The following terms and conditions govern the access and use of www.filebees.com, through which the company Gestió i Promoció de Serveis Professionals FILEBEE, S.L. (“GPSP FILEBEE, S.L.”) supplies its services.
|Ownership||Gestió i Promoció de Serveis Professionals FILEBEE, S.L.|
|Address||C/ Es Rafal, 107260 Porreres (ILLES BALEARS)|
|Company Registration in Registro Mercantil de Madrid||R. M. Palma de Mallorca tomo 2506, folio 180, hoja PM -70122 inscripción 1.|
- SUBJECT MATTER AND SCOPE OF APPLICATION
- The present Terms and Conditions ("General Conditions") regulate the access, navigation and use of the websites under the domain "filebees.com” (the “Website"), as well as responsibilities arising from the use of its content (“Content”henceforth denoting text, graphs, drawings, designs, codes, software, photographies, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national law and international treaties regarding intellectual and industrial property).
- It is to be understood that access to or mere use of the Website by the User implies his/her adherence to the General Conditions that GPSP FILEBEE, S.L. has published, at any time of access to the Web Site. Consequently, the user must carefully read these General Conditions. In this sense, the term "User" is understood as the person who accesses, uses or participates in the services and activities developed on the Website, whether these are free or paid.
- Additionally, GPSP FILEBEE, S.L. may establish Specific Conditions which govern the use and / or engagement of specific services offered to users through the Web Site. Before using and / or contracting these specific services provided by GPSP FILEBEE, S.L., the User must carefully read the corresponding Specific Conditions created, if the case may be, for such purpose by GPSP FILEBEE, S.L. The use and / or contracting of said specific services implies acceptance of the Specific Conditions that regulate them in the version published by GPSP FILEBEE, S.L. at the time of such use and / or engagement.
- Access to the Website by users is free of charge in its nature, however, some of the services and contents offered by GPSP FILEBEE, SL or third parties through the Website may be subject to prior engagement of the service or product and to the payment of a sum of money in the manner set out in the corresponding Specific Conditions, in which case these will be clearly made available.
- The contracting of goods and services through the Web Site by minors is prohibited, these needing to obtain duly and previously their parents', tutors' or legal guardians' consent, these being considered responsible for the actions of the minors in their care, according to current regulation.
- USE OF THE WEBSITE
- The content of the Website is provided only to consumers or end users. Any unauthorised commercial use of this or its resale is prohibited, except with the prior written permission of GPSP FILEBEE, S.L.
- If in order to use and / or contract a service on the Website, the User is required to register, he will be responsible for providing truthful and lawful information. If following registration, the user is provided with a password, he agrees to diligent use and to keep the password for to access these services secret. Consequently, users are responsible for the adequate custody and confidentiality of any identifiers and / or passwords supplied by GPSP FILEBEE, S.L., and agree not to transfer their use to third parties, either temporarily or permanently, nor to allow access to outside parties. The misuse of the services by any illegitimate third party using a password for this purpose as a result of careless use or loss thereof by the User, will be the User's responsibility.
- Subsequently, it is the user's obligation to immediately notify the management of the website regarding any fact that may allow for the improper use of IDs and / or passwords, such as theft, loss or unauthorised access to these, in order to proceed to their immediate cancellation. As long as these facts are not communicated, GPSP FILEBEE, SL shall be exempted from any liability that may arise from misuse of IDs or passwords by unauthorised third parties.
- Access, navigation and use of the Website is the responsibility of the user, meaning the user also agrees to diligently and faithfully follow any additional instructions provided by GPSP FILEBEE, S.L. or by authorised FILEBEE GPSP, S.L. personnel concerning the use of the Website and its contents.
- Therefore, the User agrees to use the contents diligently, correctly and lawfully and, in particular, commits to refraining from:
- using the contents for purposes that are contrary to law, morality and generally accepted good customs or public order;
- reproducing, copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, unless he/she has permission from the copyright holder or it should be legally permitted;
- using the contents and, in particular, information of any kind obtained through the website or services in order to send advertising, communications for direct marketing or selling purposes or for any other commercial purpose, unsolicited messages addressed to any number of people regardless of their purpose, as well as to refrain from selling or otherwise disclose such information.
- DATA OF A PERSONAL NATURE
In order to use or access any of the content and / or services incorporated in the Website, GPSP FILEBEE, S.L. may require users to fill out certain registration forms which necessarily entail the provision of certain personal data.
GPSP FILEBEE, S.L. will treat such data in accordance with the purposes and under the conditions relating to each such case. By completing and submitting any form incorporated in the Website, the User agrees and expressly consents to GPSP FILEBEE, SL collect, treat or relinquish, as applicable, the personal data requested in accordance with the purposes and under the conditions relating to each such case.
- Security Measures
GPSP FILEBEE, S.L. has taken and will take all appropriate technical and organizational security measures that are required, in accordance with the provisions of the current legislation and existing quality standards in the sector, in order to ensure maximum security and confidentiality of communication.
GPSP FILEBEE, S.L. agrees to comply with the duty of secrecy and confidentiality relevant to personal data contained in the automated archive, in accordance with applicable law.
The latter notwithstanding, the User acknowledges and agree that (i) the Internet security measures are not impenetrable, (ii) the Internet networks used are not secure and (iii) any communication sent by this means may be intercepted or modified by unauthorised persons.
- Right to access, rectification, cancellation and opposition The User can exercise rights of access, cancellation and opposition by contacting Data Protection by mail or electronic mail "firstname.lastname@example.org", the address included in the present Terms & Conditions.
- Consent In order to use or access any of the content and / or services incorporated in the Website, GPSP FILEBEE, S.L. may require users to fill out certain registration forms which necessarily entail the provision of certain personal data.
- BULLETIN AND ELECTRONIC COMMUNICATIONS
- GPSP FILEBEE, S.L. may make available to users who previously have authorised this through the registration form for this purpose, the newsletter service which includes news, most relevant news and information Website. Also, Users may unsubscribe or change their subscription to this newsletter by filling out the interactive form available on the Website.
- GPSP FILEBEE, S.L. states that it will send commercial notifications electronically with information about other products, services and events, both its own and of its sponsors, which may be of interest to users of the Website if asked to do so. This consent may be revoked at any time by the user.
- COOKIES AND IPs
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
- GPSP FILEBEE, S.L. owns the exploitation rights for the intellectual and industrial property of the Website and is also the owner or has the appropriate license for intellectual, industrial and image property rights of the content available through it.
- Under no circumstances shall the access to and navigation of the User involve a waiver, transmission, license or transfer of all or part of such rights by FILEBEE GPSP, S.L.
- It is therefore not allowed to remove, evade or manipulate the copyright notice ("copyright") and any other data identifying the rights of GPSP FILEBEE, S.L. or its owners, that is included in the content, as well as technical protection devices, digital fingerprints or any information and / or identification mechanisms that might be contained in the contents.
- It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, post, transmit, use, process or distribute in any way, all or part of the contents in Website for public or commercial purposes, if one does not have the express written permission of GPSP FILEBEE, S.L. or, if the case may be, the holder of the corresponding rights.
- COMMUNICATION LICENCE
- In the event that the User sends any information to the Website, he himself declares, guarantees and accepts that he is entitled to do so freely, that such information does not infringe any intellectual property right, trademark, patent, trade secret or any other third party right, that said information is not confidential in nature and that such information is not damaging to third parties.
- The User acknowledges accepting the responsibility and will leave GPSP FILEBEE S.L. unharmed, for any communication provided personally or in his name, said liability satisfying without any limitation the accuracy, legality, originality and ownership of it.
- La acceptance of these Terms and Conditions means the exclusive transfer by the User of any exploitation right for intellectual or industrial property that the User may bear on communications made through the Web Site or to GPSP FILEBEE, S.L..
- RESPONSIBILITIES AND GUARANTIES
- GPSP FILEBEE, S.L. does not guarantee the legality, reliability, usability, veracity or accuracy of the services or information provided through the Website.
- Therefore GPSP FILEBEE, S.L. does not guarantee nor take responsibility for: (i) the continuity of the Website’s content (ii) the absence of errors of said content or correcting any defects that may occur, (iii) the absence of viruses and / or other harmful components in the Website or the server that powers it, (iv) the invulnerability of the Website and / or the impregnability of the security measures taken in it, (v) the lack of usefulness or performance of the contents of the Website, (vi) the loss or damage caused, to a third party also, by any person who might breach the conditions, regulations and instructions which FILEBEE GPSP, S.L. states on the Website or through the violation of the security systems of the Website.
- Nevertheless, GPSP FILEBEE, S.L. declares that it has taken all necessary measures, within its capabilities and state of technology, to ensure the operation of the Website and avoid the existence and transmission of viruses and other harmful components to Users.
- Links to other websites
On the Website, the User will find links to other web pages via buttons, links, banners, etc., which are managed by third parties. GPSP FILEBEE, S.L. does not have the power or human or technical resources to know, control or endorse any information, content, products or services provided by other web sites, to which links from the Website lead. Consequently, GPSP FILEBEE, S.L. can not take responsibility for any aspect relating to the website to which a link from the Website leads, in particular, including but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents in general.
The establishment of any kind of link by the Website to another outside website does not imply the existence of any kind of relationship, collaboration or dependence between FILEBEE GPSP, S.L. and the party responsible for that website.
- Links on other websites directing to the Website
If any User, entity or website wishes to establish some kind of link to the Website, he/she must comply with the following stipulations:
- The link will only be allowed to be made to the Main Page or Home of the Website, unless expressly authorised in writing by FILEBEE GPSP, S.L.
- The link must be absolute and complete, that is, it must take the user, through a click, to the URL address of GPSP FILEBEE, S.L. http://www.filebees.com and must include the full extent of the Home screen of the Website. Under no circumstance, unless GPSP FILEBEE, S.L. has expressly authorised this in writing, may the website providing the link reproduce in any manner, the Website, include it as part of its website or in one of their "frames", or create a "browser" for any of the Website’s pages.
- On the site establishing the link, it will not be allowed to declare in any way that GPSP FILEBEE, S.L. has authorised this link, unless GPSP FILEBEE, S.L. has done so expressly and in writing. If the entity making the link from its site to the Website correctly wishes to include on its site, the brand name, title, trade name, label, logo, slogan or other identifying element of GPSP FILEBEE, S.L. and / or the Website, it must previously possess express permission in writing.
- GPSP FILEBEE, S.L. does not authorise the establishment of a link to the Website from those web sites containing material, information or content that is illicit, illegal, degrading, obscene and, in general, that contravene morality, public order or generally accepted social norms.
- Links to other websites On the Website, the User will find links to other web pages via buttons, links, banners, etc., which are managed by third parties. GPSP FILEBEE, S.L. does not have the power or human or technical resources to know, control or endorse any information, content, products or services provided by other web sites, to which links from the Website lead. Consequently, GPSP FILEBEE, S.L. can not take responsibility for any aspect relating to the website to which a link from the Website leads, in particular, including but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents in general.
- SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE
- Additionally, through the Website, GPSP FILEBEE, S.L. will be able to allow third parties to advertise or provide their services. In these cases, GPSP FILEBEE, S.L. will not be responsible for establishing the Specific and General Conditions to consider for the use, provision or procurement of such services by third parties and therefore can not be held responsible for them.
- GPSP FILEBEE, S.L. does not guarantee the legality, reliability and usefulness of the services provided by third parties through this site or in relation to which GPSP FILEBEE, S.L. only acts as an advertising channel.
- GPSP FILEBEE, S.L. will not be liable for losses or damages of any kind caused by the services provided by third parties through this website, and in particular yet merely as an example, those caused by:
- breach of the law, morality or public order;
- incorporation of viruses or any other computer code, files or programs that may damage, interrupt or prevent the normal functioning of any software, hardware or telecommunications equipment;
- the infringement of the intellectual and industrial property rights, trade secrets, contractual commitments of any kind;
- performing of acts that constitute unlawful, unfair or deceptive advertising and generally those that constitute unfair competition;
- lack of truthfulness, accuracy, quality, relevance and / or up-to-date nature of the content transmitted, distributed, stored, received, obtained, made available or accessible;
- infringement of the rights to honor, personal and family privacy, and to image of persons or, in general, any third party rights;
- unsuitability for any sort of purpose and fulfillment of generated expectations, or the shortcomings and defects that may arise in the relationship third;
- failure, delay in performance, defective performance or termination for any reason of the obligations taken on by third parties and contracts with third parties.
- DURATION AND MODIFICATION
- GPSP FILEBEE, S.L. may modify the terms and conditions set out here, entirely or partially, publishing any change in the same way these General Conditions or through any type of notification aimed towards Users.
- The validity of these General Conditions coincides therefore with the time of exposure, until they are modified entirely or partially, at which time the modified General Conditions shall come into force.
- Irrespective of the provisions, if any, in the Special Conditions, GPSP FILEBEE, S.L. may terminate, suspend or discontinue at any time without need for prior notice, access to the contents of the page, without the possibility for the User to demand compensation. Upon such termination, the previously established prohibitions regarding content use in the present General Conditions shall remain in place.
- GENERAL CONCEPTS
- The separate clause headings are for information only and shall not affect, qualify or extend the interpretation of the General Conditions.
- In case of a conflict between the provisions of these General Conditions and those of the Specific Conditions for each specific service, the latter ones shall prevail.
- In the case that any provision or provisions of these general conditions were considered or rendered void or non-applicable or unenforceable, entirely or partially, by any court, tribunal or competent administrative body, said invalidity shall not affect the other provisions of the General Conditions nor the Special Conditions of the different services of FILEBEE GPSP, S.L.
- The non-exercise or non-enforcement by FILEBEE GPSP, S.L. of any right or provision included in these Terms shall not constitute a waiver thereof, unless expressly declared and agreed in writing on its part.
- The relations established between FILEBEE GPSP, S.L. and the User shall be governed by the provisions of the current regulations regarding applicable legislation and jurisdiction. However, for cases in which the rules provide the opportunity to the parties, to submit to a jurisdiction, GPSP FILEBEE, S.L. and the User, expressly waiving any other possibly applicable jurisdiction, submit to the Courts and Tribunals of the city of Palma de Mallorca.