ACT ON INFORMATION SOCIETY SERVICES (LSSI)
QUINTO PUNTO, S.L., responsible for the website, hereinafter RESPONSIBLE, makes this document available to users, with which it intends to comply with the obligations provided with the Act 34/2002, of July 11, on Information Society Services and e-commerce (LSSICE), and to inform all users of the website regarding the terms of use.
Anyone accessing this website assumes the role of a user, committing to the observance and rigorous compliance of the provisions set forth herein, as well as any other legal provision that may be applicable.
QUINTO PUNTO S.L. reserves the right to modify any type of information of the website, without any obligation to notify or let users know the aforementioned obligations, it is deemed as sufficient the posting on the QUINTO PUNTO S.L website.
Corporate name: QUINTO PUNTO S.L.
Trade name: QUINTO PUNTO S.L.
VAT number: B63418792
Address: SOCRATES 41, 08030 BARCELONA
e-mail: GESTION@QUINTOPUNTO.COM
2. OBJECT
Through the website, we offer users the possibility of accessing the information regarding our services.
3. PRIVACY AND DATA PROCESSING
Whenever the user must provide personal data to access a service or content in particular, the user must guarantee this data is truthful, exact, authentic and current. The company will manage this data using an appropriate automated treatment according to its nature or purpose in the terms indicated in the Privacy Policy.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The user acknowledges and accepts that all the content shown in the website, particularly, designs, texts, pictures, logos, icons, buttons, software, trade names, brands, or any other signs susceptible of industrial and/or commercial use are covered by copyright laws and all the brands, trade names or distinctive signs, all the industrial and intellectual rights on any content and/or any other element of the page, are the sole property of the company and/or of a third party, and therefore, they have the exclusive right to use them in the course of trade. Therefore, the user agrees to not reproducing, copy, distribute, provide or in any other form communicate, transform o modify publicly those contents and hold the company harmless from any claim resulting from the breach of such obligations. In no case the access to the website implies any type of waiver, transmission, license or total or partial assignment of those rights, unless it is expressly stated otherwise. These general conditions of the website do not grant users any other right of use, hr, alteration, exploitation, reproduction, distribution or public communication of the website and/or its contents different from those that are expressly provided here. Any other use or exploitation of any other rights will be subjected to the prior and express authorization specifically granted for this purpose by the company or the third party that is the holder of the affected rights.
The content, texts, photographs, designs, logos, pictures, computer programs, source codes and, in general, any intellectual creation existing in this space, as well as the space itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property law. The company owns the elements of the graphic design of the website, the menus, the navigation buttons, the HTML code, the texts, pictures, textures, graphics and any other content of the website or, in any case, it has the authorization to use these elements. The content provided in the Web Space cannot be reproduced in whole or in part, nor can be transmitted or recorded with any system of information retrieving, in any form of means, unless it has the prior and written authorization of the company.
In addition, it is forbidden to delete, circumvent and/or manipulate the «copyright» and the technical devices of protection, or any other mechanisms of information that may include the content. The user of this Website agrees to respect the rights and avoid any action that could harm those rights. In any case, the company reserves the right to all legal means or actions to defend its legitimate copyright and industrial laws.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
The user agrees to:
Despite the provisions of the last section, the user shall not:
In case you need a password to access some services and/or contents of the website, you must use it diligently, keeping it always secret. Therefore, you will be responsible of its safeguarding and confidentiality, and you agree to not give it to a third party, temporarily or permanently, nor allowing the access to the aforementioned services and/or contents by any unauthorized person. In addition, you agree to inform the company of any act that can be a misuse of your password, for example, its theft, loss or unauthorized access, so that the password can be immediately cancelled. Therefore, until you do not notify the company, the company shall not be held responsible for any responsibility due to the unauthorized use of your password, and it will be your responsibility any unlawful use of the content and/or services of the website by any unauthorized person. If in a negligent or harmful way you fail to observe the obligations set forth in these general terms of use, you will be liable for damages caused by said breach to the company.
6. RESPONSIBILITIES
The company does not guarantee the continuous access, nor the right visualization, download or usefulness of elements and data included on the website that can be disabled, hindered or interrupted by factors or circumstances that are beyond its control. The company shall not be liable for the decisions that could be adopted because of the access to the content or information offered.
The service can be interrupted, or the relationship with the user can be resolved immediately, if the company detects that the use of its website or any other services offered on the website goes against these general terms of use. The company shall not be liable for damages, loss, claims o expenses arising from the use of the website.
The company shall only be liable of deleting, as soon as possible, the content that can create those damages, provided the company is notified. The company shall not be liable for damages, among others, for:
The company excludes any liability for damages of any kind that could be caused by the misuse of the website user of the freely available services. In addition, the company shall not be liable for any responsibility for the content or information received through the forms that collect data. The purpose of these forms is to provide services of inquiries and doubts. In addition, in case of damages due to an incorrect or unauthorized use of those services, the user can be sued for damages.
You shall hold the company harmless against any damages of claims, actions or sues made by a third party because of the access or use of the website. In addition, you agree to compensate for any damages caused by your use of “robots,” “spiders,” “crawlers” or any other tool intended to collect or mine data or any other action you take that imposes an unreasonable burden on the operation of the website.
7. HYPERLINKS
The user agrees not to reproduce in any form, not even with a hyperlink, the website, or any of its content, except for an express written permission of the file responsible.
The website can include links to other websites, managed by third parties, to facilitate the access of the user to the information of partner and/or sponsor. Therefore, the company shall not be liable for the content of these websites, nor it is guarantor nor provider of the services and/or information that can be offered to a third party using the links of a third party.
The user is granted a limited right that is revocable and nonexclusive to create links to the home page of the website exclusively for private and non-commercial use. The websites that include a link to our website (i) shall not lie about its relationship nor affirm that the link has been authorized, nor include brands, names, trade names, logos or any other distinguishing signs of our company; (ii) shall not include contents that can be considered bad taste, obscene, offensive, controversial, inciting violence or discrimination on the grounds of sex, race or religion, contrary to public order o illicit; (iii) shall not link to any website different from the homepage; (iv) shall link to the website, not allowing that the website linking to it reproduces the website as part of its web or includes the website inside one of its “frames” or creates a “browser” for any of the pages of the website. The company may ask, in any given time, that any link to the website is removed, and the removal must be immediate.
The company can not control the information, content, products or services provided by other websites that have links to the website.
8. DATA PROTECTION
To use some of the services, the user must provide some personal data beforehand. The company will treat this data automatically and will apply the corresponding security measures, in accordance with the RGPD, LOPDGDD and LSSI. The user can access to the policy followed in the personal data treatment and previously established purposes, under the conditions defined in the Privacy Policy.
9. COOKIES
The company reserves the right to use the technology called “cookie” on the website, to recognize you as a frequent user and personalize the use you make of the website by preselecting your language or more specific or desired content.
The cookies collect the user’s IP address and Google is the responsible for the treatment of this information.
The cookies are files sent by a browser using a web server to record the browsing of the user on the website when the user allows receiving cookies. If you want, you can set your browser to be notified in your screen when a cookie is received and to prevent the installation of cookies on your website. Please, consult the instructions and manuals of your browser to expand this information.
The cookies allow that the browser of the computer used by the user can be recognized with the aim of facilitating content and offering the browsing or advertising preferences that the user, to the demographic profiles of the users, and to measure visits and traffic parameters, controlling the progress and the number of entries.
10. STATEMENTS AND GUARANTEES
In general, the content and services offered on the website are for informational purposes only. Therefore, when providing them, no guarantee nor statement is given regarding the content and services offered on the website, including, by way of example, guarantees of legality, reliability, utility, veracity, accuracy or marketability, except to the extent that by law such statements and guarantees can not be excluded.
11. FORCE MAJEURE
The company shall not be liable for any inability to provide service if it is caused by prolonged power outages, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and government omissions and, in general, all cases of force majeure or fortuitous event.
12. DISPUTE SOLUTIONS. GOVERNING LAW AND JURISDICTION
These general terms of use, and the use of the website, shall be governed by the Spanish law. To resolve any controversy, the parties shall be subject to the registered office of the person responsible for the website.
In case any condition of these general terms of use is unenforceable or void in virtue of the applicable law or because of a judicial or administrative decision, such unenforceability or nullity shall not render these general terms of use unenforceable or void as a whole. In that case, the company shall modify or replace the provision at issue by another one that is valid and demandable and insofar as possible, fulfills the goal and purpose reflected in the original provision.