property rights of which Eventer is the legitimate owner.
[In Eventer’s offices, the User will find all the information to which he/she is entitled according to Andorran regulations on consumer protection and complementary regulations that may be applicable].
5. ACCESS AND USE
Access to and use of the information and contents included in the Web Site shall be the sole responsibility of the User, who under no circumstances may be a minor.
The conditions of access to the Website shall be subject to current legislation and the principles of good faith and lawful use by the User of the same, being prohibited in general any type of action to the detriment of Eventer, other Users or third parties.
The use of the Web Site for illegal or unauthorized purposes is strictly prohibited.
Likewise, any form of exploitation, including any type of reproduction, distribution, transfer to third parties, public communication and transformation, by means of any type of support and media, of the data, materials and information included in the Web Site is prohibited without prior and express authorization from their respective owners. Failure to comply with this prohibition may constitute an infringement punishable by law.
6. USER RESPONSIBILITIES
The User is fully responsible for the access and correct use of the Website in accordance with the current national and international laws, as well as the principles of good faith, morality, good customs and public order. Additionally, the User acquires the commitment to diligently observe the present General Conditions of Use.
Consequently, Users shall refrain from using the services and contents of the Website for illicit purposes or effects or that are harmful to the rights and interests of third parties, or that in any way may damage, render useless, affect or deteriorate the Website, its contents and services. Likewise, it is forbidden for Users to prevent the normal use or enjoyment of the Website by other Users.
Eventer is not responsible for the use that third parties may make of the data provided through the Website. Those who fail to comply with such obligations shall be liable for any harm or damage they may cause. Eventer shall not be liable for any consequence, damage or harm that may derive from such unlawful access or use by third parties.
In general, the User undertakes, by way of example and not limitation, to:
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- Not to use the Web Site for illegal or unauthorized purposes;
- Not to alter or modify, in whole or in part, the Web Site by circumventing, disabling or otherwise tampering with the functions or services of the Web Site;
- Not to infringe the rules regulating the protection of personal data;
- Not to use the Website to slander, defame, intimidate, violate the self-image or harass other Users, Eventer or third parties;
- Not to post on the Website any comments or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order;
- Not to access the e-mail accounts of other Users;
- Not to send mass and/or repetitive e-mails to a plurality of persons, nor to inform about the e-mail addresses of third parties without their consent.
Without prejudice to the foregoing, Eventer reserves the right to deny at any time, and without prior notice, access to the Website to those Users who fail to comply with these General Conditions of Use.
7. EVENTER'S RESPONSIBILITY
The User is responsible for having the services and equipment necessary for Internet browsing and accessing the Web Site.
In the event of any incident or difficulty in accessing the Website, the User may contact Eventer by sending an email to contact@motocardepicraid.comEventer will then proceed to analyze the incident and provide the User with instructions on how to resolve it as soon as possible.
Eventer shall not be liable in case of service interruptions, connection errors, unavailability or deficiencies in the Internet access service, nor for interruptions of the Internet network or for any other reason beyond Eventer’s control .
Likewise, Eventer shall not be liable for the acts or omissions of third parties, regardless of whether these third parties may be contractually bound to Eventer.
8. DISCLAIMER OF WARRANTIES AND LIABILITY
Eventer does not grant any warranty and shall not be liable in any case for damages of any nature that may result from:
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- The lack of availability, maintenance and effective operation of the Website and/or its services or contents;
- The lack of usefulness, suitability or validity of the Website and/or its services or contents to satisfy the needs, activities or specific results or expectations of the Users;
- The existence of viruses, malicious or harmful programs in the contents;
- The illicit, negligent, fraudulent use, contrary to these General Conditions of Use, good faith, generally accepted uses or public order, of the Website, its services or contents, by the User;
- Non-compliance by third parties of their obligations or commitments in relation to the services provided to Users through the Website.
9. LINKS POLICY
The persons or entities that intend to make or make a hyperlink from a web page of another Internet portal to the Web Site, shall be subject to the following conditions:
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- The total or partial reproduction of any of the services or contents of the Website is not permitted without the prior express authorization of Eventer;
- No deep-links, IMG or image links or frames may be established with the Website without the prior express authorization of Eventer;
- No false, inaccurate or incorrect statement about the Web Site, or the services or contents of the same shall be included.
- Except for those signs that form part of the hyperlink, the web page on which it is established shall not contain any trademark, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to Eventer, unless expressly authorized by the latter;
- The establishment of the hyperlink does not imply the existence of a relationship between Eventer and the owner of the website or portal from which it is made, nor the knowledge and acceptance by Eventer of the services and contents offered on said website or portal;
- Eventer shall not be responsible for the contents or services made available to the public on the website or portal from which the hyperlink is made, nor for the information and statements included therein.
10. LINKS
Eventer assumes no liability whatsoever for the linked contents (Links) that make it possible, through the Website, for the User to access features and services offered by third parties, provided that they are unrelated to the same. Therefore, Eventer is not responsible for the information contained in the aforementioned linked content, nor for any effects that may derive from said information. If any User or third party should observe that such links may be contrary to the law, morality or public order, he/she should inform Eventer by sending an e-mail to the following address contact@motocardepicraid.com
11. APPLICABLE LAW
These General Conditions of Use shall be governed by the common Spanish legislation, which shall be applicable in all matters not provided for in these General Conditions of Use regarding interpretation, validity and execution.
In the event of any dispute relating to these General Conditions of Use, (i) when the User is an individual, the parties shall submit to the jurisdiction of the Courts and Tribunals that correspond to the consumer, and (ii) if the User is a professional or company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Andorra.
