GENERAL CONDITIONS OF
SERVICE:
I.- INTRODUCTION the present agreement contains the clauses and
conditions that are applicable able to all juridic persons
included in art. 6 law 1/2000, 7th january, that regulates civil
prosecution that use the service of mvc through internet.
ii. definitions and concepts. for the interpretation of this
contract the next definitions are established: - "service":
wE UNDERSTOOD SERVICE AS THE ELECTHRONIC TRANSFER OF DATA DONE BY MVC
ACCORDING TO WHAT IS APPLIED BY THE USER. - "SITE" or "pLACE":
IT REFERS O ANY PLACE IN THE WORLD WIDE WEB. - "LINKS": THEY
REFER TO DIRECT AND INDIRECT ACCESSES AND SOURCE NAMES SENT BY MVC
AS MEMBERS OF THIS SERVICE. - "EDITORS" REFERS TO THE
CREATORS OR INFORMATION SOURCES WHO THE HOLDERS OF CONTENT THAT
MVC PROVIDES OR INDICATES IN THE SERVICE. - "USER" OR A
EXPRESSION OF SIMILAR SENSE, MEANS THE APPLICANT OR CONTRACTOR OF THE
SERVICE THAT MVC OFFERS, WHATEVER ITS FEATURES ARE ACCORDING TO ART. 6 (BEFORE
MENTIONED) - "WE" OR "mvc", OR A EXPRESION THAT
DESIGNS THE SAME SENSE, MEANS MVC, WHO CONFIGURATES ITSELF AS AN
INDEPENDENT PROVIDER OF LINKS TO NEWS ARTICLES, WITH LEGAL ADDRESS IN
TORRES QUEVEDO, 34, ALBACETE (SPAIN). iii.- aim of contract the
aim of the present contract is to provide the user a service of pre-selection,
data capture and electronic transmission of compututing holders under a
pre-established format by the user himself, all of them classified in
different categories, and published in different mass media with
independence of its configuration in internet, so that the user can use
them. likely itīs the aim of this contract to facilitate the links so
that the user can access to the editorsīsite.
Asimismo, también es objeto de este contrato, facilitar los enlaces para que el usuario pueda acceder a los sitios de los editores.
iv.- parties in the contract. on the one hand, mvc as
provider of the service and
on the other the user that contracts the object of this agreement, that
is gathered in the next section.
v.- clauses and general conditions a.- aim of general conditions the
present general conditions regulate the service on behalf of mvc and
thecompensatin given by the user to mvc, as well as the use of the
service itself by the user b.-approval of general conditions the
filling-in of required data in the subscription window for the servic,
done byclicking the mouse in "I accept" or similar which
is at the end of the application form, confers the condition of service
user and expresses the full adhesion and without reserves to this and
every one of the general and particular conditions of this contract.
this point is also developed at the end of the present contract.
c.- technical conditions the service proivide requires that the following
technical characteristics are accomplished: 1.- use of a technological
band that allows the connection to internet. 2.- configuration of
access with the user code and access key provided to customer when he/she
registered MVC service. 3.- efective use of service from the very
moment that is accessed and during the time that the service is hired.
d.- service subscription
the service subscription is personal and the
user wonīt be able to transfer his rights to a third party, and
therefore he/she wonīt be able to avoid legal responsibilities against
mvc. the customer willl use the service, in the capacity of user,
exclusively for the aim that this service has been hired. He/she is
responsible of extending the accomplishment of the contract to those
people who work under his/her duty.
e.- free service the present service is free unless the pay of a fee,
share or indemnification is stipulated, this payment being
stipulated in this contract or other documents, which will be always
known by user. the price of service, as well as the conditions, can be
modified by mvc giving one month notice to the user through any of the
communication means available, including internet. in the case that
there is a change of the rates done by mvc, once the user has been given
notice, if the subscriber doesnīt reject this modification and applies
dropping out of the service in 10 natural days, then it will be
understood that he/she accepts the new rates, the way of payment and
everything related with these, so mvc will require the subscriberīs
bank details, so that mvc can charge him/her the new price of service.
f.-supply period limit EL PERIODO DE LIMITACIÓN DE LA OFERTA: the
content of the supply is limited to the period of time where the web
site isnīt changed. mvc compromises to signal in its web site every
time that the date is modified, therefore the orders under the
conditions of previous supplies wonīt be processed when a change
has been done in the offer which appears in the web at the time of
processing the order.
g.- termS of contract
the term of the present contract is indefinite. mvc keeps the right to
limit the duration of the present contract, by means of
confirmation message when registering the service, or according to what
has been agreed between both parties as itīs expressed in clause vii.
once
this period has elapsed and no communication has been done by mvc in 5
days time, either telematically or not, about the definite
cancellation of contract, it will be understood that the contract will
continue its validity in all its caluses.
h.- use of service mvc compromises itself to adopt the necessary measures to
guarantee the permanence, continuity and quality of the service hired.
in any case, this will respect the levels of quality established,
but being able to do ocassional interruptions for the improvement of the
service. however this doesnīt mean the non-fulfilment of the
contract, for responsibility effects. as mvc depends on third firms
for the lending of services, mvc is not responsible of the lacks of
services due to mistakes or problems of these third firms, regardless of
the type they were these mistakes. we canīt guarantee that the link
service is unintetrrupted or free of mistakes, so mvc wonīt be
responsible of the consequences of interrutions or mistakes in the
service, because although the equipment and service usully work
efficiently, itīs possible that other external aspects, such as servers,
telephone lines, electric lines, webs, etc. wonīt work effectively.
the service contains links to other sites in internet which are owned
and operated by editors (external web sites). the user accepts that mvc
is not responsible for the availability of any external web site. the
user should get in touch with the administrator or web master of this
external web site if he/she has any doubts about the news, links or
texts that appear in this external web. the user will be the only
person responsible for the development, operation and maintenance
of this site and all the materials that appear in its site and the
equipment related to the materials that appear in its site,
guaranteeing that these materials donīt infringe the rights of a third
party (including copyrights, trade marks, privacy, or any other property
or personal rights) AND GUARANTEE THAT THE MATERIALS THAT APPEAR IN ITS
SITE ARE NO ILLEGAL OR DAMAGE THE READERīS SENSIVITY.
THE USER WONīT BE RESPONSIBLE FOR THE INDIRECT DAMAGES, EITHER
SPECIAL OR CAUSED(OR ANY OF COMMERCIAL LOSS, BENEFITS, DATA,ETC...) THAT
ARE CONNECTED WITH THIS CONTRACT, ALTHOUGH MVC HAS WARNED ABOUT THE
POSSIBILITY OF THESE DAMAGES.
SPECIAL
CASES: IT WILL BE UNDERSTOOD AS SPECIAL CASE, THOSE CASES WHEN, WHILE
THE SERVICES IS BEING OFFERED, ITīS UNCONFIGURATED, IMPORTANT
INFORMATION IS LOST DUE TI MAINTENANCE OF SERVICE OR ELECTRIC CUT, AS
WELL AS TECHNICAL AND TECHNOLOGICAL PROBLEMS WHICH ARE UNPREDICTABLE.
MVC CANīT TAKE RESPONSIBILITY FOIR BEING IN INTERNET AND WORK FROM THIS
WEB, AND THEREFORE IS NOT RESPONSIBLE FOR FAULTY OR INTERRUPTED
SERVICE, IN THE FOLLOWING CASES:
A) BAD OR INADEQUATE USE OF
EQUIPMENTS BY USER OR BY PEOPLE UNDER HIS/HER DUTY. B) ADMISTRATIVE OR
JUDITIAL RESOLUTION. C) OTHER CASES SPECIFIED IN THE CONTRACT. MVC
REJECTS ANY RESPONSIBILITY RELATED TO THE QUALITY, ACCURACY, RELIABILITY
AND CORRECTION OF DATA, PROGRAMMES, OR INFORMATION THAT CIRCULATES
AROUND THE WEB. THE CONTENT OF THIS INFORMATION IS EXCLUSIVE
RESPONSIBILITY OF SUBJECTS OR FIRMS THAT BROADCAST IT.
MVC IS NOT RESPONSIBLE FOR THE CONTENTS OF THE WEB PAGES, BECAUSE MVC
DOESNīT KNOW THEM. IN CASE THAT MVC HAD ACCESS TO THE EXISTENCE OF
THESE WEB PAGES, IT WOULD RECOMMEND OR EVEN CANCEL THESE PAGES. MVC ALSO
RECOMMENDS THE USER TO KEEP TO SOCIAL AND LEGAL RULES, AS STABLISHED IN
ALL EFECTS.
THE USER STATES HIS/HER KNOWLEDGE THAT THE SERVICE CONTAINS LINKS,
DESCIPTORS AND OTHER ASPECTS OR MATERIAL ( COLLECTIVELY LINKS), THAT ARE
PROTECTED BY COPYRIGHT LAWS, TRADE MARK OR ANY OTHER SIMILAR PROPERTY
RIGHTS , BOTH OUR PARTY OR THIRD PARTIES AS PROVIDERS OF CONTENTS. THE
USER IS RESPONSIBLE FOR GUARANTEEING THAT THE MATERIAL THAT IS SHOwn in
the site where the contents of the service are contained, doesnīt
infringe the rights of athird party (including, for example, copyright,
trade marks, privacy, honour, privacy, or other personal rights). in no
case, will mvc take responsibility for the use where the provided
material is assigned, according to the previous clause specified in the
present agreement.
the user can reproduce the links in pages that have not been created by
mvc, but only if the meaning of article is kept intact and the
original source is mentioned. the user is not authorized to copy a text
of any article without the permission of the editor. mvc canīt ,
however, take responsibility of the use that make the user links, as
there is no way to control this practice.
the user can write comments about the links, and sell advertising in the
page that contains these links, but is responsible for any
infraction produced in the rights of the editor for this practice and
FOR THE use of links and its content.
the fraudulent use of name or user password, either due to theft
or identification of these or by other cause, however method is used,
will free mvc of any claims for its fraudulent use, being the userīs
responsibility the consequences of such a use. in case of any effect or
fraudulent use of name and password, the user has to communicate to mvc
this event in a maximum time span of forty-eight (48) hours.
when accepting this contract, the users are obligued not to use the
links in the following sites: - those sites that promote pornographic
material explicitely. - those sites that promote violent or urge to it. -
those sites that promote discrimination based on race, sex,
religion, Nationality, disability, sexual orientation, age, or
violate any other personal right recognised as such by the spanish or
international laws that are valid in the country. - those sites that
promote illegal activities, including other editorsī names, variations
or incorrections in their addresses or those that violate the
rights of intellectual property. the service contains a link to the
web site. the user wonīt be able to erase, modify or hide this link,
regardless of the method used, unless they have the explicit permission
of mvc. if the user uses the service in a way that doesīt include
a link to www.mvc.es - or a new address
if this changes - including e-mail - he/she will have to pay mvc for the
service, according to updating rates when mvc has kwowledge of this
infrigement or according to the valid rates at the time of infrigement,
and include a link to the site www.mvc. that includes such a service.
VI.-end of service mvc provides users with an application form of end of
service, found at the bottom of our web page, that te user will have to
fill in and send telematically indicating name, password and e-mail. the
reason of cancellation in any case will be the voluntary filling-in of
application form by user. this is accessed in our web page by clicking
the mouse that is at the bottom of the page. this will free you from the
service. the service wilL EXPIRED in a time span of
forty-eight (48) hours from the expiring date that the user has
signalled as end of service. the communication on behalf of the user
previous to the expiring date, applying for the re-establishment of
service, will overcome the end of servive and then following the
contract in all its terms and clauses. vII.- advertising mvc
can offer, include or insert its own advertising in the place where the
user has communicated at the moment of signing the contract, either by
the use of text that corresponds to that advertising, either by the use
of a small banner or any other advertisig means.
VIII.- users limit mvc keeps the right to limit the number of connected users
to its service and keeps the right to limit the number of connected
users, either due to technical reasons or ny other type.
IX.- modification of contract thus, the links available through this service
are basically free. we can modify the content aof this agreement
in any terms or conditions and and also at any moment. then this new
agreement will appeaR IN OUR WEB SITE. IN CASE THAT THE USER
DOESNīT ACCEPT A MODIFICATION IN THE NEW AGREEMENT, HE/SHE CAN FINISH
THIS AGREEMENT IF HE/SHE IS NOT INTERESTED IN IT ANY MORE. HE/SHE CAN
ACCEPT ANOTHER AGREEMENT THAT MVC OR ANOTHER FIRMS OFFERS. THE USE OF
OUR SERVICE DURING THREE DAYS, ONCE THE NEW AGREEMENT IS PUBLISHED
IN OUR WEB SITE, MEANS AN ACCEPTANCE OF THIS NEW AGREEMENT.
X.- CORPORATIVE ADVERTISING
THE USER CONFERS THE EXPLICIT
ACKNOWLEDGEMENT TO MVC SO THAT HE/SHE CAN USE, FOR CORPORATIVE
ADVERTISING, PARTS OR EXAMPLES OF THE SERVICE OFFERED TO USER.
XI.- DATA PROTECTION THE CUSTOMER IS OBLIGED TO COMMUNICATE TO MVC
ABOUT ANY CHANGE PRODUCED IN HIS/HER IDENTIFYING DATA, BEFORE THEYīRE
EFFECTIVE. LIKELY MVC WILL ALSO DO IT.
THE CUSTOMER RECOGNIZES BEING INFORMED BY MVC AND ACCEPTS THAT HIS
PERSONAL DETAILS WILL BE INCLUDED IN AN AUTOMOMATIC FILE, CREATED BY
THIS FIRM WITH THE AIM OF MAKING THE MAINTENANCE AND ADEQUATE MANAGEMENT
OF THE HIRED SERVICE, INFORMATION, TRAINING AND MARKETING OF
SERVICES OFFERED BY MVC. EQUALLY THE CUSTOMER RECOGNIZES BEING INFORMED
ABOUT THE FACT OF PROVIDING THE PERSONAL DATA FOUND AT THE END OF
THE FORM. HE/SHE ALSO RECOGNISES BEING INFORMED ABOUT THE FACT
THAT HIS/HER DENIAL TO FACILITATE THE NECESSARY DATA FOR THE EFFECTS OF
IDENTIFICATION, CAN IMPLY HIS/HER DROPPING OUT OF SERVICE.
THE CUSTOMER EXPRESSLY AUTHORIZES THE CESSION OF DATA CONTAINED IN
THE AUTOMATIC FILE WHICH MAKES REFERENCE TO THE PREVIOUS CHANNEL OF
DISTRIBUTORS OR AGENTS THAT COLLABORATE WITH MVC IN THE HIRING OF
SERVICE. THE ONLY AIM OF THIS CESSION IS THE TASK OF INFORMATION,
TRAINING AND MARKETING OF SERVICES OFFERED BY MVC AND OTHER ACTIVITIES
DIRECTLY RELATED TO THEM, ON BEHALF OF DISTRIBUTORS AND AGENTS.
ACCORDING TO THIS CESSION TO MVC, THE DISTRIBUTORS CAN HAVE SIMULTANEOUS
ACCESS TO THE PERSONAL DETAILS OF CUSTOMERS. THE CLIENT AGREES TO THE
CESSION OF DATA JUSTIFIED BY ANOTHER CAUSE TO ANOTHER COMPANY OF
THE MVC GROUP WHICH CAN OVER-TAKE MVC SERVICE IN FUTURE. mvc can
check that the details given by the customer are true thorugh the access
of automatic files where the personal data have been obtained
according to locdcp, as well as verifying the exact data provided by the
customer.
the customer has the right to aceess, rectify and cancel the data
contained in the automatic file signaled previously, through written and
telematic notice, that can be found in the mvc web, directed to the
person in charge indicationg name, surname and customer number,
including idemtification number photocopy, or in any case, the detaiils
of the person that represents you. for this query the customer has to
include his/her adress in order to be contactable, date and
solicitorīs signature. in case that the solicitor applies for a
rectification appart from sending the application form according to what
was agreed before, the solicitor has to attach to it the justified
documentation, unless it depends exclusively on the consent of the
person interested, then the user has to introduce his/her name and
password.
xii.- intellectual and industrial property the signature of the
present contract doesnīt bind in any case the adquisition of
ontellectual or industrial rights by user, related to its contents and
services. in all cases thiese will be regulated by its specific
legislation and by what is arrangedin the present contract. the user
will be the only one responsible of the infractions commited by it , the
user will be the only one responsible to the infridgement commited by
him/her or by the people under his/her charge that are affect the rights
of another client, of mvc, or of a third party, including the rights
referred to the copyright, trade marks, patents, confidential
information or any other right of personal property, intellectual or
industrial state. the user canīt publish , transmit, transfer, cease
or sell, reproduce or in any case ise totally or parcially the data,
unless itīs explicitely allowed by this contract. the user assumes all
the risks and responsibility to determine if the rights can be of public
domain. itīs explicitely prohibited the r`production, public
communication and broadcasting through any mass media you can access via
internet, or any other service, object of the present contract, in
public places, for collectives, neighbours communities, or in general
for any other use non specified in the present general conditions. the
internet users that access to this web can visualize the information
contained in it and make "downloads" or p`rivate reproductions
in its computing system whenever the elements that are reproduced
arenīt ceased afterwards to a third party or are installed on a server
connected to internet or a local web. the distribution, modification,
cession, public communication or any other act that has not been
expresively been authorised by the holder of explotation rights, are
prohibited.
xiii.- civil responsibility mvc is only a distributor of holders news,
therefore mvc is not responsible for his content. for all this,
mvc will only be responsible in case of faulty storage of the product
offered.
mvc denies any responsibility about the information which is found in
this web, and is not directly arranged by our webmaster. the function
of the links that appear in this web is to inform exclusively the
user about the existence of other information sources about the content
in internet, where he/she can enlarge the data offered in this web site.
such links are not a suggestion, invitation or recommendation for the
visit to the places of destiny, and therefore, mvc is not responsible
for the result obtained through these hyper-textual links. mvc is not
responsible for the use that is realisd by the supplied holders. at no
time and under no concept.
XIV.- applicable law and jurisdiction these general conditions are regulated
by the standard orders in spain. mvc and the user, with express
rennounce to other local codes that can correspond them, are
submitted to the courts and tribunals of the city of albacete (spain)
for any controversy that can spring from the service which is object of
these general conditions or any other problem directly derived in this
contract.
XV.- acceptance of contract. the user accepts that he/she has read and
has accepted all the clauses and conditions in the contract. the
user understands that (directly or indirectly) we can apply references
to our customers in the terms that can difer from those contained in
this agreement or offer a service to other web sites that are similar or
competitors of his/hwer web site. the user has evaluated his/her
participation in this service independently and believes in other
representation, guarantee or clause that is not contemplated in this
agreement. the user has the necessart legal capacity to comply with
the present contract.
this contract is printable by the user. the user will receive a
communication (via e-mail or other communication) where he/she is
notified about his/her acceptance to the contract, and that is in
service . only from the moment that he/she receives this telematic
confirmation is the customer considered a user, and therefore he/she
will start to enjoy all rights and obligations signalled in this
contract. mvc, 2001. reserved all rights.
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