III. GENERAL TERMS AND CONDITIONS OF USE OF THE CARL COX WEBSITE
- GENERAL INFORMATION
The terms and conditions indicated below (hereinafter, the “General Terms and Conditions”), control the access, login, navigation, downloading and use of each and every one of the websites and functionalities. localisable or accessible through the main domain www.carlcox.com and its respective subdomains and subdirectories implemented byCARL COX OFFICIAL. (hereinafter, indistinctly referred to as the “COMPANY” or “CARL COX”) and/or or by any of the existing or future companies forming part of CARL COX OFFICIAL comprising all the activities, events, services, materials and products of the CARL COX group
In accordance with the provisions of Article 10 of Spanish Act 34/2002, of 11th July, on Information Society Services and Electronic Commerce, the aforementioned companies forming part of the CARL COX GROUP shall place the following registry information of the website’s owner at its USERS’ disposal:
- Company name: CARL COX
- Registered address: C/ATENES 30, SAN JORDI SES SALINAS, IBIZA 07187
- Contact: You can contact CARL COX OFFICIAL at its registered address C/ Atenes 30, San Jordi Ses Salinas Ibiza )or at the following email address: email@example.com
BY ACCESSING, VIEWING OR USING THE MATERIALS, SERVICES OR ACTIVITIES ACCESSIBLE IN OR THROUGH WE ARE CARL COX OFFICIAL’S WEBSITE OR OTHER RELATED WEBSITES OR COMPUTER APPLICATIONS, THE USER CONFIRMS THAT HE OR SHE UNDERSTANDS AND ACCEPTS THESE “GENERAL TERMS AND CONDITIONS” AS THE LEGAL EQUIVALENT OF A WRITTEN, SIGNED AND BINDING DOCUMENT. IN ADDITION, THE USER UNDERTAKES THE OBLIGATION TO: (I) DO NOT USE THE WEBSITE AND THE SERVICES PROVIDED WITHIN WE ARE CARLCOX’S WEBSITE FOR CARRYING OUT ACTIVITIES FORBIDDEN OR RESTRICTED BY THE LAW AND (II) TO COMPLY AT ALL TIMES WITH THE PRESENT GENERAL TERMS AND CONDITIONS.
- PROTECTION OF PERSONAL DATA AND/OR INFORMATION OF USERS (i) Data Protection
The COMPANY guarantees the protection and confidentiality of personal data provided by the USER or any supplier representing the USER and/or by any client of the COMPANY via the COMPANY’s WEBSITE.
All of the data provided by the USER or any supplier representing the USER and/or by any client of the COMPANY via the COMPANY’s WEBSITE to CARL COX OFFICIAL and/or to its employees, will be included in an automatic database of personal information created by and maintained under the responsibility of CARL COX OFFICIAL
The main purpose of the aforementioned COMPANY’s database is to maintain a sales relationship with our clients, the production of statistical studies as well as the sending of newsletters and advertising related to the commercialized products, services, activities and/or events. To that effect, the USER is informed that by registering or filling out his or her personal data and/or information on the COMPANY’s WEBSITE (www.carlcox.com), he or she automatically cedes such data and/or information to the COMPANY andCARL COX OFFICIAL, who will treat such USER’s data and/or information in compliance with the above mentioned purposes and respecting at all times the General Data Protection Regulation (“GDPR”) and any applicable regulations and/or best practices regarding data protection in force.
Furthermore, in compliance with Article 5 of Spanish Act 15/1999, of 13th December, on the Protection of Personal Data (Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal) (“LOPD”), and Articles 21 and 22 of Spanish Act 34/2002, of 11th July, on Information Society Services and Electronic Commerce (Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico) (“LSSI”), the COMPANY inform the USER that its data will be processed in the files of the COMPANY and/or, when applicable, ofCARL COX OFFICIAL, and may be used for the sending of advertising or promotional communications by email or by any other equivalent electronic media.
Notwithstanding the foregoing, in any event, the USER will be entitled to exercise its rights of access, rectification, cancellation and opposition: (i) by regular post at the following address: C ATENES 30, SAN JORDI SES SALINAS, IBIZA, Spain, attaching a photocopy of the USER’s ID, or (ii) by email to the following address: firstname.lastname@example.org.
In case that the USER has the intention to oppose or reject the receipt of advertising or promotional communications by email or by any other equivalent electronic media, he or she may send an email message with the subject “UNSUBSCRIBE COMMERCIAL E-MAIL”, to the following address: email@example.com.
(ii)Other information regarding the protection of the USERS’ information
The COMPANY and CARL COX OFFICIAL agree to comply with the applicable regulations regarding (i) data protection services and (ii) the information society and electronic commerce. For such purpose, the COMPANY informs USERS of the following:
- All of the confidential information which may be sent by the USER of the COMPANY’s WEBSITE at the time of purchasing and/or booking in the COMPANY’s WEBSITE will be encrypted and thus protected from any malicious access by third parties.
- Any credit card information and/or any other sensitive information provided by the USER via the COMPANY’s WEBSITE will be duly protected by the COMPANY and/or, when applicable, CARL COX OFFICIAL, through the implementation of means which shall ensure the security and proper treatment of such USER’s data and/or information.
(iii) Commercial newsletters
Any USER may subscribe to the CARL COX OFFICIAL newsletter at the COMPANY’S WEBSITE with the purpose of being updated on the latest news, activities, services and/or activities provided by the COMPANY and/or CARL COX OFFICIAL
If you are registered to the newsletter you will receive information and promotions related with. CARL COX OFFICIALHowever, at any time, the USER may be able (i) to manage his or her subscriptions and (ii) to unsubscribe himself or herself from the CARL COX OFFICIAL newsletter and/or mailing list at any time by sending an email to the following email address: firstname.lastname@example.org, or through the “UNSUBSCRIBE” feature included at the bottom of each commercial email message sent by the COMPANY and/or CARL COX OFFICIAL
Access, login, navigation, uploading, downloading and/or use of certain materials, services and/or activities addressed to legal adults and available for the USERS at the COMPANY’S WEBSITE, shall be strictly prohibited to minors (it being understood as people under 18 years of age) with regard to the contents, events, parties and/or activities that may be legally forbidden to minors
- GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE AND THE CONTENTS
The COMPANY WEBSITE has been created with the following purposes: (i) to make the corporate activities information available to any user or interested third parties; (ii) to make possible for them to contact CARL COX OFFICIALand/or any other companies or entities forming part of CARL COX OFFICIALin order to require additional information; and (iii) to make available to the users the possibility to purchase the products offered. The requirement of services or articles offered for its sale in the website will be ruled by the general conditions for specific contracting.
Access and use of the COMPANY’s WEBSITE shall be subject to these General Terms and Conditions. The use of the COMPANY’s WEBSITE owned byCARL COX OFFICIAL attributes user status and implies the user’s full and unreserved acceptance of all the General Terms and Conditions applicable whenever the USER logs in thereto. The COMPANY reserves the right to modify or amend these General Terms and Conditions at any time. Any change or amendment made to these General Terms and Conditions that can affect the USER’S rights shall be communicated in the COMPANY’s WEBSITE property thereof during the first week subsequent to the implementation of said change or amendment. In addition to this notice that will inform you of said change or amendment, we suggest that you review these General Terms and Conditions periodically to stay abreast of any modification made thereto. On accessing the COMPANY’s WEBSITE property of the sCARL COX OFFICIAL ubsequently to the publication of the notice of said changes or amendments, alterations or updates, you are accepting the fulfilment of the new terms and conditions. USERS are aware that access to and use of the COMPANY’s WEBSITE is performed under their sole and exclusive responsibility.
Some services of the COMPANY’s WEBSITE and/or any other web pages property of may be subject to particular terms and conditions, rules and instructions which, as the case may be, replace, CARL COX OFFICIALcomplete and/or modify these General Terms and Conditions, which must be accepted by the USER before using the COMPANY’s WEBSITE. The provision of the service at the USER’S request through the COMPANY’s WEBSITE implies the express acceptance of the applicable Particular Terms and Conditions. These General Terms and Conditions and Particular Terms and Conditions are independent documents to the General or Particular terms and conditions applicable to particular purchases or services, which may be applicable in each case in accordance with the type of service contracted by CARL COX OFFICIAL
The expression “COMPANY’s WEBSITE” comprises, in an illustrative and non-limiting manner, all the content, data, graphics, texts, logos, trademarks, software, pictures, animations, musical creations, videos, sounds, drawings, photographs, expressions and information and other elements included therein and, in general, all the creations expressed by any means or medium, tangible or intangible, regardless of whether they are susceptible or not susceptible to intellectual property in accordance with the Consolidated Text of the Spanish Intellectual Property Law.
These General Terms and Conditions and the Particular Terms and Conditions that can be applied with advance notice in particular cases are expressly accepted without reservation by the USER for merely accessing the COMPANY’s WEBSITE and using the materials, services and activities of the COMPANY’s WEBSITE in any manner. When access to and use of certain materials services and/or activities of the COMPANY’s WEBSITE is subject to Particular Terms and Conditions, the USER shall be informed of said General Terms and Conditions and, as the case may be, shall replace, complete and/or modify the General Terms and Conditions set forth herein. Access to and use of said materials, services and/or activities subject to
Particular Terms and Conditions shall therefore imply full compliance with the Particular Terms and Conditions that regulate them in the version published at the time the USER accesses them, said Particular Terms and Conditions being automatically incorporated to these General Terms and Conditions. In the event of contradiction between the terms and conditions expressed in these General Terms and Conditions and the Particular Terms and Conditions, the terms agreed in the Particular Terms and Conditions shall prevail in all cases and at all times, although only as regards the incompatible provisions and only with respect to those materials, services and/or activities of the COMPANY’s WEBSITE subject to said Particular regulation. CARL COX OFFICIALmay modify, unilaterally and without notice, the provision, configuration, content and services of the COMPANY’s WEBSITE and the General Terms and Conditions thereof. If these General Terms and Conditions were replaced by others fully or partially, said new General Terms and Conditions or, where applicable, Particular Terms and Conditions, shall be understood to be accepted in the same manner as those set forth herein. However, COMPANY’s WEBSITE USERS must periodically review these General Terms and Conditions and the Particular Terms and Conditions of the COMPANY’s WEBSITE services they use in order to stay abreast of any updates. Should the USER not accept these General Terms and Conditions or the Particular Terms and Conditions, the USER must abstain from accessing the COMPANY’s WEBSITE or, in the case of being already logged in, close the session.
USERS shall establish the appropriate technical security measures to avoid unwanted actions in their information systems, files and computer equipment used to access the Internet and, particularly, the COMPANY’s WEBSITE, being aware that the Internet is not a completely secure environment. In general, the services, materials and/or activities offered through the COMPANY’s WEBSITE shall be available in ENGLISH, although the COMPANY may discretionally present said services, materials and/or activities in other languages. The cost of the telephone access or other type of cost required to access the COMPANY’s WEBSITE shall be borne exclusively by the USER.
- USER LIABILITY FOR THE USE OF THE COMPANY’s WEBSITE
USERS shall in no case modify or delete the COMPANY’s identification details. USERS may only access the services, materials and/or activities of the COMPANY’s WEBSITE through the means or procedures placed at their disposal for such purpose in the COMPANY’s WEBSITE itself or which are normally used on the Internet for such purpose, provided that they do not violate intellectual/industrial property rights or imply any kind of damage to the COMPANY’s WEBSITE or to its information or to the services offered.
USERS undertake to use the services, the information and materials of the COMPANY’s WEBSITE in accordance with the law and with these General Terms and Conditions. In no case shall the use of the COMPANY’s WEBSITE by USERS infringe the current legislation, morality, good practices and public order, and shall use the services, information and materials of the COMPANY’s WEBSITE in a correct and lawful manner at all times.
Likewise, the USER guarantees that it has the necessary representation capacity to act with respect to oCARL COX OFFICIALn behalf of the company they represent, and to assume rights and obligations on behalf of said company, holding the CARL COX OFFICIALharmless and exempt from liability for any damages and losses caused by the cancellation or termination of the acts performed through the COMPANY’s WEBSITE.
The USER shall:
(i) Provide the necessary data to sign up on the COMPANY’s WEBSITE and ensure the proper functioning thereof, as well as keeping said data updated, communicating any change therein in the shortest possible time.
(ii)Guarantee the authenticity of the data provided upon completing the necessary forms to subscribe to the services. Likewise, the USER and the supplier he or she represents shall be solely responsible for the damages and losses caused to CARL COX OFFICIALas a result of inaccurate or false statements.
Fulfil his or her commitments with respect to the information sent via the COMPANY’s WEBSITE. In the event that the USER or the supplier that he or she represents does not demonstrate the necessary commercial diligence or does not fulfil the obligations acquired, the COMPANY reserves the right to temporarily or permanently exclude them from the COMPANY’s WEBSITE.
Accept the Particular Terms and Conditions with respect to certain services, as determined in these General Terms and Conditions or, where applicable, in the Particular Terms and Conditions of said services.
(v) Use the services, materials and/or activities of the COMPANY’s WEBSITE for exclusively professional use, within the scope of its activity.
(vi) Guarantee that the bookings and service proposals uploaded into the COMPANY’s WEBSITE are given the same consideration and validity as bookings and service proposals sent via traditional means.
(vii) Make proper and lawful use of the COMPANY’s WEBSITE, in accordance with current legislation, morality, good practices and public order.
Under no circumstances, USERS shall not perform the following activities:
(i) Disseminate content or propaganda of a nature that is pornographic, obscene, denigratory or incites or promotes the commitment of criminal, violent, defamatory or degrading acts on the grounds of age, religion or beliefs; or that directly or indirectly encourages, promotes or incites terrorism or that is of a nature that is contrary to human rights and the basic rights and freedoms of third parties, to current legislation, morality, good practices and public order, or with injurious intentions that could in any manner prejudice, damage or prevent access thereto, to the detriment of the COMPANY or third parties.
(ii) Perform acts contrary to the intellectual and/or industrial property rights of their legitimate owners.
(iii) Cause damage to the COMPANY’s computer systems, those of its suppliers or third parties and/or introduce or disseminate computer viruses, malicious code or software or other type of systems that could cause damage or alterations in computer systems, or unauthorised alteration of the contents, programs or systems accessible through the materials or services of the COMPANY’s WEBSITE, or in the information systems, files and computer equipment of the USERS thereof, or the unauthorised access to any materials and services of the COMPANY’s WEBSITE.
(iv) Transmit advertising via any means, particularly via electronic messages, when the remittance of said advertising has not been authorised by the recipient.
(v) Use the COMPANY’s WEBSITE, wholly or in part, to promote, sell, contract, disseminate proprietary or third-party advertising or information without the COMPANY’s prior written authorisation, in relation to products, services and/or activities other than those offered by the USER to the COMPANY, or include hyperlinks on their private or commercial websites to the COMPANY’s WEBSITE without the express authorisation of the COMPANY.
(vi)Use the services, materials and/or services offered through the COMPANY’s WEBSITE in a manner contrary to the General Terms and Conditions and/or Particular Terms and Conditions that control the use of a certain service and/or content, to the detriment of or undermining the rights of other users.
(vii) Delete or modify in any way the protection or identification devices of the COMPANY or its legitimate owners contained in the COMPANY’s WEBSITE, or the symbols, logos or trademarks that the COMPANY or third parties that legitimately own the rights thereto incorporate in their creation and may be subject to intellectual or industrial property.
(viii) Include, without the COMPANY’s prior written authorisation, “meta tags” corresponding to trademarks, logos, commercial names or distinctive signs property of the COMPANY or of any of the companies of CARL COX OFFICIALon web pages controlled or owned by unauthorised third parties. Or use trademarks, logos, commercial names or any other identifying sign that is subject to intellectual or industrial property rights, without the prior express written authorisation of their legitimate owner.
Reproduce, wholly or in part, copy, distribute, rent, transform or grant public access to, through any public communication medium, the materials and information contained in the COMPANY’s WEBSITE, or include them in a different website without the COMPANY’s prior written authorisation.
(x) Include, in a website owned or controlled by the COMPANY, a hyperlink that generates a window or session of the navigation software used by a USER of said website, in which proprietary trademarks, commercial names or distinctive signs are included and wherethrough the COMPANY’s WEBSITE is shown.
USERS shall be liable to the COMPANY, or third parties, for any damages or losses of any kind arising from the direct or indirect nonfulfillment of or noncompliance with these General Terms and Conditions. The COMPANY shall ensure compliance with the current legal system at all times and reserves the right to fully or partially refuse, at its sole discretion, at any time and without prior notice, access to any user to the COMPANY’s WEBSITE if one or several of the circumstances described in this clause are fulfilled.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
All the materials, information and/or services contained in the COMPANY’s WEBSITE shall be subject to current intellectual and/or industrial property legislation. Rights over materials, services, events, and other elements displayed on the COMPANY’s WEBSITE (including, for merely illustrative and non-limiting purposes, drawings, texts, graphics, photographs, audio, video, software, distinctive signs, etc.) are the property of the COMPANY and, when applicable, of any of the companies forming part of CARL COX OFFICIAL and/or, as the case may be, to third parties who have consented to the transfer thereof to the COMPANY or toCARL COX OFFICIAL. Likewise, the COMPANY and, when applicable, WE ARE FANFARE is the owner of the proprietary logos, commercial names, domains and trademarks. The materials, information and/or services uploaded into the COMPANY’s WEBSITE (photographs, audio, video, etc.) shall respect image and intellectual property rights (if any). The USER shall be solely responsible for any claim filed against the COMPANY as a result of the use and dissemination of said materials, information and/or services.
Access, navigation, use, uploading and/or downloading of materials and/or use of the services or activities contained in the COMPANY’s WEBSITE by the USER shall in no case be deemed to be a waiver, transmission, licence or total or partial transfer of the aforementioned rights by the COMPANY, and, when applicable, byCARL COX OFFICIAL and/or, as the case may be, by the owner of the corresponding rights. Consequently, users shall not delete, ignore or manipulate the copyright warning and any other data identifying the rights of the COMPANY, CARL COX OFFICIALand/or its respective owners incorporated to the contents, services and/or activities, as well as the technical protection devices or any information and/or identification mechanisms that may be contained therein. In particular, the use of any materials or elements of the COMPANY’s WEBSITE for total or partial inclusion thereof in other websites outside of the COMPANY’s WEBSITE is strictly prohibited without the prior written authorisation of the owners of the COMPANY’s WEBSITE.
References to commercial or registered names and trademarks, logos or other distinctive signs, whether owned by the COMPANY, by CARL COX OFFICIALand/or third- party companies, is implicitly prohibited without the consent of the COMPANY, of CARL COX OFFICIALand/or their legitimate owners. In no case, unless expressly stated otherwise, shall the access to or use of the COMPANY’s WEBSITE confer any rights on the USER over the trademarks, logos and/or distinctive signs included therein and protected by law.
All intellectual and/or property rights are reserved and, in particular, modifying, fixing, copying, reusing, exploiting in any way, reproducing, transforming, dubbing, subtitling, transferring, selling, renting, lending, publishing, making second or subsequent publications, uploading files, sending by email, transmitting, using, processing or distributing in any way all or part of the contents, elements and products, where applicable, included in the COMPANY’s WEBSITE for public or commercial purposes other than those that are the object of the provision by the USER to the COMPANY is strictly prohibited without the express written authorisation of the COMPANY or, as the case may be, the corresponding rights owner. If the action or omission, fault or negligence directly or indirectly attributable to the COMPANY’s WEBSITE USER that gives rise to the infringement of the intellectual and industrial property rights of the COMPANY,CARL COX OFFICIAL and/or third parties, gives rise to damage, losses, joint and several obligations, costs of any nature, penalties, coercive measures, fines and other amounts arising from any claim, demand, action, lawsuit or proceeding, whether civil, criminal or administrative, the COMPANY or, when applicable, CARL COX OFFICIALshall be entitled to bring legal action against said user and claim any indemnity amounts, moral damages or damage to its reputation, consequential damages and loss of profit, advertising or any other costs by way of compensation, arising from penalties or judgments, late payment interests, cost of financing the total sum of the damages caused to the COMPANY, CARL COX OFFICIAL and/or third parties, legal and defence costs (including prosecutors and lawyers) in any proceedings in which the COMPANY and/or CARL COX OFFICIALis sued for the previously expounded reasons, for the damages and losses arising from wrongful action or omission, notwithstanding the right to take any other action to which the COMPANY is entitled. Any claims that could be filed by the USER in relation to possible infringements of the intellectual or industrial property rights relating to the COMPANY, CARL COX OFFICIALand/or third parties who have consented to the transfer thereof to the COMPANY or toCARL COX OFFICIAL shall be addressed to the COMPANY’s Legal Advisory Department, located for this purposes at C/ Atenas 30, San Jordi ses Salinas, Ibiza, Spain.
- INFORMATION AND ELEMENTS OF THE COMPANY’s WEBSITE (i) Company’s corporate information
The USER is aware of and accepts that any data relating to the COMPANY, to CARL COX OFFICIALor to any of the companies comprising said business group of an economic, financial and/or strategic nature (hereinafter, “Corporate Information“) is provided solely for information purposes. The Corporate Information has been obtained from reliable sources. However, despite having taken reasonable measures to ensure that said information is truthful, actual and can reveal the COMPANY’s corporate results, the COMPANY does not declare or guarantee that it is accurate, comprehensive or updated, and should not be relied upon in absolute terms. The Corporate Information that can be found in the COMPANY’s WEBSITE does not imply any kind of recommendation or investment and shall not be considered as such, or financial assessment of any kind, and no part of its content shall be taken as a basis for carrying out investments or making corporate decisions of any kind.
(ii)Information provided or published by USERS and/or third parties
The COMPANY’s WEBSITE may include information or contents provided by sources other than the COMPANY, including information provided by the USERS of the COMPANY’s WEBSITE themselves. The COMPANY does not guarantee or assume any responsibility for the accuracy, integrity or exactness of such information and/or contents.
USERS shall not introduce, store or disseminate, through the COMPANY’s WEBSITE, any content or material that infringes intellectual or industrial property rights or, in general, any content which they do not have the right, pursuant to law, to reproduce, distribute, adapt, copy, fix or make it available to third parties. Information shall be understood to be elements or contents received by the USER in the COMPANY’s WEBSITE, those received by any means, whether comments, suggestions or ideas, including those containing videos, texts, photographs, images, audio, software, etc. Said contents shall be considered to be transferred to the COMPANY free of charge, for the maximum time allowed and for everyone, and can be updated by the COMPANY within the limits established by the applicable legislation, there being no applicable obligation of confidentiality in relation to said contents or information, except the USER’S proprietary information or its supplier’s proprietary information. The authorisation for the COMPANY to use the USER’S brand image, without compensation, for commercial purposes is understood to be included in this transfer.
Due to the large amount of material that can be housed in the COMPANY’s WEBSITE, it is impossible for the COMPANY to verify the originality or non- infringement of third-party rights over the contents supplied by the USER, who shall be ultimately responsible for all the effects of the infringements that could eventually be committed as a result of supplying said information.
The COMPANY may modify the materials supplied by the USERS in order to adapt them to the formatting requirements of the COMPANY’s WEBSITE.
The COMPANY is not responsible for the use made by the USER of the contents housed in the COMPANY’s WEBSITE. Neither will it be responsible for controlling whether the contents infringe or do not infringe the rights mentioned in the preceding paragraphs.