The terms and conditions set forth hereunder (hereinafter referred to as the "Terms of Service" or "TOS"") shall govern the access to and use of each and every web page to be found under the domain "www.rubiokids.com ", and its respective sub-domains and sub-directories (hereinafter referred to as the "Web Site"), property of Enrique Rubio Polo S.L.U., a commercial company with registered offices at C./ Pintor Salvador Abril, 33 of Valencia (Spain), incorporated for an indefinite term pursuant to public instrument and recorded at the Commercial Registry of Valencia.
Access to the Web Site and use of its content and services implies full and unreserved adherence to the Terms of Service set forth in the version published at the time the user accesses the same.
The latest version of the Terms of Service may be consulted whenever so desired at the web site address www.rubiokids.com. If a user decides not to accept the Terms in force, he or she must abstain from accessing the Web Site and/or from using the content and/or services available therein.
PURPOSE OF THE TERMS OF SERVICE
- The purpose of the Terms set forth herein is that of governing access to and utilisation of the Web Site. For the purposes of the Terms of Service set forth herein, Web Site shall be understood to mean:
- The external appearance (or "look and feel") of the screen interfaces, both static and dynamic (that is to say, the navigation tree).
- The elements composing both the screen interfaces and the navigation tree, including but not limited to, any text, images, sounds, data bases, multi-media products, interpretation, artistic renderings, fixed images, photographs, radio diffusion signals and, in general, all and any creations and objects expressed through any medium or support, either currently known or which may be invented in the future, whether or not these be protected by the legal code in force for intellectual property or industrial issues or any other analogous legal systems (hereinafter referred to as the "Content") and all those services and resources on line which, if this be the case, are offered to users (hereinafter referred to as the "Services").
ACCESS TO CONTENT AND SERVICES
- In order to access to Web Site, a user must:
- have access to the internet, either directly or indirectly through an access device;
- pay the corresponding access and connection fees, and
- be in possession of the computer equipment and systems necessary to connect to the internet, including an adequate terminal for such purpose (a computer, telephone, etc.) and a modem or other analogous or similar mechanism.
- For the correct use, visualisation and implementation of certain Content and Services of the Web Site, the user may need to download in his or her computer equipment certain computer programmes or other logical elements. The installation cost of these shall be borne by the user, and Enrique Rubio Polo S.L.U. hereby declines any kind of liability which may derive from same.
- The user undertakes to abstain from accessing the Content and/or Services of the Web Site by any means other than that of the screen interface provided by Enrique Rubio Polo S.L.U. for such purpose.
- In order to access certain Content or Services, Enrique Rubio Polo S.L.U. may require that a registration form be filled in and sent. In this case, the user must provide the information requested. In respect of the registration process, the user undertakes to:
- facilitate true, exact and complete details of his or her identity, and
- update these registration details in such manner that they remain true, exact and complete.
A user may not select as user name or password any word and/or expression which, in general, may contravene the law or normal moral demands and generally accepted good conduct, nor, in general, any word and/or expression upon which any right is held excluding utilisation by the user of same. To this end, the user may not select words or expressions which are rude or offensive, insulting, slanderous or in any way identical or similar to, or in any manner coincide with, distinguishing signs, trade names or names, surnames, artistic names and/or pseudonyms of third parties. Should the user facilitate any false, inexact or incomplete data, or should Enrique Rubio Polo S.L.U. have sufficient cause to suspect that such information is false, inexact or incomplete, or if this information were contrary to law or moral demands or generally accepted good conduct, pursuant to the provisions of the foregoing paragraph, Enrique Rubio Polo S.L.U. shall be entitled to cancel such registration and deny access and use, in the present or in the future, to the Web Site or to any of the Content or Services incorporated therein.
- The user undertakes to make diligent use of his or her user name and password, as well as to maintain such words in confidentiality. User agrees to be entirely responsible for any and all activities that may take place through the use of such user names and password.
- The user may cancel and de-activate his or her registration at any time, using his or her user name and password. The user hereby acknowledges and accepts that Enrique Rubio Polo S.L.U. reserves the right to cancel any registration de-activated for an unreasonable length of time.
INFORMATION ABOUT COOKIES
- By continuing or simply browsing and/or using the functionalities of the Web Site, the user gives his/her consent - depending on the settings you selected on the privacy options provided by your browser – the installation of the cookies used on this Web Site and described at the abovementioned page.
REGULATIONS FOR USE OF THE WEB SITE
- The user hereby undertakes to use the Web Site and the Content or Services incorporated therein in a diligent and correct manner. Likewise, the user undertakes to abstain from using the Web Site:
- to carry out activities contrary to law, ethics, generally accepted good conduct or established public order, and
- for illicit, prohibited or harmful purposes or effects. Enrique Rubio Polo S.L.U. hereby declines any liability which could derive from the foregoing.
- The user acknowledges and accepts that he or she shall make use of the Web Site and the Content and/or Services incorporated therein for strictly personal, private and particular purposes. The user is hereby strictly forbidden to authorise third parties to totally or partially use the Web Site, or to introduce, or incorporate as or into, his or her own commercial activities, the Content and/or Services therein incorporated. The use or application of any technical, logical or technological resources pursuant to which users may benefit, directly or indirectly, with or without profit, from non-authorised exploitation of the Content and/or Services or the Web Site itself is hereby strictly prohibited.
- The user undertakes not to damage, render useless, overload or deteriorate the equipment and computer or telecommunications systems of Enrique Rubio Polo S.L.U. or any third party, or the content incorporated and/or stored in same.
- The user undertakes to abstain from using the Content and Services in any manner which could damage, render useless, overload or deteriorate the Web Site or impede normal utilisation or enjoyment of the same by other users.
- The user undertakes to abstain from modifying the equipment and systems of Enrique Rubio Polo S.L.U. in any manner whatsoever, and from using modified versions of equipment and systems with a view to obtaining non-authorised access to any Service and/or Content of the Web Site.
- The user undertakes not to interfere with or interrupt access to and use of the Web Site, servers or networks connected to same, or fail to comply with the requirements, procedures and regulations governing internet connection policy.
WEB SITE CONTENT AND SERVICES
- The user acknowledges and accepts that any details of an economic-financial-strategic nature in relation to Enrique Rubio Polo S.L.U. or the companies of its Group (hereinafter referred to as "Corporate Information") appears for merely informative purposes.
- The Corporate Information has been obtained from reliable sources, but, despite having taken reasonable precautions to ensure that such information is not erroneous or mistaken, Enrique Rubio Polo S.L.U. neither states nor guarantees that it is exact, complete or up to date, and it should not be trusted as such.
- The Corporate Information contained on the Web Site does not entail any kind of recommendation for investment, nor financial or any other kind of advice, and no part of its content should be used as a basis to carry out investments or to make decisions of any kind.
- Without prejudice to all of the foregoing, any user who decides to invest in shares of the Enrique Rubio Polo S.L.U. should take into account the fact that the value of his or her investment may undergo fluctuations either upwards or downwards, and that he or she may thus be unable to recover the sum invested, either in whole or in part. Any profits obtained in the past do not indicate future yield. Exchange rates and their fluctuations may produce fluctuations in the value of their investments.
- Information provided by third parties
- Web Site may include information or content facilitated by other sources other than Enrique Rubio Polo S.L.U., including the users of the Web Site themselves. Enrique Rubio Polo S.L.U. does not guarantee, nor does it assume, any liability whatsoever for the certainty, integrity or exactness of such information and/or content, including any situation where defamatory, offensive or illicit elements exist.
- At all events, and without prejudice to the foregoing, remittal by third parties of information and/or content of the publicly accessible sections of this Web Site through electronic mail or any other means shall imply the granting in favour of Enrique Rubio Polo S.L.U. of a non-exclusive licence, with no time limit, world-wide and at no cost, to reproduce, store, edit, modify, publish, incorporate in data bases, publicly notify, transmit, visualise, distribute, represent or in any other manner commercially exploit, in whole or in part, such information or content owned by the user on the Web Site, in any form or by any other means or technology. Enrique Rubio Polo S.L.U. reserves the right, at its own sole discretion, to edit, reject or eliminate the aforementioned information and/or content.
- The user acknowledges and accepts that Enrique Rubio Polo S.L.U. may retain and reveal the information it stores or places at the disposal of third parties on the Web Site, provided that this is:
- required from them by the competent authorities and official organisms;
- convenient or necessary to contest claims relating to violation or infringement of rights; or
- advisable or necessary to protect the legitimate interests of Enrique Rubio Polo S.L.U., its users and the public in general.
CONTENT AND SERVICES OUTSIDE THE WEB SITE
- The Web Site of Enrique Rubio Polo S.L.U. may place at the disposal of users technical mechanisms for links, directories and search engines, which allows them to access web pages belonging to or managed by third parties.
- The installation of such links, directories or search engines on the Web Site has the sole purpose of facilitating the users with search and access to the information, the content and the services available on the Internet.
- Establishment of a link does not necessarily imply the existence of a relationship between Enrique Rubio Polo S.L.U. and the proprietor of the web page with which the link is established, nor acceptance and approval on the part of Enrique Rubio Polo S.L.U. of its content or services.
- Unless expressly otherwise stated, neither Enrique Rubio Polo S.L.U. itself nor any third party either offers or markets the information, content and/ or services available on the pages to which it provides a link, nor does it control, approve or oversee them or make them its own. The user, therefore, must take extreme precautions when evaluating and using the information, content and services contained in the pages to which such link is provided.
- To the extent that this website contains links to outside websites over which Enrique Rubio Polo S.L.U. does not have any control whatsoever, the user acknowledges and accepts that Enrique Rubio Polo S.L.U. shall not be held responsible for the contents and the services that they may access in said pages, nor for any products commercialised in same.
GUARANTEES AND LIABILITY
- Unless law expressly provides otherwise, or unless expressly otherwise stated, the user hereby expressly acknowledges and accepts that Enrique Rubio Polo S.L.U. grants no guarantee of any nature, be this express or implicit, in respect of the Web Site or the Content and Services incorporated therein, including but not limited to:
- The availability and continuity of the functioning of the Web Site and, in particular although not exclusive to, the fact that users may effectively utilise the Web Site, the Content and the Services, access the different web pages making up the Web Site or those from which Services are loaned.
- The level of quality, interfacing and functioning of the Web Site, or the Services and/or Content incorporated therein.
- The interruption, suspension or cancellation of access to the Web Site and the Content and/or Services incorporated therein.
- The adaptation of the Web Site and the Services and/or Content incorporated therein for any particular purpose.
- The certainty, integrity, exactness and/or updating of the Content, Services, products, texts, graphics, links or any other elements incorporated in the Web Site, or any results which may be obtained from the access and/or use of this web site or its content.
- Enrique Rubio Polo S.L.U. hereby expressly declines any responsibility for error or omission in the information contained in the pages of this Web Site, or the lack of veracity, exactness, thoroughness, relevance and/or updating of the Content, including any differences in prices which may exist between those indicated on the Web Site and those appearing on the tickets attached to garments (the prices marked on the ticket will always be the correct ones).
- Unauthorised access and alteration of data stored and transmitted through the Web Site or the services offered in this connection.
- The absence of viruses or other elements in the content, which could produce alterations in the computer system (software and hardware) or in the electronic documents and indexes stored in the computer system.
- The user is aware of, and voluntarily accepts, that use of the Web Site, the Services and the Content takes place, in all cases, at his or her own risk, for which reason he or she shall adopt all measures necessary for the purposes of minimising risks, including any security measures which may be necessary to guarantee anti-virus and data recovery procedures. Thus, unless law expressly dictates otherwise, and exclusively insofar as this is imposed, Enrique Rubio Polo S.L.U. neither guarantees nor assumes any responsibility whatsoever in respect of access to and use of the Web Site and its Content and/or the Services incorporated therein.
- Without prejudice to the foregoing, Enrique Rubio Polo S.L.U. shall not be liable for delays or faults produced in access to, functioning and operating of the Web Site, its Content and/or Services, nor for any interruption, suspension or faulty functioning of the same whenever this is caused by breakdown due to natural catastrophes such as earthquakes, floods, lighting or fire, situations of force majeure, situations of extreme emergency such as war, military operations, civil disturbance, strikes, closures by management or any other situation of force majeure or fortuitous cause.
- In order to use or access certain Services and/or Content, Enrique Rubio Polo S.L.U. may require users to fill out certain registration forms which necessarily entail the facilitating of certain details of a personal nature. Enrique Rubio Polo S.L.U. shall treat such details in accordance with the purposes and on the terms described in each case.
- When filling out and sending any form incorporated in the Web Site, the user hereby expressly consents to and authorises Enrique Rubio Polo S.L.U. to collect, automate or hand over, according to each case, details of a personal nature requested from the company, according to the purposes and on the terms described in each case.
- Enrique Rubio Polo S.L.U. has adopted and shall adopt all and any technical and organisational security measures which are compulsory under current legislation and the quality standards existing within the sector, with a view to guaranteeing maximum security and confidentiality of communications. Enrique Rubio Polo S.L.U. guarantees that inspections to avoid any breach of security or other negative consequences exist, adopting the most adequate organisational and technical procedures with a view to minimising such risks. Irrespective of the foregoing, the user acknowledges and accepts that security measures in Internet are not indefeasible. The networks used in Internet are not safe and any communication sent through this means can be intercepted or modified by unauthorised persons. Despite the foregoing, Enrique Rubio Polo S.L.U. hereby warns that the current state of technology does not guarantee non-violation of security systems or the inviolability of communications when these are transported through any telecommunications networks. Hence, Enrique Rubio Polo S.L.U. cannot guarantee the full privacy and safety of the utilisation of the Web Site and its Content and/or Services nor, in particular, that unauthorised third parties may not become aware of the type, conditions, characteristics and circumstances of the use made by users of the Web Site and its Content and/or Services.
INTELLECTUAL, INDUSTRIAL PROPERTY RIGHTS AND OTHERS
- Governing Law This Web Site, as well as its Content, Services and elements, are the property of or fall under the control of Enrique Rubio Polo S.L.U., and are protected, with no limitation whatsoever, by the intellectual property and industrial laws of the kingdom of Spain, and by any applicable international Treaties and Conventions.
- Enrique Rubio Polo S.L.U. Proprietary Rights Enrique Rubio Polo S.L.U. holds exclusive good title to the intellectual property and industrial property rights and any other analogous right inherent to the Web Site. Likewise, Enrique Rubio Polo S.L.U. or any of the companies comprising the Enrique Rubio Polo S.L.U. group of companies reserves the rights over any Content, Services or elements it owns and which are incorporated in the Web Site, including but not limited to:
1. those elements forming the visual appearance, the graphics or illustrated images and other sensorial stimuli on the web pages making up the Web Site;
2. the navigation architecture;
3. the source codes of the Web Site;
6. computer programmes,
7. data bases,
9. logotypes, and
10. distinguishing signs.
All of the foregoing shall be collectively referred to hereinafter as the "Property".
- Property of third parties The user acknowledges and accepts that content and services owned by third parties, whose rights are protected by the applicable legislation in matters concerning intellectual and industrial property rights, rights to exploit the commercial and publicity value of image and other analogous rights, according to each case, are accessible on the Web Site.
- Rights reserved The user undertakes to abstain from withdrawing, removing, manipulating or in any other manner modifying:
- Any notes, legends, indications or symbols which either Enrique Rubio Polo S.L.U. or the legitimate owners of the rights may incorporate in their properties in matters concerning intellectual or industrial property (such as, for example, copyright, ©, ®, and ™, etc.).
- The technical data protection or identification systems which may be contained in the Content (such as, for example, water marks, finger prints, etc.).
- Enrique Rubio Polo S.L.U. solely authorises the user hereby to access and use of the same, in accordance with the terms indicated in these Conditions.
- Enrique Rubio Polo S.L.U. hereby authorises all users to access and navigate the Web Site, using the Services and visualising the Content incorporated therein.
- Users are not authorised to copy, distribute (including electronic mail and Internet), transmit, communicate, modify, alter, transform, transfer or in any other manner display activities entailing the commercial use of the Web Site, its pages, Content or its integrated elements, be this partially or totally, without the express written consent of the legitimate owner of the exploitation rights. Whenever Enrique Rubio Polo S.L.U. so expressly authorises in writing, the user may download one sole copy of the Content. At all events, the licence for use recognised in this point may in no case whatsoever be handed over or transferred to third parties.
- Access, viewing and, if this be the case, downloading of the Content and/or Services shall in each and every case be carried out for strictly personal, and not commercial, purposes.
- Enrique Rubio Polo S.L.U. reserves all rights over the Property, including, but not limited to, all intellectual and industrial property rights it holds over the same. Enrique Rubio Polo S.L.U. grants no licence or authorisation for use whatsoever to the user in respect of its Property other than that expressly detailed in this clause.
- Users and, in general, all those persons who intend to establish a link between their web page and the Web Site, must comply with the conditions listed hereunder. Any intention to establish a link in any manner other than that stipulated in this clause shall require prior written acceptance from Enrique Rubio Polo S.L.U.:
- A user may not reproduce, nor totally or partially imitate, the content of the Web Site nor its illustrated graphic appearance, ("look and feel"), nor may he or she produce frames ("frames") nor assembled links ("link inline") of the Enrique Rubio Polo S.L.U. pages.
- No browser, frame or navigation bar or environment may be created on the Web Site pages.
- No false, inexact, incorrect or denigrating statement may be made in respect of the Web Site, Enrique Rubio Polo S.L.U. or any other Enrique Rubio Polo S.L.U. Property and, in particular, nor shall it be stated or given to be understood that Enrique Rubio Polo S.L.U.. collaborates with or is a collaborating partner of, or has in any other manner supervised or assumed in any way, the content or services offered or placed at the disposal of the web page to which the link is established.
- The web page to which the link is established shall not contain any trade mark, commercial name, notice of establishment, denomination, logotype, slogan or other distinguishing sign which are the property of Enrique Rubio Polo S.L.U., with the exception of those signs forming part of the same link or other Property which held a prior written licence from Enrique Rubio Polo S.L.U.
- The web page to which the link is established shall not contain any information or content which may be illicit or contrary to morals and generally accepted ethical conduct and public order, nor shall it contain any content or services contrary to any third-party rights.
TERMINATION OF LICENCES
- does not comply with the terms and conditions herein specified;
- infringes or violates the intellectual and industrial property rights or other analogous rights of Enrique Rubio Polo S.L.U. or of any other legitimate holder of such rights; or
- infringe any applicable regulation. The user shall be under obligation to immediately modify or withdraw from his or her web page any Property of Enrique Rubio Polo S.L.U., or to withdraw any link to the Web Page when so required by Enrique Rubio Polo S.L.U.
INFRINGEMENT NOTIFICATION PROCEDURE
- Should any user or third party consider that events or circumstances exist which reveal the illicit nature of the utilisation of any content and/or services, or engagement in any illicit activity in the pages included on the Web Site or through the Services rendered, he or she may contact the Legal Department at the registered offices of Enrique Rubio Polo S.L.U. indicated above, facilitating the following information:
- The name, surnames, national identity card number, address, telephone number and electronic mail address of the claimant, as well as, if this be the case, the signature of the holder of the rights supposedly infringed or, should this be the case, of the person authorised to act on his or her behalf and representation.
- Identification of the supposedly illicit activity in question, and, in particular, whenever dealing with a supposed violation of intellectual and industrial property rights, and a precise and detailed description of the content protected, as well as its exact location.
TERM AND MODIFICATION
- The legal relationship deriving from access to and utilisation of the Web Site, as well as the Content and Services incorporated therein, shall have an indefinite life term. Likewise, any of the parties may unilaterally terminate or suspend this contractual relationship at any time, with no more cause than his or her own wish to do so.
- Enrique Rubio Polo S.L.U. may assign, transfer, encumber or subrogate in favour of third parties, totally or partially, the rights and obligations assumed pursuant to the contractual relationship expressed herein, as well as the contractual relationship, to any third party, it being understood hereby that the user grants sufficient authorisation to this effect.
GOVERNING LAW AND JURISDICTION
- The Web Site is operated and controlled by Enrique Rubio Polo S.L.U. from its offices in Spain. Consequently, all and any matters which may derive from access to and/or utilisation of the same shall be understood to be governed and construed in accordance with Spanish legislation.
- Should the user have his or her domicile outside of Spain, Enrique Rubio Polo S.L.U. and the user shall submit to the competent courts and tribunals of the kingdom of Spain, expressly waiving their right to any other jurisdiction.
- For any additional information, suggestion or proposal, please contact firstname.lastname@example.org