1. Holder’s identification
Holder: “ALPHA BOOTIS, S.L” (“EL”)
Social address: Calle Don Ramón de la Cruz, 97. 28006 – Madrid
Records info: Inscrita en el Registro Mercantil de Madrid, tomo 35464, folio 50, inscripción 1, hoja M-637447
Phone: 622 335 121
These general conditions (the “General Conditions”) regulate the access and use by any person (the “User”) of the pages that integrate the web domain http://www.billygoatgarage.com (the “Website”), Ownership of EL, as well as the contents and services included in it.
Notwithstanding the foregoing, access to certain content and use of certain services may be subject to certain specific conditions, which will in any case be clearly shown and must be expressly and previously accepted by Users. These particular conditions may replace, complete or, if necessary, modify these General Conditions.
Access to the Website or its use by the User necessarily implies, implicitly, the submission and acceptance of the General Conditions. Therefore, it is recommended that the User reads them carefully each time it wants to enter the Website.
The fact of accessing the Website and using the materials contained in it implies that the User has read and accepts, implicitly, these General Conditions.
EL reserves the right to make, at any time and without prior notice, any modification or updating of the contents and services, the General Conditions and, in general, any elements that integrate the design and configuration of the Website.
3. Terms of access and use of the Website
The User accesses the Website under its exclusive responsibility, being compelled to the following:
- Make correct use of the Website in accordance with the Law and these General Conditions.
- Not to carry out any action or conduct that could damage the image, interests and rights of EL or third parties.
- Not to carry out any action or conduct that could damage, disable or overload the Website, or in any way prevent the normal use of the Website.
- EL adopts security measures reasonably adequate to detect the existence of viruses. However, the User must be aware that the security measures of the computer systems on the Internet are not entirely reliable and that, therefore, EL can not guarantee the absence of viruses or other elements that may cause alterations, damages or errors in the computer systems (hardware and software) of the User or in its electronic documents and files contained therein nor is responsible for such alterations, damages or errors.
Access to and use of the Website to minors is prohibited. However, in case of access to the Website and registration by a minor, it shall be presumed that access has been made with prior and express authorization of their parents, guardians or legal representatives, without prejudice to that EL reserves the right to carry out any verifications it deems appropriate.
4. Need of registration for the use of certain services
The Website requires for the provision of certain services made available to Users that they make a previous registration, providing, through the forms prepared for such purpose, the registration data that are required as mandatory.
Under no circumstances shall EL be responsible for the veracity of the registration data provided by the Users, so that each one of them will be solely responsible for the possible consequences, errors and failures that could derive from the lack of quality and truthfulness of the data.
5. Intellectual and industrial property rights
All content (the “Contents”), without exclusion and without limitation, that are part of the Website, ie information, articles, data, texts, logos, icons, images, video, audio files, databases and computer applications are owned by EL or are exploited under license from third parties who own the intellectual and/or industrial property rights of the aforementioned contents.
In no case will it be understood that the access, navigation and use of the Website by the User or the use, acquisition and/or contracting of products or services offered through the User implies renunciation, transmission, license or total or partial transfer of said Rights in favor of the user. The user has a right to use the contents and/or services of the Website within a strictly domestic scope, during the use of the Website, and solely for the purpose of enjoying the benefits of the service in accordance with these Conditions General.
References to trademarks or registered trade names or other distinctive signs, whether owned by EL or third parties, imply a prohibition on their use without the express written consent of EL or its legitimate owners. At no time, unless expressly stated otherwise, access, navigation or use of the Website and / or its Content confers to the User any right on any distinctive signs included therein.
All rights of intellectual and industrial property on the Contents and/or services of the Website are reserved and, in particular, it is expressly prohibited to reproduce, transformate, distribute, publicly communicate, to make available, extract, reuse, to forward or any other use of any nature, by any means or procedure, of any of the Contents, except in cases where it is legally permitted or authorized in advance, expressly and in writing by EL or, as the case may be, by the holder of the corresponding rights.
Likewise, it is prohibited to delete or manipulate the indications of copyright or other credits that identify the right holders of the contents that the User finds on the Website, as well as the technical devices of protection, the fingerprints, or any mechanism of protection or information incorporated into the content offered on the Website.
In the event that the User sends information of any kind to EL through any of the channels enabled for the purpose, the User declares, guarantees and accepts that it has the right to do so freely, that said information does not infringe any right of intellectual or industrial ownership, trade secret or any other rights of third parties, and that such information is neither confidential nor harmful to third parties, otherwise assuming any liability derived therefrom.
If the user were aware of the existence of any illicit, illegal, unlawful or otherwise infringing intellectual property and/or industrial property rights, he or she shall immediately notify EL through the email address email@example.com so that it can proceed to the adoption of the appropriate measures.
Likewise, in the event that any User or a third party considers that any of the contents of the Website owned by EL infringes their intellectual and/or industrial property rights, as well as any other rights, they must send a message to firstname.lastname@example.org with the following information:
- Identification data and means of contact of the claimant or its legal representative.
- Documentation proving their status as the holder of the rights allegedly infringed.
- Detailed description of the allegedly infringed rights, as well as their exact location within the Website.
6. Hyperlinks to the Website and links to third party websites
The User and, in general, any individual or legal entity that intends to establish a hyperlink or technical link device from its website to the Website (the “Hyperlink”) must obtain prior written authorization from EL.
The establishment of the Hyperlink does not imply in any case the existence of relations between EL and the owner of the site or the website where the Hyperlink is established, nor the acceptance or approval by EL of its contents or services.
In any case, EL reserves the right to prohibit or disable at any time any Hyperlink, especially in the cases of illegality of the activity or contents of the website in which the Hyperlink is included.
EL declines any responsibility in relation to the contents of the hyperlinks or to the damages or errors that, for any active virus when accessing them or when using them, may suffer the computer systems (hardware and software) of the User.
The Website includes links to other sites or Internet portals owned or managed by third parties (the “Linked Sites”), in regards to those, EL does not approve, supervise or control in any way its contents and services and any material of any nature existing in them, assuming the User in an exclusive way all the responsibility of navigation through them.
Consequently, EL assumes no responsibility for any aspect related to the Linked Site, specifically, for enunciative title and without limitation, its functionality, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
According to this, if the Users have an effective knowledge that the activities developed through the Linked Sites are illegal, and/or contravene morality and/or public order, they must immediately notify EL so they can, in the shortest possible time, disable the access link to them.
Notwithstanding what is established in other sections of these General Conditions, EL shall be exempt from any liability derived from:
- The lack of truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through the Website.
- Decisions taken from the information provided on the Website as well as damages and losses caused by the User or third parties due to actions based solely on the information obtained on the Website.
- The damages or damages produced in the computer equipment (hardware and software) of the Users or of third parties during navigation through the Website.
- The lack of reliability, quality, continuity and functioning of the Website, whose services may be suspended, canceled or inaccessible, prior or simultaneous to the provision of the Website service.
- The harms or damages of any type produced in the User that result in the cause of failures or disconnections in the telecommunication networks that produce the suspension, cancellation or interruption of the service of the Website during the provision of the same or with a previous character.
In any case, EL reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notification, to Users who contravene any of the provisions detailed in these General Conditions, without the possibility of the user to claim compensation for this cause.
8. Protection of personal data
In accordance to the current legislation on the protection of personal data, the data provided by the User will be incorporated for processing to a file duly registered with EL, in order to be able to identify and contact the User, as well as to facilitate the User any information it may request.
The data provided by the User will not be transferred to third parties.
In any case, the User may exercise its rights of access, rectification, opposition and cancellation, which may be exercised, as the case may be, by the person representing it, by means of a written and signed request addressed to the address in the section 1.
Said application must be accompanied by the following information: name and surname of the User, address for purposes of notifications and photocopy of the national identity document or passport. In the case of representation, this must be proved by a reliable document.
9. Applicable legislation and competent jurisdiction
These General Conditions are subject to the common spanish legislation.
For the resolution of any conflict that could derive from access to the Website, the User and EL agree to submit expressly to the courts and tribunals of the city of Valladolid, giving up any other general or special jurisdiction that may correspond to them.