LEGAL WARNING
LEGAL WARNING
The website www.winable.es (hereinafter, the “Website”) is owned by JOSÉ LUIS BAÑOS RAMÍREZ (hereinafter, “WINABLE”), with registered office at Calle Diego Fernández Herrera, Nº18 - 4ºD, 11401 Jerez de la Frontera (Cádiz) and NIF 50617530G. WINABLE welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the "General Conditions of Use") that describe the terms and conditions that will be applicable to your browsing, in accordance with the provisions of the applicable Spanish regulations. Since WINABLE may modify these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made. In order that the use of the Website conforms to criteria of transparency, clarity and simplicity, WINABLE informs the User that any suggestion, question or query about the General Conditions of Use will be received and resolved by contacting WINABLE via email : info@winable.es 1. OBJETO WINABLE provides the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on the processing of personal data (hereinafter, the "Policy Data Protection ”). Access to this Website or its use in any way gives it the status of "User" and implies the unreserved acceptance of each and every one of these General Conditions of Use, WINABLE reserving the right to modify them at any time. Consequently, it will be the responsibility of all Users, the careful reading of the General Conditions of Use in force on each of the occasions on which they access this Website, so if they do not agree with any of the same herein, You must refrain from using this Website. Likewise, you are warned that, on occasions, particular conditions may be established for the use of specific content and / or services on the Website, the use of said content or services will imply acceptance of the particular conditions specified therein. 2. SERVICES Through the Website, WINABLE offers Users the possibility of accessing: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location - A contact section for make inquiries by providing your personal data - Links to access social networks (hereinafter the "Services"). 3. PRIVACY AND DATA PROCESSING WINABLE processes your personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons in the regarding the processing of personal data and the free circulation of these data and repealing Directive 95/46 / EC (General Data Protection Regulation). The information on your personal data, according to article 13 of section 2 of the aforementioned regulation, can be found at this [LINK]. 4. INDUSTRIAL AND INTELLECTUAL PROPERTY The User acknowledges and accepts that all the contents shown on the Website and especially, designs, texts, images, logos, icons, buttons, software, commercial names, brands, or any other susceptible signs for industrial and / or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the content and / or any other elements inserted on the page, which are exclusive property of WINABLE and / or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping WINABLE harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer on Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by WINABLE or the third party owner of the affected rights. The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as rights. copyright by legislation on intellectual property. WINABLE is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless prior authorization is obtained, by written, from WINABLE. It is also prohibited to suppress, evade and / or manipulate the "copyright" as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website agrees to respect the rights set forth and to avoid any action that could harm them, WINABLE reserving in any case the exercise of any means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights. 5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE The User agrees to: · Make an appropriate and lawful use of the Website as well as its contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order. · Provide all the technical means and requirements that are required to access the Website. · Provide truthful information by filling out the forms contained in the Website with your personal data and keeping them updated at all times so that they respond, at all times, to the real situation of the User. The User will be solely responsible for the false or inaccurate statements made and the damage caused to WINABLE or third parties by the information provided. Notwithstanding the provisions of the previous section, the User must also refrain from: a) Making unauthorized or fraudulent use of the Website and / or the contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or impede the normal use of services or documents, files and all kinds of content stored on any computer equipment. b) Access or attempt to access resources or restricted areas of the Website, without fulfilling the conditions required for such access. c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties. d) Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of WINABLE, its suppliers or third parties. e) Try to access, use and / or manipulate the data of WINABLE, third party providers and other Users. f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted. g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of WINABLE or third parties incorporated into the content, as well as the technical protection devices or any information mechanisms that may be inserted in the contents. h) Obtain and try to obtain the contents using different means or procedures from those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general , which are commonly used on the Internet because they do not entail a risk of damage or uselessness of the website and / or the contents. i) In particular, and for merely indicative and non-exhaustive purposes, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that: (i) In any way is contrary, belittles or violates fundamental rights and public liberties recognized constitutionally, in International Treaties and in the rest of the current legislation. (ii) Induce, incite or promote criminal, denigratory, defamatory, violent or, in general, contrary to law, morality, generally accepted good customs or public order actions. (iii) Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition. (iv) Incorporate, make available or allow access to products, elements, messages and / or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or to public order. (v) Induce or may induce an unacceptable state of anxiety or fear. (vi) Induce or incite to engage in dangerous, risky or harmful practices for health and mental balance. (vii) It is protected by the legislation on intellectual or industrial protection belonging to WINABLE or to third parties without the intended use having been authorized. (viii) Be contrary to honor, personal and family privacy or the image of people. (ix) Constitute any type of advertising. (x) Include any type of virus or program that prevents the normal operation of the Website. If you are provided with a password to access some of the services and / or content on the Website, you agree to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, or to allow access to the aforementioned services and / or content by outsiders. Likewise, you are obliged to notify WINABLE of any fact that may involve an improper use of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as you do not make the previous notification, WINABLE will be exempt from any responsibility that may derive from the improper use of your password, being your responsibility any illegal use of the contents and / or services of the Website by any illegitimate third party. If in a negligent or willful manner, you breach any of the obligations established in these General Conditions of Use, you will be liable for all damages that may result from said breach for WINABLE. 6. RESPONSIBILITIES WINABLE does not guarantee continuous access, nor the correct display, download or usefulness of the elements and information contained in the pages of the website, which may be impeded, hindered or interrupted by factors or circumstances that are beyond its control. WINABLE is not responsible for the decisions that may be taken as a result of access to the content or information offered. WINABLE may interrupt the service or immediately resolve the relationship with the User if it detects that a use of its Website or any of the services offered therein is contrary to these General Conditions of Use. WINABLE is not responsible for damages, losses, claims, or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided this is notified. In particular, it will not be responsible for the damages that could be derived, among others, from: (i) interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunication lines and networks, or for any other reason beyond the control of WINABLE. (ii) illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other. (iii) undue or inappropriate abuse of the Website. (iv) security or navigation errors caused by a malfunction of the browser or by the use of outdated versions of it. WINABLE administrators reserve the right to withdraw, in whole or in part, any content or information present on the Website. WINABLE excludes any responsibility for damages of any nature that may be due to the misuse of the services freely available and used by Website Users. Likewise, WINABLE is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation and doubts services. On the other hand, in case of causing damages for an illicit or incorrect use of said services, the User may be claimed by WINABLE for the damages or losses caused. You will defend, indemnify and hold WINABLE harmless against any damages arising from claims, actions or demands of third parties as a result of your access or use of the Website. Likewise, you agree to indemnify WINABLE against any damages arising from the use by you of "robots", "spiders", "crawlers" or similar tools used for the purpose of collecting or extracting data or of any other action on your part that imposes an unreasonable burden on the operation of the Website. 7. HYPERLINKS The User agrees not to reproduce in any way, not even through a hyperlink or hyperlink, the WINABLE Website, as well as any of its contents, unless expressly authorized in writing by WINABLE. The WINABLE Website includes links to other websites managed by third parties, in order to facilitate User access to information from collaborating and / or sponsoring companies. In accordance with this, WINABLE is not responsible for the content of said websites, nor is it in a position of guarantor or / or offering party of the services and / or information that may be offered to third parties through third party links. The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that WINABLE recommends that website or its services or products; (ii) they may not falsify their relationship with WINABLE or affirm that WINABLE has authorized such a link, or include trademarks, names, trade names, logos or other distinctive signs of WINABLE; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) You must link to the Website's own address, without allowing the website that makes the link to reproduce the Website as part of your website or within one of its "frames" or create a "browser" on any of the pages of the Website. WINABLE may request, at any time, to remove any link to the Website, after which it must immediately proceed to remove it. WINABLE cannot control the information, content, products or services provided by other websites that have established links to the Website. Consequently, WINABLE does not assume any type of responsibility for any aspect related to such websites. 8. COOKIES You can consult the information on cookies by accessing this [LINK]. 9. DURATION AND TERMINATION The provision of the service of this Website and the other services have, in principle, an indefinite duration. However, WINABLE may terminate or suspend any of the portal services. Whenever possible, WINABLE will announce the termination or suspension of the provision of the determined service. 10. DECLARATIONS AND GUARANTEES In general, the content and services offered on the Website are for informational purposes only. Therefore, when offering them, WINABLE does not grant any guarantee or declaration in relation to the contents and services offered on the Website, including, without limitation, guarantees of legality, reliability, utility, truthfulness, accuracy, or merchantability, except in the insofar as such declarations and guarantees cannot be excluded by law. 11. FUERZA MAYOR WINABLE will not be responsible in any case in case of inability to provide service, if this is due to prolonged interruptions in the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government and in general all cases of force majeure or fortuitous event. 12. RESOLUTION OF DISPUTES. APPLICABLE LAW AND JURISDICTION These General Conditions of Use, as well as the use of the Website, will be governed by Spanish law. Any controversy will be resolved before the courts of Cádiz. In the event that any stipulation of these General Conditions of Use is unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, such unenforceability or nullity will not render these General Conditions of Use unenforceable or null as a whole. In such cases, WINABLE will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.