Terms and conditions
a) Purpose of these terms and conditions of use
The terms and conditions set forth below together with the Privacy policy, regulate access and use of the website www.auraquantic.com (hereinafter website) which provides services of the IT company AURA DIFUSION SL (hereinafter AURA) with CIF B97223689, with registered office and postal address at Paseo Germanías 84, mezzanine, Gandía, 46702 (Valencia), registered in the Commercial Registry of Valencia, Volume 7228, Folio 20, Sheet V-84480, 1st entry dated 07/19/02.
The expression “website” includes all creations expressed by any medium or support, tangible or intangible regardless of whether they are susceptible or not of intellectual property according to the Revised Text of the Intellectual Property Law.
Access to the website implies that the visiting user acquires a series of rights and obligations, to guarantee the adequate use of the general, particular services and contents and that AURA makes available to the user.
The visitor is aware that access and use of the services and contents of the website is made under his sole and exclusive responsibility.
The user status is acquired through access to the website. The user will use the services and contents exclusively for private purposes and / or by reason of their legal relationship that links them to AURA, excluding any form of subsequent use of the same for profit or a direct or indirect benefit.
If these general conditions were replaced by others in whole or in part, the new general conditions or, where appropriate, the particular ones, shall be deemed accepted in an identical manner to the one set forth. However, the user of the website must access these general conditions – and the particular services that are used – periodically to be aware of the successive versions that are included here, although it is recommended that the user accesses the terms and conditions each time they access or make use of the services and contents of the website.
AURA informs the user of the website that under these conditions (and where applicable in the particular conditions that are published for certain services), all aspects related to the legitimate use of the website and the processing of personal data collected from the website for which AURA is responsible. If the user – after reading this document – continues to use the services, he / she will be expressing his / her express acceptance of these conditions, including this Privacy policy and the processing of personal data. Otherwise the user must refrain from accessing the website or abandon it if necessary.
It will be the user’s responsibility to establish the appropriate technical security measures to avoid unwanted actions in their IT system, files and computer equipment used to access the Internet and, especially, the website, being aware that the Internet is not completely secure.
b) Purpose of the website
By accessing this website, the user can enjoy the use of various content and services that will be offered by AURA or third-party providers under the conditions determined in each case.
AURA may modify unilaterally and without prior notice, the provision, configuration, content and services of the site, as well as its conditions of use and access to the offered content and services provided, warning when appropriate of said changes to the corresponding general conditions or particular services, as well as in other texts or notices of the web.
The cost of the telephone access or other type of expense for the connection to access the website will be the exclusive responsibility of the user.
c) User’s Rights and obligations
The user may use the services and content available for their own use only, provided that such use is correct and lawful, in accordance with current legislation, morality, good customs and public order.
The user cannot, under any circumstances:
- Access or use the services and contents of the site for the commission of illicit actions or actions contrary to current legislation, morality, good customs and public order, for purposes that harm the rights and freedoms of third parties, or that may harm, damage or prevent in any way, access to them, to the detriment of AURA or third parties.
- Use the services and contents offered on the website in a manner contrary to the general conditions of use and / or the particular conditions that regulate the use of a certain service and / or content, and to the detriment or impairment of the rights of other users.
- Use the brand, trade names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the prior express written authorization of its owner.
- Carry out any action that involves the reproduction, distribution, copying, rental, public communication, transformation or any other similar action involving the modification or alteration of all or part of the content and services of the website or the economic exploitation thereof, without the prior written authorization of AURA or the third party owner of the intellectual and industrial property rights of the services contained in the website and unless otherwise stated in the general conditions or, as the case may be, specific conditions that regulate the use of a service and / or existing content on the website.
d) AURA’s rights and obligations
AURA reserves the following rights:
- Modify the conditions of access to the website, technical or not, unilaterally and without prior notice to users, without prejudice to the provisions of the particular conditions that regulate the use of a specific service and / or content intended for users of the website.
- Establish specific conditions and, where appropriate, establish a fee or other requirements for access to certain services and / or contents.
- Limit, exclude or condition the access of users when all the guarantees of correct use of the site by them are not given in accordance with the obligations and prohibitions assumed by them.
- Terminate the provision of a service or supply of a content, without right to compensation, when its use by users becomes illegal or contrary to the provisions of the conditions that regulate it, without prejudice to the provisions of the particular conditions that regulate the use of a specific service and / or content intended for the users of the website.
- Modify, delete or update all or part of the content or services offered on the website, without notice, without prejudice to the provisions of the particular conditions that regulate the use of a specific service and / or content intended for users.
- Undertake any legal or judicial action that is convenient for the protection of AURA’s rights and those of third parties that provide their services or contents on the website, whenever appropriate.
To demand the compensation that could derive from the improper or illicit use of all or part of the services and contents provided on the website.
e) Exemption and limitation of liability of AURA
AURA is exempt from any type of liability for damages of any nature due to the impossibility or difficulties of connection to the communications network through which this website is accessible, regardless of the type of connection used by the user, as well as for the services and contents, offered by third party service providers.
f) Intellectual and industrial property
The user is informed that the contents and services offered through the website, including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all comments, exhibitions and html code, without this enumeration have a limiting nature, are protected by the laws of intellectual and industrial property. The copyright and economic exploitation of this website corresponds to AURA and / or third parties.
The trademarks, trade names or distinctive signs that appear on the website are property of AURA or third parties, and are protected by the current industrial property laws. Although not specified in each case, the brands that appear on this website, including those of AURA and those of third parties, are protected. Therefore, the user cannot use any of them without the prior written consent of its owner.
The provision of the services and publication of the contents on the website will not, under any circumstances, imply the total or partial assignment, resignation or transmission of ownership of the corresponding rights of intellectual and industrial property by AURA and / or its legitimate third parties.
The user cannot, under any circumstances make use of the services and content on the website that is not exclusively personal, except for the exceptions determined in this website’s general conditions of use or in the particular conditions that AURA have established to regulate the use of a certain service and / or content offered on the website.
No section of this website can be reproduced, distributed, transmitted, copied, communicated publicly, transformed, in whole or in part by any manual, electronic or mechanical system or method (including photocopying, recording or any system of recovery and storage of information) through any support currently known or invented in the future, without the consent of AURA. Any form of use, of all or part of the content of the website, is subject to the need to request prior authorization from AURA and / or legitimate third-party holders and the acceptance of the corresponding license, where applicable, except for the provisions regarding the rights recognized and granted to the user in these general conditions or as determined in the particular conditions that AURA may establish to regulate the use of a certain service and / or content offered on the website.
g) Hyperlinks
The user is informed that the contents and services offered through the website, including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all comments, exhibitions and html code, without this enumeration have a limiting nature, are protected by the laws of intellectual and industrial property. The copyright and economic exploitation of this website corresponds to AURA and / or third parties.
The trademarks, trade names or distinctive signs that appear on the website are property of AURA or third parties, and are protected by the current industrial property laws. Although not specified in each case, the brands that appear on this website, including those of AURA and those of third parties, are protected. Therefore, the user cannot use any of them without the prior written consent of its owner.
The provision of the services and publication of the contents on the website will not, under any circumstances, imply the total or partial assignment, resignation or transmission of ownership of the corresponding rights of intellectual and industrial property by AURA and / or its legitimate third parties.
The user cannot, under any circumstances make use of the services and content on the website that is not exclusively personal, except for the exceptions determined in this website’s general conditions of use or in the particular conditions that AURA have established to regulate the use of a certain service and / or content offered on the website.
No section of this website can be reproduced, distributed, transmitted, copied, communicated publicly, transformed, in whole or in part by any manual, electronic or mechanical system or method (including photocopying, recording or any system of recovery and storage of information) through any support currently known or invented in the future, without the consent of AURA. Any form of use, of all or part of the content of the website, is subject to the need to request prior authorization from AURA and / or legitimate third-party holders and the acceptance of the corresponding license, where applicable, except for the provisions regarding the rights recognized and granted to the user in these general conditions or as determined in the particular conditions that AURA may establish to regulate the use of a certain service and / or content offered on the website.
h) Access to restricted areas and conditions of use for particular services
Access to the restricted areas of this website that are protected by access codes (password), including without limitation, connections with Partners, Customers and Suppliers, are restricted exclusively to users authorized by AURA to access them and will be governed, in addition to the provisions of these terms of use, for the particular conditions established in this section.
To this end, the access and use of the restricted areas will be carried out with prior registration, by completing the form provided for this purpose, stating the will to register on the AURA website.
After registration, access or authentication on the website, of the registered user, will be carried out by means of email and password.
The registered user may access the content and services available to registered users, without prejudice to the technical conditions necessary to identify / authenticate or access certain content or services.
The user is obliged to:
(i) complete the registration forms with personal data corresponding to their own identity, which must be appropriate, relevant, current, accurate and true, guaranteeing the registered user the authenticity of all the data communicated for the use of the website.
(ii) Provide an email address.
(iii) Keep the password personally, confidentially and with due diligence to prevent third parties from accessing the account on behalf of the registered user.
(iv) Modify the password periodically and, at least once per year.
(v) Notify AURA of the discovery or theft of password by a third party that was using it to access the account of the user account registered in your name.
(vi) Keep all information and personal data provided on the website duly updated, so that they respond at all times to the current situation of the registered user.
AURA reserves the right to deactivate, at any time and without prior notice, a registered user’s account at its sole discretion in, among others, the following circumstances:
(i) when, at the time of registration, the user has provided the Owner with inaccurate, false or misleading information;
(ii) when the password has been communicated to a third party or access to the website has been allowed to a third party by simultaneously accessing the account of the registered user;
(iii) when the registered user has made fraudulent or illicit use of the website.
(iv) AURA is not responsible for a third party accessing the account on the website using the email address and password of a registered user, because the user has not kept the password secure and confidential or has provided it to third parties.
(v) AURA is not responsible for the consequences for the registered user due to the improper use of the account or for the completion of erroneous, incomplete, non-current or false personal data in your website account.
The responsibility of maintaining the names and access codes confidential, as well as respecting the confidentiality of the information contained within, is exclusively for each user. The diffusion of access codes to people who do not have authorization to do so may cause damage, for which the holder of the access code would be accountable.
i) Miscellaneous
These general conditions contain all the conditions agreed by the parties in relation to their purpose and any declarations, commitments or promises, verbal, written or implicit, prior to these conditions shall be considered as non-existent.
The fact that AURA does not demand, at any particular moment, the respect of the conditions established in these general conditions or, as the case may be, particular conditions that regulate the use of a certain service and / or content intended for the users of the website, cannot be interpreted by the user as a waiver to their compliance.
In the event that any clause of these general conditions or, as the case may be, particular conditions that regulate the use of a certain service and / or content, is null or void, in whole or in part, this nullity or cancellation will not affect to the validity of other clauses of terms and conditions, which will remain with full effectiveness and validity, unless the party alleging nullity proves that without the clause that is null or void the purposes pursued by these conditions cannot be fulfilled. These general conditions and the legal relationships between the user and AURA are governed by Spanish law.
j) Jurisdiction
The parties, expressly waiving their own jurisdiction, submit to the resolution of any litigation that may arise to the Courts and Tribunals of Valencia.