Legal Warning Brutalzapas

Legal Notice

The website www.Brutalzapas.com (hereinafter “The Website”) is property of Radical Surf Sport, S.L., established in the address Calle Palacios, 9 de Huelva, Spain with C.I.F (Spanish Tax Identity) nº B21260237.

 

Radical Surf Sport, S.L. welcomes you and invites you to read carefully these General Terms of Use of this website ( hereinafter “General Terms of Use”) which describes the terms and conditions to be applied during your using of the website according to the current Spanish legislation to be applied. Since Radical Surf Sport, S.L. might modify these Terms of Use in the future, we suggest you to check them periodically in order to be properly informed of the possible changes made.

 

With the aim of adjusting the use of The Website to transparency, clarity and simplicity criteria, Radical Surf Sport, S.L. informs the User that any suggestion, doubt or question about the General Terms of Use will be received and solved by contacting Radical Surf Sport, S.L. through our e-mail address:            info@brutalzapas.com

 

 

1. Object

 

Radical Surf Sport, S.L. manages the contents, products and services available at The Website according to these General Terms of Use and to the Personal Data Treatment Policy (hereinafter “Data Protection Policy”). The Access to The Website or its using in any manner gives you the condition of “User” and implies the acceptance without any exception of every term expressed in these General Terms of Use.  Radical Surf Sport, S.L. keeps the right to modify them at any moment. As a result, the User is responsible to read carefully the current General Terms of Use when accessing The Website. He or she must refrain from using The Website in the case he or she does not agree with any of the terms described in this document.

 

 

We must also warn the user that particular condition of use could be established in occasions for the use in The Website of contents and/or specific services. The using of those contents or services will imply the acceptance of the particular conditions described.

 

2. Services

 

Through The Website, Radical Surf Sport, S.L. offers its users the possibility to access in our online shop to the different offers of products and services in our facilities and to the application form (hereinafter “Services”).

 

 

3. Privacy and Data Treatment

 

In the case of being required to provide personal data to access certain contents and services, The User will guarantee the veracity, authenticity, accuracy and validity of such information. Radical Surf Sport, S.L. will give the automated treatment established according to its nature or object in the terms described in the Data Protection Policy section.

 

4. Industrial and Intelectual Property.

 

The user recognizes and accepts that all the contents shown at The Website and especially the designs, texts, images, logos, icons, buttons, software, commercial names, brands, or any other sign of possible industrial or commercial use are object to the Rights of Intellectual Property, and all the brands, commercial names or distinctive signs, all the rights of industrial and intellectual property about the contents or any other of the elements inserted in The Website are the exclusive property  of Radical Surf Sport, S.L. and of any third party with the exclusive right of using them for economic transactions. For this reason, The user agrees not to make any reproduction, copying, distribution, make available or any other form of public communication, change or modification of such contents keeping Radical Surf Sport, S.L. relieved from liability of any complain resulting from inability to fulfill such obligations. In no case does the access to The Website implies any kind of rejection, transmission, license or any partial or complete cession of such rights, except it is expressly established. These General Terms of Use of The Website do not give the user any other right of using, changing, exploitation, reproduction, distribution or public communication of The Website or its contents in a different way of the hereby established. Any other use or exploitation of any right will be object to a previous an explicit authorization specifically given for such effect by Radical Surf Sport, S.L. or any other third party affected by those rights.

 

 

The contents, texts, pictures, designs, logos, images, software, source codes and any other intellectual work which appears in The Website in general, and the Website itself as a whole, considered as an artistic multimedia work, are protected by copyright laws by the current legislation about intellectual property.  Radical Surf Sport, S.L. owns the elements which conform the graphic design of the Website, the menus, navigation buttons, HTML codes, texts, images, textures, graphics and any other content of the Website, or has in possession in any case the authorization for the using of such elements. The content shown in the Website could not be reproduced partially or completely, nor transferred or registered by any system of information recovery, in any form or through any media, unless it is previously authorized in a written document by the company.

 

In the same way, it is forbidden to suppress, elude or manipulate the “copyright”, the technical protection devices or any information system contained in the contents. The user of The Website is committed to respect the mentioned rights and to avoid any action that could cause any harm. Radical Surf Sport, S.L. keeps the right to use any media or legal action in order to defend its legitimate rights of intellectual and industrial property.

 

 

5. Obligations and responsibilities of the User of The Website

 

The user is committed to:

 

a)    Make a proper and licit use of the Website, its contents and services according to: (i) The current legislation; (ii) the General Terms of Use of the Website; (iii) ethics and good manners generally accepted and (iv) public order.

 

b)    Be provided with all the media and technical requirements needed to access the Website.

 

c)  Provide truthful information when completing the personal data forms contained in the Website, and to keep them updated at any time so that they correspond to the real situation of the user. The user is the sole responsible of any false or inaccurate manifestations made and of the damage caused to Radical Surf Sport, S.L. or any other third party affected by the information given.

 

In addition to the prohibitions expressed in the above section, the user must also refrain from:

 

a) Making a fraudulent or non-authorized use of the Website or its contents with an illicit object, forbidden in the present General Terms of Use, causing contrary to the rights and interests of third parties or that could in any form damage, render useless, overload, harm or avoid the normal working of the services, documents, files and all kinds of contents stored in a computer equipment.

 

b) Accessing or trying to access to resources or restricted areas of the Website, without the conditions required for such access.

 

c) Causing damages in the physical or logical systems of the Website, its suppliers or any other third party.

 

d) Introducing or spreading in the internet computer virus or any other physical or logical system capable or causing damage in the physical or logical systems of Radical Surf Sport, S.L., its suppliers or any other third party.

 

e) Trying to access, using or manipulating data of Radical Surf Sport, S.L. any third supplier or other users.

 

f) Reproducing or copying, distributing, or allowing public access through any modality of public communication, transforming or modifying the contents, except it is expressly authorized by the owner of the rights or if it is legally allowed.

 

g)  Suppressing, hiding or manipulating the texts about intellectual or industrial property and any other identifying data of the rights of Radical Surf Sport, S.L., those of any third party inserted in the contents, or the technical protection devices or any other information mechanism inserted in the contents.

 

h) Obtaining or trying to obtain contents using media or procedures different to those at use at the moment to such effect or which are expressly observed for the websites where the contents are, or, as a general rule any of those different to the commonly used in the internet since they do not imply a risk of damage or the possibility of rendering useless the Website or its contents.

 

i) Particularly, in a merely indicative and non-exhaustive way, the user is committed not to transmit, spread, or provide the use of any third party information, data, contents, messages, graphics, drawings, audio or video files, pictures, recordings, software and any kind of material in general which could:

 

 

(i) In any form, be contrary or to undervalue or damage the fundamental rights or the public liberty legally recognized in the Constitution, in International Treaties and in the rest of the current legislation.

 

(ii) Prompt or induce, or promote illegal actions, denigrating, libelous, violent or, in general, those contrary to the Law, ethics, generally accepted good manners or public order.

 

(iii) Induce, incite or promote actions, attitudes, or discriminatory thoughts on account of sex, race, religion, beliefs, age or condition.

 

(iv) Incorporate, provide use or allow to access to products, elements, messages or illegal services, violent, offensive, damaging, degrading or, in general, those contrary to the Law, ethics, generally accepted good manners or public order.

 

(v) Induce or cause to induce to an unacceptable state of terror or anxiety.

 

(vi)Induce or incite to get involved in actions considered dangerous, risky or harmful for health or mental balance.

 

(vii) Be protected by legislation regarding intellectual or industrial property belonging to Radical Surf Sport, S.L. or to any third party authorized for the intended used.

 

(viii) Be contrary to honour, personal or familiar integrity or to the public image of the people itself.

 

(ix) Constitute any kind of publicity.

 

(x) Include any type of virus or software which could stop the normal working of the website.

 

If you are granted a password to access certain services and contents of the website, you are obliged to use it in an appropriate manner, keeping its secrecy at any time. As a consequence, you will be held responsible for its custody and confidentiality, being committed not to provide it to any third party, temporary or permanently, and not to provide access to the mentioned services or contents by other people. In the same manner, you are obliged to notify Radical Surf Sport, S.L. about any situation which could suppose a wrongful use of your password, such as its being stolen, lost, or any non-authorized access, with the aim of proceeding to its immediate cancelation. As a consequence, without such notification Radical Surf Sport, S.L. is relieved from liability of any responsibility derived from a wrongful use of your password, being your sole responsibility any illicit use of the contents or services of the Website by any third party.

 

If as a result of a wrongful or fraudulent use you fail to fulfill any of the established obligations in the present General Terms of Use, you will have to respond for all the damages and harms caused by such misbehavior to Radical Surf Sport, S.L.

 

6. Responsibilities

 

Radical Surf Sport, S.L. does not guarantee the continuous access, or the correct visualization, downloading or utility of the elements or information contained in the website of Radical Surf Sport, S.L., which could be impeded or interrupted by factors or circumstances out or its control.

 

Radical Surf Sport, S.L. is not responsible of the decisions which could be adopted as a consequence of the access to the contents or information offered.

 

Radical Surf Sport, S.L. could interrupt the service or end immediately the relationship with the user if it detects that the use of the website or any of the services offered are contrary to these General Terms of Use. Radical Surf Sport, S.L. is not responsible of any damage or harm, lost, complaints, or costs derived from the use of the website. It is solely responsible of eliminating, as soon as possible, the contents which could create such damages, always when this situation has been notified. Radical Surf Sport, S.L. will not be considered responsible especially and particularly for those damages derived from, among others:

 

(i) interferences, interruptions, mistakes, omissions, telephone breakdown, delays, blockings, or disconnections  in the working of the electronic system, caused by deficiencies, overloading or mistakes in the wires and webs of telecommunications, or by any other reason out of the control of  Radical Surf Sport, S.L.

 

(ii) Illegitimate interferences through the use of malware of any kind or through any other communication media, such as virus or any other.

 

(iii) Wrongful or inappropriate abuse of the website.

 

(iv) Security or navigation mistakes produced by a defective working of the navigator or by the use of versions which are not updated. Radical Surf Sport, S.L. administrators keep the right to retire, totally or partially, any content or information present in the website.

 

 

Radical Surf Sport, S.L. excludes any responsibility for those damages and harms of any nature which could be derived from a misuse of the free regulation and use on the part of the users of the website. In the same way, Radical Surf Sport, S.L. will not be held responsible for any content or information which could be received as a consequence of data gathering forms, being those solely for the providing of doubts and questioning. On the other hand, in the case of causing any damage, and by the illicit or incorrect use of such services, the user could be sued by Radical Surf Sport, S.L. for the damages and harms caused.

 

You will defend, compensate and keep Radical Surf Sport, S.L. relieved from liability for any damage or harm derived from the complaints, actions or suing of any third party as a consequence of your access or use of the website. In the same way, you are obliged to  compensate Radical Surf Sport, S.L. against any damage or harm, derived from your use of “robots”, “spiders”, “crawlers” or similar tools used with the aim of gathering or extracting data or any other action which could suppose an overloading of the website functioning.

 

 

7. Hyperlinks

 

The user is obliged not to reproduce in any manner, or even through a hyperlink, the Radical Surf Sport, S.L. website, or any of its contents, except the expressly written authorization of Radical Surf Sport, S.L.

 

Radical Surf Sport, S.L. website includes links to other websites managed by third parties, with the object of facilitating the access of the user to the information or co-working and sponsoring companies. According to this, Radical Surf Sport, S.L. is not responsible for the content of such websites, and does not held a position as an offering part of the services or the information which could be offered to third parties through links to another third party.

 

The user is granted an unlimited right, revocable and not exclusive to create links to the main page of the website only for private and non-commercial use. Websites which include a link to our website (i) could not induce to think that Radical Surf Sport, S.L. recommends this website or its services or products; (ii) could not express a false relationship with Radical Surf Sport, S.L. nor confirm that Radical Surf Sport, S.L. has authorized that link, or include brands, denominations, commercial names, logos or any other sign different to those of Radical Surf Sport, S.L.; (iii) could not include contents considered of a bad taste, obscene, offensive, controversial, violent, or discriminative on account of sex, race or religion, contrary to public order or illicit; (iv) could not link to any other page of the website except for the main page; (v) must link with the own web address of the website, without allowing the website to make that link reproduce the website as a part of its own web of inside any of its “frames” or to create a “browser” above any of the pages of the website. Radical Surf Sport, S.L. could ask at any moment to eliminate any link to the website, supposing the immediate elimination of such link right after. Radical Surf Sport, S.L. cannot control the information, contents, products or services facilitated by other websites which have established links to the website.

 

As a consequence, Radical Surf Sport, S.L. does not assume any kind of responsibility derived by any aspect relative to such websites.

 

 

8. Data Protection

 

To make use of some of the services, the users must previously provide certain personal data. For this end, Radical Surf Sport, S.L. will make an automated treatment of such personal information according to the current legislation (Ley 15/1999 de 13 de diciembre de Protección de Datos de Carácter Personal y el RD de desarrollo 1720/2007). The user can access to the policy followed for the treatment of personal data, and for the establishment of previously set objectives, in the terms expressed in  the data protection policy.

 

9. Cookies

 

Radical Surf Sport, S.L. keeps the right to make use of “cookie” technology in the website, in order to recognize you as a frequent user and personalize your use of the website through your language choice or your favorite or specific contents. “Cookies” used by the website, or by a third party acting on its behalf, are associated only to an anonymous user and its computer, and do not provide personal data of the user.

 

Cookies are files sent by the navigator through a web server in order to register the navigation of the user in that website, when the user allows its reception. He or she could eliminate the cookies following the using instructions of his or her navigator.

 

Thanks to the cookies it is possible that Radical Surf Sport, S.L. recognizes the navigator of the computer used by the user with the aim of facilitating the contents and to offer preferences of navigation or publicity of the user, demographic profiles of the users, at the same time that it establishes a measure of the visits and parameters of the web traffic, progress controlling and number of visits.

 

 

10. Length and conclusion

 

The service provided in the present Website and other services has an indefinite duration. However, Radical Surf Sport, S.L. could end or suspend any of the services in the website. In this case, Radical Surf Sport, S.L. will announce the ending or suspension of the specific service.

 

 

11. Statements and guarantee.

 

In general, the contents and services offered in the website have an informative character. For this reason, by its offering, Radical Surf Sport, S.L. does not make any guarantee or declaration whatsoever relating the contents or services offered in the website, including the enunciative tittle. Licit guarantees, utility, veracity, accuracy or commerciality, except the contrary is established by law.

 

 

12. Force Majeure

 

Radical Surf Sport, S.L. will no be held responsible in any case by the impossibility to provide service, if this is caused by continuous interruptions of the electric supply, telecommunication wires, social conflicts, strikes, rebellions, explosions, floods, Governmental acts or omissions, and in general any event of Force Majeure or unforeseeable circumstances.

 

 

13. Claims Resolution. Applicable Laws and jurisdiction.

 

The present General Terms of Use, and the use of the Website, are object to the Spanish current legislation. Any claim aroused will be solved in Huelva Courts of Law.

 

In the case that any stipulation of the present General Terms of Use resulted to be unenforceable or void in virtue of the applicable law or as a consequence of an administrative or judicial resolution, such unenforceability or nullity will not make the present General Terms of Use void or invalid as a whole. In such cases, Radical Surf Sport, S.L. will proceed to the modifying or substitution of such stipulation for another considered valid, and liable, and that fulfills the object and pretention expressed in the original stipulation.