This Legal Notice regulates access to, browsing and use of the website https://bratleboro.com/ (hereinafter, the “Website”).
The terms and conditions set out under this Legal Notice are of supplementary application where the company had provided special terms for the using and/or procuring specific services.
1.- Right to information
In compliance with the duty of information provided under Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we inform you that the Website is property of the company Bratleboro, S.L., a commercial company incorporated in agreement with the laws of Spain, holder of CIF [Tax ID] B54880109, with registered address at Calle Santiago Ramón y Cajal 37, 1ª planta, Polígono Industrial, 03203, Elche (Alicante).
The company Bratleboro, S.L., may henceforth be called BRATLEBORO.
You can contact us using the following email address: firstname.lastname@example.org.
By accessing and/or using the Website you become a User and you agree, from the moment of such access and/or use, to this Legal Notice.
3.- Use of the website
The Website can provide access to many texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information (hereinafter, the "Contents") belonging to the company or to third parties, that the User may access.
The User is responsible for the use of the Website. This responsibility is extensive to the registration which, where applicable, is required to access the Contents or the services provided by the Website.
As a User, you undertake to make a suitable use of the Contents and services offered through the Website. This includes but is not limited to refraining from using them for following purposes: (i) engaging in activities that are illicit, illegal or contrary to good faith and public order; (ii) causing damage to the physical and logical systems owned by the Website, by its suppliers or by third parties; (iii) infecting or disseminating computer viruses on the network or on any other physical or logical systems that could cause the aforementioned damage.
4.- Intellectual property
All intellectual property rights of the contents of this Website and its graphic design, are the exclusive property of Bratleboro, S.L., which is exclusively entitled to exercise the exploitation rights of the same.
Therefore, and by virtue of the provisions laid down under Royal Legislative Decree 1/1996, of 12 April, approving the Redrafted Text of the Intellectual Property Law, and Law 17/2001, of 7 December, on Trademarks, and the supplementary legislation on intellectual and industrial property, the reproduction, transfer, adaptation, translation, distribution, and public communication of any contents on the website is prohibited, including any methods making contents available, or any other exploitation and/or amendment, whether full or partial, without the express authorisation of Bratleboro, S.L.
BRATLEBORO grants no licence or use authorisation of any type over its intellectual or industrial property rights or rights concerning the Website, the services, or the contents of the same.
The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by users is their exclusive liability and, therefore, the user shall hold BRATLEBORO harmless from any third-party claims arising out of the illicit use of contents on the Website.
Furthermore, the user, in providing contents using any method (photos, images) on this website, assigns BRATLEBORO, for no consideration, the entirety of the intellectual or industrial property rights and any other rights that the user had in respect of such contents.
These rights include the right of reproduction, performance, dissemination, transformation, distribution and public communication of all or part of the contents, using any procedure and for any formats or media.
The User acknowledges the acceptance of liability, holding the Owner harmless, in respect of any communication or contents that s/he sent personally or in his/her name.
Should the User become aware of any contents that were illicit, illegal, contrary to the law or that could involve a breach of rights of intellectual or industrial property or of any other nature, the above shall be notified immediately to the Owner, using the email address email@example.com so that such party can proceed to adopt the appropriate measures.
Likewise, should any user or a third party, regard that any of the contents of the Website property of the Owner violate his/her intellectual, industrial property or any other property rights, s/he should send a notice to firstname.lastname@example.org including the following information:
- Identity details and contact method of the claimant and his/her legal representative.
- Documents proving his/her status of Owner of the rights allegedly infringed.
- A detailed account of the rights allegedly infringed by the Owner, as well as their exact location within the Website.
- An express statement by the claimant affirming that the use of the contents has been carried out without gaining the consent of the Owner of the rights allegedly infringed.
5.- Rules of use of the website
The access to or use of the Website with illegal or unauthorised purposes, with or without a profit motive, is not permitted and, therefore, the consequences shall be the exclusive liability of the User. In particular, the prohibition includes but is not limited to the following:
- Using the Website in any way that could cause damage, interruptions, inefficiencies or defects in the operation or to the computer equipment of a third party;
- Using the Website for the broadcasting, installation or publication of any viruses, malicious code, or other harmful programmes or files;
- Using the Website to collect personal details of other users;
- Utilising the Website illegally, against good faith, morals or public order;
- Logging into the Website employing a false identity, supplanting third parties or using a profile or completing any other actions that could mislead other users on the identity of the user;
- Accessing any section of the Website without authorisation, or other systems or networks connected to the Website, or the servers of the Owner, or the services offered through the Website, through piracy or falsification, password mining or any other illegitimate method;
- Breaking or attempting to break the security or authentication measures of the Website or any network connected to the same, or the security and protection measures inherent to the contents offered on the Website;
- Carrying out any actions causing a disproportionate or unnecessary saturation of the infrastructure of the Website or the systems or networks of the Owner, as well as the systems and networks connected to the Website; or
- Preventing the ordinary development of an event, competition, promotion or any other activity available via the Website or any of its functionalities, either altering or attempting to alter, illegally or in any other way, the access, participation or operation of the above, or falsifying the result of the same and/or employing fraudulent participation methods, via any procedure and/or through any practice breaking or violating this Legal Notice.
The breach of any of the aforementioned obligations by the user involve the adoption by the Owner of the appropriate measures pursuant to the Law and exercising his/her rights or responsibilities, which may lead to the elimination or blocking of the account of the breaching user, without the entitlement to any compensation for the damages caused.
6.1.- Links to other websites
Should the Website display links to other websites through a series of buttons, links, banners or embedded contents, the Owner informs that the above are managed by third parties and the Owner does not have the human or technical means to previously know and/or control and/or approve all the information, contents, products or services facilitated by other platforms to which links from the Website may be established.
Therefore, the Owner cannot undertake any liability for any aspects concerning the platform or the website that may be linked from the Website, specifically, by way of example, the above includes but is 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.
In this connection, should users be effectively aware that the activities carried out via these websites of third parties are illegal or against morals and/or public order, they should immediately inform the above to the Owner for the purposes of proceeding to disable the link giving access to the above, and this action shall be completed as soon as possible.
In any event, the establishment of any type of link from the Website to another website does not mean that there is any relationship, collaboration or dependency between the Owner and the manager of such third-party website.
6.2.- Links to the channel of the owner other platforms or social networks
The Owner makes available to users, via a series of tools and applications, link methods allowing users to access the channels and pages of the Website that are kept on the various platforms and social networks belonging to and/or managed by third parties (for instance, Facebook, YouTube, etc.). The inclusion of these links on the Website is solely intended to provide users access to such channels on the various platforms and social networks.
The establishment of these applications does not involve the existence of any relationships between the Owner and the holder, manufacturer, or distributor of the linked platform, and neither does it involve the acceptance and approval by the Owner of its contents and/or services, with the owner, manufacturer or distributor being solely responsible for the same.
Enabling and using these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, which is totally external to the Website, and outside the control of the Owner. In accessing these external networks, the user enters into an environment not controlled by the Owner and, therefore, the Owner does not undertake any liability in connection with the security settings of such environments.
Given that the Owner may have limited control over the contents hosted on such channels, the user recognises and accepts that the Owner undertakes no liability whatsoever for the contents or for the services that the user may access through such sites, or for any contents, products, services, advertising or any other material available on the same.
6.3.- Links on other websites pointing to the website
The Owner does not authorise the creation of links on the Website from those pages containing materials, information or contents which are illicit, illegal, degrading, obscene and, in general, against the law, morals or public order or generally-accepted social norms.
In any case, users may place links directing to the Website, whenever these fulfilled the following conditions:
- The link cannot reproduce the contents of the Website or parts of the above in any manner;
- The creation of a browser or a border environment on the sections of the Website is not allowed, and neither can the Website be modified in any other way;
- No false, inaccurate or incorrect statements or directions can be made or provided on the Website and/or, specifically, with a declaration or implication that the Owner has authorised the link or that s/he has supervised or agreed in any way to the contents or services offered or made available on the website where such link is provided;
- The website on which the link to the Website is provided shall not contain information or contents which are illicit, contrary to generally-accepted morals or decency and public order, and neither will it contain contents contrary to any third-party rights, including intellectual or industrial property rights and/or the right to honour, to personal or family privacy, or to one’s own image or any other rights, or contents contrary to rules regulating personal data protection.
The Owner has no powers or human or technical means to know, control or approve any information, contents, products, or services provided by other websites which have links pointing to the Website. The Owner does not undertake any liability for any aspects concerning the website that provides that link pointing to the Website; specifically, by way of example and non-exhaustively, relating 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.
7.- RESPONSIBILITY AND WARRANTIES
BRATLEBORO states that it has adopted the necessary measures, within its possibilities and the state of the technology available, to allow the Website to operate correctly, and to ensure that there are no viruses or damaging components. However, BRATLEBORO cannot be held liable for: (a) the continuity and availability of the contents and services; (b) the absence of errors in such contents or the correction of any defects that may occur; (c) the absence of viruses and/or other damaging components; (d) damages caused by any person violating the security systems of BRATLEBORO.
BRATLEBORO can suspend access to the Website temporarily, without warning, due to maintenance, repair, updating or improvement operations. However, whenever the circumstances allowed this, BRATLEBORO shall inform the User, providing enough notice, on the date planned for the suspension of the services.
BRATLEBORO undertakes no responsibility for links to other websites on the Website, that may lead the User to other websites over which BRATLEBORO has no control, and therefore the User accesses the contents and conditions of use governing such websites under his/her exclusive responsibility.
BRATLEBORO undertakes no responsibility for the use that the users may make of the Contents and services on the website. Therefore, BRATLEBORO does not guarantee that the use that users may make of the contents and services on the Website, if any, is compliant with this Legal Notice or is done diligently.
8.- Suspension of the website
The Owner reserves the right to suspend, amend, restrict or interrupt, whether temporarily or permanently, any access to, browsing, use, hosting and/or downloading of the contents and/or use of the services of the Website, with or without notice, to the users contravening any of the provisions detailed under this Legal Notice, with no entitlement for the user to demand any compensation for this reason.
9.- Confidenciality and data protection
The headings of the various clauses are solely provided by way of information and shall not affect, classify or extend the interpretation of this Legal Notice. Moreover, the Owner can amend the terms and conditions provided herein, either fully or partially, publishing any changes using the same method set forth under this Legal Notice or using any communications addressed to users.
The temporary validity of this Legal Notice, therefore, is the same as the time at which it is displayed, up until it is fully or partially amended, and at such time the amended Legal Notice shall enter into force.
The Owner may terminate, suspend or interrupt, at any time, and with no need to provide a prior notice, the access to the contents of the Website, with no entitlement by users to claim any compensation whatsoever. Following such termination, the prohibitions of the use of the contents provided in the foregoing in this Legal Notice shall continue to be in force.
Should any provisions laid down in this Legal Notice be declared void or unenforceable, whether fully or partially, by any Courts, Tribunals, or competent administrative authorities, said nullity or inapplicability shall not impact the remaining provisions set forth under this Legal Notice.
Failing to exercise, or non-enforcement by the Owner, of any right or provision contained in this Legal Notice shall not involve the waiver to the above, save as recognised and following an agreement on its behalf in writing.
11.- Term and amendment
The terms and conditions of this Legal Notice shall remain in force until they are amended, and BRATLEBORO can make these changes, which the User shall be informed of.
BRATLEBORO can suppress, add, or change the contents and the services it provides, and the way in which they are located or presented. The conditions published at the time at which the user accesses the Website of BRATLEBORO shall be understood as being in force.
The access to and/or use of the Website shall be understood as an acceptance by the user of the conditions of this Legal Notice and, where applicable, the changes of the same.
12.- Applicable law and competent jurisdiction
This Website shall be governed by the Laws of Spain.
For any controversies that may arise in the interpretation and applicability of this Legal Notice, insofar as the law allowed this, both the Owner and the Users submit expressly to the jurisdiction of the Courts and Tribunals of Elche, waiving the entitlement to their own jurisdiction, if any.