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TERMS OF USE

Boomerang TV Group


Read this document carefully. This document constitutes the Terms of Use that govern access, navigation and use of the http://www.grupoboomerangtv.com platform (henceforth, the  “Plataform”) owned by BOOMERANG TV, S.A. (henceforth, “BOOMERANG”).

1. OBJECT AND SCOPE OF APPLICATION

These terms of use govern access, navigation and use of the BOOMERANG Platform. Nevertheless, BOOMERANG reserves the right to modify the configuration, content and services offered through the Plataform, as well as the conditions required in order to gain access to and/or use it. Access to or use of the contents on the Platform after any changes or modifications have entered into force shall constitute acceptance of said terms.

The above notwithstanding, access to certain contents and the use of certain services may be subject to certain specific conditions that, in some cases, may substitute, complement and/or modify the present Terms of Use. In the event of any contradiction, said special conditions shall prevail over the Terms of Use.

Use or access to this site implies that you (henceforth, the "User") acknowledge having read and understood the present legal use conditions and agree to comply with them in their entirety.

If you, as a user, do not agree with any of these conditions, you must refrain from accessing this site.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

BOOMERANG is the owner and has obtained the corresponding intellectual and industrial property exploitation licenses with respect to the information, contents and selection and/or provision of the services available through the Platform.

Under no circumstances shall access, navigation and use of the Platform by the User imply any sort of waiver or total or partial transfer of these rights on behalf of BOOMERANG. The User has the right to make a strictly domestic use of the contents and/or services on the Platform.

It is implicitly prohibited to use any reference to brands or other distinctive signs, whether property of BOOMERANG or of a third party company, without the consent of BOOMERANG or their legitimate owners.

All intellectual and industrial property rights over the contents and/or services on the Platform are hereby reserved.

3. POLICY WITH REGARDS TO COOKIES AND FILES WITH A SIMILAR FUNCTIONALITY

BOOMERANG uses Cookies in order to facilitate the User's navigation on the Platform. Cookies are small data files that are hosted on the User's computer, hardware or access device and contain certain information about your visit to the Platform.

BOOMERANG recommends that you read the instructions and manuals for your browser and/or access device for further information, since you have the option of configuring your browser or access device so that you will get a warning message when you receive cookies and thus prevent them from being installed on your device. In this sense, you can always eliminate each and every Cookie by accessing your navigator.

In any case, you should know that the Platform may  also embed certain elements in the website's source code that are used to measure visitor traffic to the site in order to deduce a pattern of visits. This anonymous information may be shared with business customers, suppliers, sponsors and advertisers.

To be more specific, we use Cookies in order to facilitate a more agile and efficient management of your access, navigation and use of the Platform, although BOOMERANG does not store any User data, information or custom navigation profiles for the Platform in its own systems.

We are currently using Google Analytics (http://www.google-analytics.com/ga.js). Google will use this information on behalf of BOOMERANG in order to keep track of your use of the Platform, compiling activity reports for the Platform and providing other services related with activity on the Platform and with the use of Internet services. Google may also transfer this information to third parties, with the sole purpose of performing analytics and monitoring IP's for purely statistical purposes, when so required by law or when such third partis must process the information on behalf of Google, as in the case of BOOMERANG.  Google will not associate your IP address with any other data at Google's disposal.  You can refuse to allow your data or information to be processed by selecting the appropriate settings on your browser in order to reject the use of Cookies. However, you should know that if you do so, you may not be able to use the Platform's full functionality. By using this Platform, you are consenting to allow Google to process this information in the manner and for the purposes described above. For more information, please visit the following URL:  http://www.google.com/intl/es/analytics/.

4. PRIVACY POLICY 

In compliance with the provisions of Organic Law 15/1999, dated December 13, on Protection of Personal Data, and its implementing regulations.

1. The personal data provided through the Platform in the contact section provided for such purpose shall be incorporated in a set of files owned by BOOMERANG, the purpose of which is to manage any queries received.

2. The User hereby warrants that the information provided is true, accurate, complete and up-to-date, and assumes all liability for any direct or indirect loss or damage that may arise as a result of a breach of this obligation. In the event that the data provided should belong to a third party, the User warrants that they have informed such third party of the points contained in this document and have obtained the necessary authorization in order to provide BOOMERANG with said data for the purposes specified.

3. In response to BOOMERANG's concern about ensuring the security and confidentiality of User data, in the context of present-day state of the arts, certain technical, organizational and security measures within our reach have been adopted in compliance with the provisions of the Organic Law on Data Protection and applicable regulations in order to prevent the loss, misues, alteration, unauthorized access or theft of the personal data provided, with the aim of making any queries the User may deem necessary through the contact address provided on the Platform.

4. The User may freely exercise their rights of access, rectification, cancellation and opposition by writing to BOOMERANG's headquarters, located on: Calle María Tubau 4, 4th floor. Postal Code:28050. Attention: Antonio Navarro Ibáñez, making sure to include in all cases their name, surnames and a copy of their national ID card, and expressly indicating the right they wish to exercise.

5. LINKS

5.1. Links to other websites

In the even that Users may find links on the Platform to other web pages, through various links, banners, etc., these are managed by third parties.

Consequently, BOOMERANG cannot assume any sort of responsibility for any aspect of the website to which it might establish a link through the Platform, specifically including but not limited to, in general: its operation, the reliability of its products and services, their own links and/or any of its contents.

Establishing any kind of link from the Platform to another website does not imply any sort of relationship, collaboration or dependency between BOOMERANG and others responsible for said other website.

5.2. Links to the Platform from Other Website

BOOMERANG does not authorize establishing any link to the Platform from websites containing illicit or illegal content, or, in general, any content that contravenes the law, morals or public order.

In any case, Users may establish links on their own websites directing visitors to the Platform, provided these links meet the following conditions: a) the link may not reproduce the Platform's content or any part thereof in any way; b) no browser or border environment may be created over sections of the Platform, nor may the Platform be modified in any other way; c) no false or inaccurate statements may be made about the Platform and/or, concretely, no implication shall be made that BOOMERANG has authorized the link d) the website on which the link to the Platform is established must not contain contents that infringe on any third party's rights, including intellectual and industrial property rights and/or the right to honor, personal or family privacy or personal reputation, or any other right or contents contrary to the rules governing the protection of personal data.

BOOMERANG shall not assume any liability for any aspect of the platform that establishes a link bound for this Platform.

6. USE TERMS FOR THE PLATFORM

Therefore, the User shall be solely responsible in the event of access or use of the Platform for any illegal or unauthorized purposes prohibited herein, whether for economic gain or free of charge, and, more specifically, though the following list is not exhaustive:

•    Using the Platform in any form that might cause damages, or defects to its functionality or to a third party's computer;
•    Using the Platform in order to transmit or instal any sort of virus, malicious code or other harmful programs or files;
•    Using the Platform in order to gather other User's personal data;
•    Violating or attempting to violate the security or authentication measures of the Platform or of any associated network.

7. RESPONSIBILITIES AND WARRANTIES

BOOMERANG cannot guarantee the reliability of the Platform's services, or the utility or veracity of the documents made available through the Platform. 

Consequently, BOOMERANG does not guarantee and shall not be held liable for: (i) the continuity of the contents on the Plataform; (ii) the abscence of errors in said contents; (iii) the invulnerability of the Platform and/or the impregnability of the security measures adopted on the Platform; (iv) the lack of utility or performance of the contents on the Platform;

The above notwithstanding, BOOMERANG hereby declares that it has adopted the necessary measures, within the means of its capabilities and current state of the arts, in order to guarantee the Platform's operation and prevent the existance or transmission of viruses and other components that may be harmful to User's computer systems.

8. AUTHORSHIP OF IMAGES USED ON THE PLATFORM

In order to comply with the obligation of acknowledging the source of each of the images hosted on the Platform (henceforth, the "Images"), and given the impossibility of carrying this task out in a way that is different from how it is currently done.

The following is a list of the authorship of each of the still Images:

-01: Background of the headers for: Pilotari, A ze parea!, Galegos no mundo, La Gala, La Competència en color, El día que cambió mi vida, Ni de conya!, La Noche de los sueños, Can Bum!, Quina nit!, Crackòvia (1), Baleàrix, Kerman, Oh happy Day (3Koma), Polònia, La batalla de los coros; designed by Freepik.com.

Likewise, with respect to Images published on the Platform for a fixed term, BOOMERANG has the necessary authorizations from their rights holders in order to incorporate these images.

9. GENERAL

BOOMERANG may terminate, suspend or discontinue access to the contents on the Platform without prior notice at any given moment, and Users will have no right to demand compensation.
Failure on behalf of BOOMERANG to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver unless BOOMERANG expressly acknowledges and agrees in writing to waive such rights.

10. APPLICABLE LAW AND COMPETENT JURISDICTION

Current regulations shall determine the laws that should govern and the jurisdiction should apply to the relationship between BOOMERANG and Users. The above notwithstanding, in those cases in which the current legislation provides for the possibility of allowing the parties to be subject to a particular jurisdiction, BOOMERANG and the Users, expressly waiving any other jurisdiction that may apply, agree to be subject to Spanish legislation and the Courts of Madrid capital.