LEGAL NOTICE AND GENERAL TERMS OF USE OF THE WEBSITE
1 - Relevant Company Information
CINE TOOLS S.L., a company with registered office in Calle Labrador nº 5, Madrid, with tax ID number B64247125, registered in the Commercial Registry of Madrid, at Volume 35.818, Sheet 11, Section 8, Page number M-643589 (hereinafter, the "COMPANY"), is titleholder of the Website www.cinetools.es (hereinafter, the "Website"), and its use is subject to the present Legal Notice and the applicable legal texts accessible in the Website.
This Website has been created by the COMPANY with the aim of creating a technological platform to sell cinema, television, advertising and theatre consumables. In this sense, the COMPANY makes available for the User most of the fungible, accessories and necessary tools for any audiovisual production or filming.
The use of the Website confers the status of “Visitor” and implies the acceptance and express recognition of the content of the present Legal Notice, terms of use and conditions related to the Website, included in this Legal Notice and in the rest of legal texts accessible on the Website.
The Visitor must carefully read the present Legal Notice each time he/she accesses the Website, since the Legal Notice may be modified, and the version in force is the one published each moment. The use of the Website implies the express acceptance of these terms and of any modifications that may be done in the future, and consequently, the Visitor must read these terms of use periodically.
Notwithstanding the costs of Internet access and connection, which are beyond the COMPANY’s control in any case, the use of the Website will be free of charge. However, the acquisition of the products offered in the Website have a remunerated character.
Furthermore, the acquisition of the products available in the Website will imply the Visitor’s condition of “User” and will be regulated by the corresponding General Contracting Terms, both economic and of any other nature, whose consultation can be done through the following link: https://www.cinetools.es/en/content/3-condiciones-de-uso and in any event, the User will have to accept it before carrying out the acquisition of any of the products of the Website.
2 - Terms of use of the Website
The mere access to this Website does not imply any type of business relationship between the COMPANY and the Visitor. The information contained in the Website is only for information purposes, and the COMPANY is not responsible for its veracity. The COMPANY reserves the right to delete or cease its publication, totally or partially, and to modify the structure and content of the Website without prior notice, and even to limit or not allow the access to said information.
The COMPANY also reserves the right to unilaterally modify the terms and conditions of use of this Website. Any modifications of the terms of use will enter into force from the moment of its publication in the Website.
The access, navigation and use of the Website is the Visitor/User’s responsibility, so the User commits to diligently and faithfully undertake any additional instruction provided by the COMPANY or the COMPANY’s authorized personnel regarding the use of the Website and its content. Therefore, the Visitor/User undertakes to use the contents in a diligent, correct and licit way and, in particular, including but not limited to, the User undertakes to refrain from:
- Using the content, in particular, any kind of information obtained through the Website, with purposes against the law, morals and good habits generally considered acceptable to public order. In this respect, the COMPANY reserves the right to impede or prohibit the access to any User that introduces in the Website any content contrary to the applicable rules or ethics, or uses the Website infringing the terms established herein, maintaining the right to apply the appropriate legal remedies in order to avoid this kind of conducts or as a consequence of the same.
- Reproducing or copying, distributing, altering, changing, modifying or adapting the content of the Website in the terms described below, unless the COMPANY expressly authorizes it with written prior consent.
- Interfering or interrupting the functioning of the Website or the servers or networks used for the availability of the platform; or contravening rules, requirements, proceedings, policies or regulations of those rules. Carrying out any conduct that may damage, disable, overload or impede in any manner the normal use of the Website.
3 - Registration of the User
The Website does not require the previous registration of the Visitor for the simple navigation, however, for the provision of determined services and for the acquisition of the products available in the Website the registration as User will be requested. For the data protection treatment, see the Privacy Policy of the Website: https://www.cinetools.es/en/content/18-politica-de-privacidad-y-cookies.
The User will select, use and keep his username and password (jointly, “Passwords”), making a diligent and licit use of the same, without making them available to third parties.
The User will have the option to choose and indicate his own Passwords. The User will not be able to choose as username rude words, expressions and denominatives or words contrary to the law, moral, and public order.
The COMPANY is exonerated from any kind of responsibility that may arise from the caused damages and prejudices arisen or suffered by the fraudulent or undiligent use of the passwords, its custody, or its loss, contravening the Legal Notice and the other legal texts in the Website.
4 - Acquisition of products through the Website
The acquisition of products offered through the Website is remunerated and will be governed by the General Contracting Terms, and any other economic or any other kind of terms, whose consultation can be done through the following link: https://www.cinetools.es/en/content/3-condiciones-de-uso, that Users will have to expressly accept, in any case, before carrying out the acquisition of products.
The User is aware and accepts voluntarily that the use of the Website is performed under his sole responsibility. When using the Website, the User commits not to distort his identity and other personal data, to use the Website exclusively for information and acquisition purposes, and not to carry out any conduct that may damage the interests and rights of the COMPANY and third parties.
5 - Intellectual and industrial property rights
All content and graphic elements (designs, logos, source codes and other analogous ones) which constitute the Website as well as its display, belong exclusively to the COMPANY, who is titleholder of all the industrial and intellectual property rights derived therein, including software, or either the COMPANY holds all the relevant and necessary licenses and/or authorizations from the titleholders of those intellectual property rights, including graphics and texts, to make use of them.
All the commercial names, trademarks, logotypes, distinctive signs, symbols, and combined, figurative or nominative trademarks that appear in the Website belong to the COMPANY, or it either holds the right to use them, with prior consent, and they are protected by the applicable legislation in force.
Consequently, the present Website and its content cannot be subject to exploitation, reproduction, distribution, modification, public communication, loan or transformation without the prior consent of the COMPANY.
The COMPANY reserves the right of seeking for judicial remedies or any other kind of remedies it has right to against any violation or infringement of its industrial and intellectual property rights.
6 - Data Protection
In order to access some services that the COMPANY offers through the Website, the User/Visitor will have to provide its personal data, which will be treated in conformity with the Regulation (EU) 2016/679 of April 27, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and other applicable regulation regarding personal data protection, whose treatment and purpose are reflected in the Privacy and Cookies Policy of the COMPANY, which can be consulted in the following link: https://www.cinetools.es/en/content/18-politica-de-privacidad-y-cookies.
7 - Disclaimer
The COMPANY assumes liability exclusively for the services provided by itself and for the content directly originated by the Website, identified with its corresponding copyright.
The COMPANY commits to adopt the necessary measures to ensure the safety and privacy of the Website. CINE TOOLS won’t be held liable when, having adopted the pertinent security measures, these were violated by external agents. The COMPANY won’t be liable, not even indirectly or alternatively, for any kind of content, information, or opinion which has its origin in the Visitor/User or third parties or other entities in the Website of the COMPANY.
The COMPANY reserves the right to suspend temporarily the Website without prior notice to the Visitor/User, whenever necessary to update, improve or maintain the service. Similarly, it can modify the access conditions and the location of the Website’s content, as well as impeding, restricting, blocking, erasing or denying the access to the services to Users/Visitors when they don’t do a licit, honourable and diligent use of the services provided through the Website.
Given the same reasons, the COMPANY can block, restrict and withdraw the use of the content introduced by third parties that are illicit, fraudulent, or in any other way infringe the applicable laws.
The COMPANY does not ensure the permanent availability and continuity of the Website due to interruptions, failures, etc., nor does it respond for the damages and prejudices caused to the Users/Visitors by informatic virus or external agents that third parties may deposit in the Website or in electronic documents and files hosted in the informatic system.
8 - Hyperlinks and linked sites
8.1 - Linked sites
8.1 - The COMPANY does not assume any responsibility in any way for the contents, commercial activities, products and services which may be displayed, by links, either directly or indirectly, on the Website, since its function is to inform about concrete matters. The COMPANY does not assume responsibility in any way, for the results obtained through those links or for the consequences resulting from the access by the User to those links.
8.2 - Hyperlinks
The COMPANY does not respond for the data treatment by third parties that set hyperlinks in the Website nor for those who, are responsible of sending users to their website through a hyperlink. The User and, in general, any natural or legal person who wants to establish a hyperlink or technical linking device (links or buttons) from his web to the Website (the “hyperlink) will have to obtain a previous written authorization by the COMPANY.
The setting of the hyperlink does not imply the existence of relations between the COMPANY and the titleholder of the website that establishes the hyperlink, nor the acceptance or approval of its content and services by the COMPANY.
In any event, the COMPANY reserves the right to prohibit or disable any hyperlink to the Website, especially in the event of illicit activities or contents of the website where the hyperlink is included.
9 -Cookies
The access to this Website may imply the use of cookies. The COMPANY provides Users with clear and comprehensive information regarding the use of cookies, which can be consulted in: https://www.cinetools.es/en/content/18-politica-de-privacidad-y-cookies.
10 - Jurisdiction and applicable law
The terms and conditions that regulate this Website and all the relationships that might result from the use of and/or registration in the Website, are governed by Spanish law.
Any controversy that might result from the access and use of this Website and/or its services hereby is submitted to the jurisdiction of the Spanish courts and tribunals according to the corresponding applicable law.