LEGAL INFORMATION
1. Legal information and acceptance.
These provisions regulate the use of the website service www.mitatishop.com (hereinafter, the “Website”) that MITATI (hereinafter, “MITATI”) makes available to Internet users.
Access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users.
The access and use of the Website attributes the condition of user of the Website (hereinafter, the "User") and implies acceptance of all the conditions included in this Legal Notice, as well as its modifications. The provision of the Website service has a duration limited to the moment in which the User is connected to the Website or to any of the services that are provided through it. Therefore, the User must carefully read this Legal Notice on each of the occasions in which he intends to use the Website, since it and its conditions of use contained in this Legal Notice may be modified.
Some Website services accessible to Users or exclusive to MITATI clients may be subject to particular conditions, regulations and instructions that, where appropriate, replace, complete and/or modify this Legal Notice and that must be accepted by the User. User before the provision of the corresponding service begins.
The Website is mainly aimed at Users residing in Spain. MITATI does not ensure that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled in any other place and decides to access and/or use this Website, they will do so at their own risk and responsibility and must ensure that such access and/or use complies with applicable local legislation, not assuming MITATI any liability that may arise from such access.
2. Intellectual and industrial property.
All the contents and/or any other elements of the Website, understood by these to be merely enunciative, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the “Contents”), are the property of MITATI or third parties, and none of the exploitation rights recognized by current regulations regarding intellectual property over them can be understood to be transferred to the User, except for those that are strictly necessary for the use of the Website.
The trademarks, trade names or distinctive signs are the property of MITATI or third parties, without it being understood that access to the Website attributes any right over the aforementioned trademarks, trade names and/or distinctive signs.
By virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the matter, they are expressly prohibited. the reproduction, distribution and public communication, including its method of making available, all or part of the Contents, for commercial purposes, in any medium and by any technical means, without the express written authorization of MITATI or of the third party owner of the affected rights.
The User agrees to respect the intellectual and industrial property rights owned by MITATI and/or third parties.
3. Conditions of use of the Website.
3.1 General
The User acknowledges and accepts that the access and use of the Website takes place freely and consciously, under their sole responsibility.
The User undertakes to make correct and lawful use of the Website in accordance with the Law, this Legal Notice, good faith and public order. The User will be liable to MITATI or to third parties for any damages that may be caused as a result of breach of said obligation.
It is expressly prohibited to use the Website for purposes that are harmful to the property or interests of MITATI or third parties or that in any other way overload, damage or disable networks, servers and other computer equipment (hardware) or computer products and applications (software). MITATI or third parties.
The following actions are also prohibited:
- The use of computer viruses or any other code, file or program that is designed or intended to interrupt, damage, or limit the operation of any software, hardware or telecommunications equipment, or damage or obtain unauthorized access to data or other information from MITATI or any third party.
- Impersonate identities, interfere or interrupt the service, servers or networks connected to the services or fail to comply with the requirements, procedures, policies or regulations of networks connected to the services.
-Use automated scripts or screen scraping to collect information or interact with MITATI.
- Systematically retrieve data or other MITATI content to create, directly or indirectly, in individual or multiple downloads, a collection of data either manually or through bots, crawlers or the like. Access, manipulate or use non-public areas of the Website, the computer systems of MITATI or the systems of its suppliers.
- Any attempt to test the vulnerability of any MITATI system or network or to violate any security or authentication measures.
- Falsify or alter any information of MITATI.
- Attempt to decipher, decompile, disassemble MITATI or third party software.
- Delete, hide or manipulate the notes on Copyright and other identification data of MITATI or third parties incorporated into the Contents, as well as the technical protection devices or any information mechanisms that may be inserted in the Contents.
- Collaborate with a third party to carry out any of the behaviors described.
3.2 Contents
The User undertakes to use the Contents in accordance with the Law, this Legal Notice, good faith and public order, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions in the First Clause.
Merely by way of example, the User, in accordance with current legislation, must refrain from:
a) Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Content except in cases authorized by Law or expressly consented to by MITATI in writing or by whoever owns the exploitation rights as the case may be.
b) Reproduce or copy for private use the Content that may be considered as software or database in accordance with current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily imply the reproduction by the User or a third party.
c) Extract and/or reuse all or a substantial part of the Contents of the Website, as well as the databases that MITATI makes available to Users.
d) Obtain or attempt to obtain the Contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the Website or, in general, those that are commonly used on the Internet because they do not entail a risk of damage or disablement of the Website and/or the Services.
3.3 Introduction of links to the Website
Users who want to introduce links from their own web pages to the Website must comply with the conditions detailed below without ignoring them avoiding the responsibilities derived from the Law:
a) The link will only link to the main page of the Website but may not reproduce it in any way (links, copies of texts, graphics, etc.).
b) It will be prohibited in any case, in accordance with the applicable and current legislation at all times, to establish frames of any kind that surround the Website or allow the display of the Contents through Internet addresses other than those of the Website and , in any case, when they are displayed together with content outside the Website in such a way that: (i) produces, or may produce, error, confusion or deception in the Users about the true origin of the service or Content; (ii) involves an act of unfair comparison or imitation; (iii) serves to take advantage of the reputation of the brand and prestige of MITATI; or (iv) in any other way is prohibited by current legislation.
c) No type of false, inaccurate or incorrect statement about MITATI, its directors, partners, employees, clients or about the quality of the services it provides will be made from the page that introduces the link.
d) In no case will the page where the link is located state that MITATI has given its consent for the insertion of the link or that in any other way it sponsors, collaborates, verifies or supervises the sender's services.
e) The use of any denominative, graphic or mixed brand or any other distinctive sign of MITATI within the sender's page is prohibited except in the cases permitted by law or expressly authorized by MITATI in writing and whenever it is permitted, in these cases, a direct link to the Website in the manner established in this Clause.
f) The page that establishes the link must faithfully comply with the Law and may not in any case have or link to its own content or that of third parties that: (i) are illegal, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.); (ii) induce or may induce in the User the false conception that MITATI endorses, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (iii) are inappropriate or not pertinent to the activity of MITATI in attention to the place, content and theme of the sender's website.
4. Exclusion of Liability.
4.1 Information
The User accepts that MITATI assumes no responsibility for the delay, deletion, misdelivery, or failure to save User communications or personal settings.
MITATI is also not responsible for the decisions made based on the information provided on the Website or for the damages caused to the User or third parties due to actions based solely on the information obtained on the Website.
4.2 Quality of service
MITATI reserves the right to refuse to provide the service to any person for any reason and/or to discontinue the service in whole or in part at any time, with or without notice.
The use of the Website is subject to all applicable regulations and the User will be solely responsible for the content of their communications through the Website.
Access to the Website does not imply an obligation on the part of MITATI to control the absence of viruses, worms or any other harmful computer element. The User is responsible, in any case, for the availability of adequate tools for the detection and disinfection of harmful computer programs.
MITATI is not responsible for any damage caused to the computer equipment of Users or third parties during the provision of the Website service.
MITATI does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may arise from the access or use of the Contents or the Website. Among others, and by way of example and not limitation, MITATI is not responsible for the following circumstances:
- The lack of maintenance and effective operation of the Website and/or its services or Content.
- lack of usefulness of the Website or the Contents for any activity.
- The existence of viruses, malicious or harmful programs in the Contents.
- the reception, obtaining, storage, diffusion or transmission, by the Users, of the Contents.
- The illicit, negligent, fraudulent use, contrary to the terms of this Legal Notice, or to good faith and public order, of the Website or its Contents, by the Users.
4.3 Service availability
Access to the Website requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to MITATI.
Consequently, the services provided through the Website may be suspended, canceled or inaccessible, prior to or simultaneously with the provision of the Website service.
MITATI is not responsible for damages or losses of any kind caused to the User that are caused by failures or disconnections in telecommunications networks, computer failures or other electronic systems that cause the suspension, cancellation or interruption of the Website service during the provision of the same or previously.
5. Passwords.
The access and use of the restricted access areas of the Website carried out under, where appropriate, the password assigned to the User will be deemed to have been carried out by said User, who will be responsible in any case for such access and use. The User will be responsible at all times for the custody of his password, assuming, consequently, any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of the same.
In case of forgetting the password or any other circumstance that supposes a risk of access and/or use by unauthorized third parties, the User must immediately notify MITATI so that we proceed immediately to block and replace it. In any case, any operations carried out before said communication will be considered carried out by the owner of the password, who will be responsible for and will pay the expenses and/or damages derived from any unauthorized access and/or use that is carried out prior to said communication.
6. Duration and modification.
The conditions of this Legal Notice will be in force until they are modified, and MITATI may make these changes, which will be communicated to the User.
MITATI may delete, add or change both the Contents and the services it provides, as well as the way in which they are located or presented. The conditions that are published at the time the User accesses the Website are understood as valid. MITATI invites you to consult this Legal Notice periodically.
7. Legislation and competent jurisdiction.
This Legal Notice is governed in each and every one of its extremes by Spanish law for the resolution of any dispute in relation to this Legal Notice or the relationship between them.