1.- Conditions of access and use of the site
The terms and conditions indicated below regulate the access and use of this website (hereinafter site or website) whose owner and service provider of the information society is BOOMERANG TV, SA, (hereinafter BOOMERANG) with tax number A-82117193 and registered offices at María Tubau nº4 - 4th floor, CP 28050 Madrid, registered in the Mercantile Registry of Madrid, Volume 13.491 Page 130 Sheet M-219.186 1st Inscription.
The expression "site or website" is understood as (although not limited to) the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, designs and others included therein and, in general, all creations expressed by any means or support, tangible or intangible.
Access to the site implies that the user of the site acquires a series of rights and obligations, in order to guarantee the adequate enjoyment of the general, private and content services found therein and that BOOMERANG makes available to the user.
The user is aware that access and use of the services and contents of the site is done under his sole and exclusive responsibility.
User status is acquired by accessing the website. The user will use the services and contents exclusively for private purposes and/or by reason of their legal relationship that binds BOOMERANG to the exclusion of any subsequent use thereof for profit or report of any benefit, direct or indirect.
If these general conditions were replaced by others completely or partly, said new general conditions or, where appropriate, the contract conditions and/or the particular ones, will be understood as accepted in an identical manner to that set forth.
However, the user of the website must access these general conditions, contract conditions, and those established in each case, periodically to know the successive versions included here, although it is recommended for the user to access them every time they intend to access or make use of the services and contents of the website.
In the event that the user does not accept these general conditions, the particular contract conditions and/or those that may be established, the user must refrain from accessing the website and/or using its services and abandoning it.
2.- Purpose of the website
Through access to the site, the user can enjoy the use of various contents and services that will be offered by BOOMERANG or by other third-party suppliers and/or collaborators under the conditions determined in each case.
In general, the services and contents offered through the website will be available in Spanish, without prejudice to the possibility - subject to BOOMERANG - to offer them in the rest of the official regional languages, as well as in another language spoken in the Union European.
BOOMERANG may modify, unilaterally and without prior notice the provision, configuration, content and services of the site, as well as its conditions of use and access to the content offered and services provided and the particular conditions. In each case, BOOMERANG, when applicable, will warn of said changes in the corresponding general conditions, in the particular contract conditions and/or in those others that may be established, as well as through communications to the user and through other texts of the Web.
3.- Access to the site
The cost of telephone access or other type of expense for the connection to access the website will be borne exclusively by the user.
4.- Security in accessing the website
Likewise, it is the responsibility of the user to establish the appropriate technical security measures to avoid unwanted actions in their information system, files and computer equipment used to access the Internet and, especially, the website, being aware that the Internet is not totally safe.
5.- Rights and obligations of the user
The user may
- Access for free and without prior authorization the contents and services of the site available as such, without prejudice to the technical or particular conditions or the need for prior registration regarding specific services and content as determined in these general conditions, in the particular conditions of contracting and/or in those others that may be established.
- Use the services and contents available for exclusively private use
- Make correct and lawful use of the site, in accordance with current legislation, ethics, good manners and public order.
In no case may the user:
- Access or use the services and contents of the site for the commission of illegal actions or actions contrary to current legislation, ethics, good manner and public order, for purposes that are harmful to the rights and freedoms of third parties, or that may harm, damage or prevent, in any way, access to them, to the detriment of BOOMERANG or third parties.
- Use the services, completely or partly, to promote, sell, contract, disseminate advertising or personal or third-party information without prior written authorization from BOOMERANG.
- Enter information on the website or use the services existing in it for the purpose of attempting (directly or indirectly) against the rights (and especially the fundamental rights and public freedoms) of other users of the website or BOOMERANG; that incite or promote the performance of criminal, xenophobic, terrorist or degrading acts based on age, sex, religion or beliefs; or pornographic, obscene, violent acts or acts that threaten the law, ethics or good manners. For these purposes, information shall be understood as delimiting but not limiting: texts, graphics, images, videos, sounds, drawings, photographs, data, notes, and others.
- Include hyperlinks in their private or commercial web pages to this website unless expressly authorized by BOOMERANG.
- Use the services and contents offered through the site in a manner contrary to the general conditions of use, the particular conditions of contract and/or those that are established in their case, and to the detriment or impairment of the rights of the rest of users.
- Perform any action that prevents or hinders access to the site by users, as well as hyperlinks to the services and contents offered by BOOMERANG or by other third parties through the website.
- Use any type of computer virus, code, software, computer program, computer or telecommunications equipment, which may cause damage or unauthorized alteration of the contents, programs or systems accessible through the services and contents provided on the website or in the information systems, files and computer equipment of the users thereof; or unauthorized access to any content and/or services of the website.
- Eliminate or modify in any way the protection or identification devices of BOOMERANG or its legitimate owners that may contain the content hosted on the website, or the symbols that BOOMERANG or the legitimate third-party rights holders incorporate into their creations which are object of intellectual or industrial ownership existing on this website.
- Include in websites of their responsibility or property "metatags" corresponding to trademarks, trade names or distinctive signs owned by BOOMERANG.
- Reproduce all or part of this website on a different website; may not frame the present site or the websites accessible through it in a way that hides or modifies (with a delimiting but not limiting nature) contents, advertising spaces and brands of BOOMERANG or third parties, regardless of whether or not they involve acts of unfair or confusing competition.
- Create frames within a website of their responsibility or property that reproduce the main page and/or the pages accessible through it, corresponding to this website without the prior authorization of BOOMERANG.
- Include in a website of their responsibility or property or that of a third party, a hyperlink that generates a window or session of the navigation software used by a user of their website, in which brands, commercial names or distinctive signs of their website are included property and through which the main website or the accessible pages of this website are displayed.
- Use the brand, commercial names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the prior express written authorization of its owner.
- Perform any action that involves the reproduction, distribution, copy, rental, public communication, transformation or any other similar action that involves the modification or alteration of all or part of the contents and services of the site or the economic exploitation thereof, without the prior written authorization of BOOMERANG or the third party owner of the intellectual and industrial property rights corresponding to the services or contents of the website and in the particular conditions of contract and/or in those others that are established in each case, apart from those provided in these general conditions
The user of the site will respond personally for damages of any nature caused to BOOMERANG directly or indirectly, for the breach of any of the obligations arising from these general conditions or other rules governing the use of the site.
6.- Rights and obligations of BOOMERANG
BOOMERANG reserves the following rights:
- To modify the conditions of access and use of the site, technical or not, unilaterally and without prior notice to users.
- To establish particular conditions and, where appropriate, the requirement of a price or other requirements for access to certain services and/or content.
- To limit, exclude or condition the access of users when all guarantees of correct use of the site by them are not given in accordance with the obligations and prohibitions assumed by them.
- To end the provision of a service or supply of a content, without the right to compensation, when its use by the users becomes illegal or contrary to what is established in the conditions that regulate it, without prejudice to the provisions of the particular conditions that regulate the use of a certain service and/or content intended for website users.
- To modify, delete or update all or part of the content or services offered through the site, without prior notice, without prejudice to the provisions of the particular conditions that regulate the use of a certain service and/or content intended for users of the website.
- To undertake any legal or judicial action that is convenient for the protection of the rights of BOOMERANG as of third parties that provide their services or contents through the site, whenever it is appropriate.
- To demand compensation that could be derived from the improper or illegal use of all or part of the services and contents provided through the site.
7.- Exemption and limitation of liability of BOOMERANG
BOOMERANG is exempt from any type of liability for damages of any kind, among others and without limitation, in the following cases:
- Due to the impossibility or difficulties of connecting to the communications network through which this website is accessible, regardless of the type of connection used by the user.
- Due to the interruption, suspension or cancellation of access to the website, as well as the lack of availability and continuity of the operation of the site or the services and/or contents therein whatever the cause.
- BOOMERANG will not be responsible for delays or failures that may occur in the access and/or operation of the services and/or contents of the website.
- BOOMERANG assumes no responsibility for the services and contents, nor for the availability and conditions, technical or not, of access to them, which are offered by third-party service providers, especially with regard to the company's service providers of the information. The service providers of the information society shall be understood as those natural or legal persons that provide the following services to the public: (i) transmission by a data communication network provided by the service recipient (ii) access services to the cited network (iii) data storage or hosting services (iv) provision of content or information (v) temporary copy service of the data requested by users (vi) provision of links to content or search tools.
- BOOMERANG, at no time, assumes responsibility for the damages that may be caused by (not limited to) the information, content, products and services provided, communicated, hosted, transmitted, exhibited or offered by third parties outside BOOMERANG - including the information society service providers - through a website that can be accessed through an existing link on this site.
- The processing and subsequent use of personal data made by third parties outside BOOMERANG, as well as the relevance of the information requested by them.
- The quality and speed of access to the site and the technical conditions that the user must meet in order to access the site and its services and/or contents.
8.- Intellectual and industrial property
The user knows that the contents and services offered through the site including, but not limited to, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, designs, all comments, exhibitions and computer code thereof are protected by intellectual and industrial property laws. The copyright and economic exploitation of this site corresponds to BOOMERANG and/or third parties.
The trademarks, trade names or distinctive signs that appear on the website are the property of BOOMERANG and/or, where appropriate, of third parties, and are protected by current industrial property laws.
The provision of the services and publication of the contents through the site will not imply in any case the transfer, resignation or transmission, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights by BOOMERANG and/or its legitimate third-party owners.
No section of this website may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, completely or in part by any manual, electronic or mechanical system or method (including photocopying, recording or any recovery and storage system of information) through any support currently known or invented in the future, without BOOMERANG's consent. The use, under any modality, of all or part of the content of the site is subject to the need to request prior authorization from BOOMERANG and/or legitimate third-party owners and the acceptance of the corresponding license, if applicable, except for the provisions regarding the rights recognized and granted to the user in these general conditions or what is determined in the particular conditions that BOOMERANG has to establish to regulate the use of a certain service and/or content offered through the website.
If the guilty or negligent act or omission directly or indirectly attributable to the user of the website that originates the infringement of the intellectual and industrial property rights of BOOMERANG or of third parties - whether or not there is a benefit to it - originates damages, losses to BOOMERANG, solidarity obligations, expenses of any nature, penalties, coercive measures, fines and other amounts arising from any claim, demand, action, lawsuit or procedure, whether civil, criminal or administrative, BOOMERANG will have the right to address the user with all legal means at its disposal and claim any compensatory amounts, including (but not limited to) moral and image damages, emerging damage and loss of profits, advertising costs or any other nature that could result for its repair, amounts of penalties or sentences convictions, late payment interests, the cost of financing all amounts in which BOOMERANG could be harmed, the judicial costs and the costs of the defence in any process in which BOOMERANG could be sued for the aforementioned causes, for the damages caused by reason of their action or omission, without prejudice to exercise any other actions established by law.
The use of hyperlinks to this website can only be made by users, as long as the following conditions are met:
- The link may not reproduce the content of the site or parts thereof in any way;
- It is not allowed to create a browser or a border environment on the sections of the site, nor in any other way can said website be modified;
- It is not allowed to make false or inaccurate statements about the site and/or, in particular, to imply that BOOMERANG has authorized the link;
- the website on which the link to the website is established will not contain content contrary to any third party rights, including intellectual and industrial property rights and/or the right to honour, personal or family privacy or the image itself or of any other right, or contents contrary to the regulations governing the protection of personal data.
- The link should only allow access to the home page of this website.
- In order to avoid confusion of web users, it is prohibited to load any page belonging to this website in one of the sections of another web page divided into frames, so as to cause a distortion in the presentation of this website inducing confusion of Internet users ("framing").
- The authorization to insert a link does not presuppose, in any case, a consent to reproduce the visual and functional aspects ("look and feel") of this website.
- It also explicitly prohibits the creation of an environment or navigation bar on the pages that make up this site without prior authorization.
- Aspect of the link: the hyperlink may only consist of one text. For the use of graphics or logos or trade names and trademarks, a license to use the graphics or logos, trade names and trademarks of BOOMERANG and/or its legitimate owners must be obtained in advance. In any case, the text must expressly state that it links to this website. Generally speaking, the appearance, the visual effect, the location and the characteristics of the hyperlink must show that it leads to a BOOMERANG website and that it is independent and not linked by a relationship or collaboration, association, sponsorship, labour relation or any other type, to the website that contains the hyperlink.
- In particular, the authorization for the insertion of hyperlinks to this website will be respect human dignity and freedom. The website in which the hyperlink is established will not contain information or illegal content, contrary to morality and good manners and public order, nor will it contain content that is contrary to any third-party rights.
To create links to this site in other conditions than those described in the previous section, it will be necessary to have the prior written authorization of BOOMERANG.
10.- Duration of web content and services
The access, content and services offered through the site have, in principle, an indefinite duration. BOOMERANG, however, is authorized to terminate or suspend access, services and/or contents thereof at any time, without prejudice to what has been provided in this regard in these general conditions of use of the site, or if there will be, in the Particular Contract Conditions and/or those others that may be established.
11.- Complete conditions
These general conditions contain all the conditions agreed by the parties in relation to their purpose and any declarations, commitments or promises, verbal, written or implied, prior to these conditions in relation to the object thereof will be considered as non-existent.
The fact that BOOMERANG does not require at any given time the respect of any of the conditions established in these general conditions, in the particular contracting conditions and/or in those others that are established in its case, cannot be interpreted by the user as the resignation to demand its fulfilment later.
12.- Nullity and voidability
In the event that any clause of these general conditions of use, of the particular conditions of contract and/or in those others that are established in its case, is voidable or void, in whole or in part, this nullity does not affect the validity of other clauses thereof, which will remain with full effectiveness and validity, unless the party claiming its nullity or voidability proves that without the clause that is void or voidable, the purposes pursued by these Conditions cannot be fulfilled.
These general conditions are under Spanish law.
The parties expressly waive the jurisdiction that may apply to them and expressly submit to the Courts and Tribunals of the city of Madrid to resolve any dispute that may arise in the interpretation or execution of these contractual conditions.