Terms and conditions
The purpose of this document is to establish the General Conditions of Use of the Portal www.moduti.com (hereinafter “the Portal”), owned by María del Carmen Mañogil Zapata, with NIF 48347901S (hereinafter “the Portal owner”), domiciled in Pedro Lorca 73, Torrevieja, Alicante, 03182, Spain.
The portal owner reserves the right to modify these General Conditions of Use in order to adapt them to the current applicable legislation new jurisprudence and usual market practices at any given time.
The present General Conditions of Use do not exclude the possibility that certain Services of www.moduti.com, due to their particular characteristics, are subject, in addition to the General Conditions of Use, to their own particular conditions of contracting (hereinafter the Individual Conditions of Contracting).
The use of any of the Services of www.moduti.com supposes the users adhesion and express acceptance to all the General Conditions of Use in the version published on this website at the moment in which the user accesses the portal, as well As well as to the Particular Conditions of contracting that are applicable.
2. CONDITIONS OF ACCESS AND USE OF THE PORTAL
I. USER CONDITION
1. Need To Register
In general, access to the Portal will not require a User Registration. Notwithstanding the use of certain Services (which will be exposed on the web) is conditioned to the User's previous Register. This registration will be made in the manner expressly indicated in the Service itself or in the Particular Conditions for contracting applicable to it.
2. Use Of The Portal And It’s Services
The User acknowledges and accepts that the use of the contents and/or services offered by www.moduti.com will be at his sole risk and/or responsibility.
Access to certain services of the website is subject to previous registration by completing the corresponding form ("registration form"). www.moduti.com reserves the right to freely accept or reject your registration request. In any case, the data you enter in the registration form must be accurate, current and truthful at all times.
You acknowledge and agree that the access and use of the website and/or the services included is freely and conscientiously your sole responsibility. www.moduti.com will not be in any case responsible for the use you could make of the website or services, or any damages that may arise from it.
The User agrees to use the Portal and all its content and Services in accordance with the provisions of the law, morality, public order, in the present General Conditions of Use, and in the Particular Conditions that may apply. Likewise, it is committed to making adequate use of the services and/or contents of the Portal and not to use them to carry out illegal activities or constitute crimes, that infringe on the rights of third parties and/or that violate the regulation on intellectual and industrial property, or any other rules of the applicable legal order.
The User compromises not to transmit, introduce, disseminate and make available to third parties any material and information (content data, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the Law, morality, public order and these General Conditions of Use and, the Particular Conditions applicable to it. By way of example, and in no case limiting or exclusive, the User compromises to:
- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic, terrorist apology or that violates human rights.
- Not to introduce or disseminate in the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, its suppliers or third-party users of the Internet.
- Not to disseminate, transmit or make available to third parties any information, element or content that violates basic rights and public freedoms recognized by the Constitution and international treaties.
- Not to divulge, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair publicity.
- Not to transmit unsolicited or authorized advertising, advertising material, "junk mail", "chain letters", "pyramid structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively Designed for it.
- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
- Not to supplant other users by using their registration keys to the different services and/or contents of the Portal.
- Not to divulge, transmit or make available to third parties any type of information, element or content that implies a violation of the intellectual property rights, patents, trademarks or copyright that correspond to the Portal owner or to any third parties.
- Not to divulge, transmit or make available to third parties any type of information, element or content that implies a violation of the confidentiality of communications and the legislation of personal data.
- Do not include in our website content that indicates or promotes sexual, racial, religious discrimination or any other violation of the fundamental rights and freedoms recognized by the laws of Spain; Inducing or inciting to act illegally or leading to erroneous conclusions for inaccuracy, omission or similar; Containing false or expired information; That violate legal or regulatory norms on secrecy of communications, intellectual property, right to honor and personal privacy, or incorporate violent or degrading content, messages or products.
3. INDUSTRIAL AND INTELLECTUAL PROPERTY
All the contents, elements and information that the user can access through www.moduti.com are subject to intellectual and industrial property rights of the owner of the portal or third party owners. Consequently, access to this content does not grant the user any right to alter, modify, exploit, reproduce, and publicly communicate or any other right that corresponds to the affected owner
The User must refrain from deleting the identifying signs of the rights (intellectual property, industrial or any other) of www.moduti.com or any third parties included in the Portal and in each of the various Services offered through it. Likewise, the User shall refrain from evading or manipulating any technical devices established by www.moduti.com or by third parties, either in the Portal, in any of the Services or in any of the materials, elements or information obtained through it, For the protection of their rights.
4. EXCLUSION OF WARRANTIES AND RESPONSIBILITY
4.1 Disponibility and Continuity of the Portal
The owner of the portal www.moduti.com does not guarantee the availability, access, and continuity of operations of the Portal and its Services.
The portal owner will not be responsible, within the limits established in the current legal order, of the damages caused to the User as a consequence of the unavailability, access failures and lack of continuity of the Portal and its Services.
4.2 Contenidos y Servicios
The owner of the portal will respond solely and exclusively to the Services provided by himself and the content directly originated. This responsibility will be excluded in cases of force majeure or in cases where the configuration of the User's equipment is not adequate to allow the correct use of Internet services provided by www.moduti.com.
The portal is not responsible for the maintenance by third parties (such as those indicated here by way of enunciation, and in no case limiting or excluding any others: websites, aggregators, payment platforms, social networks or blogs) once the announcement is out of our databases.
4.3 Contenidos y Servicios de Terceros
The portal owner does not previously control, approve or make own the contents, services, opinions, communications data, files, products and any kind of information of third parties, legal or physical, collected in the Portal. Likewise, he does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the contents, information, and services of third parties in the Portal.
The owner of the portal does not previously control and does not guarantee the absence of viruses and other elements in the Contents and services provided by third parties through the Portal that can introduce alterations in the computer system, electronic documents or user files.
The portal owner shall not be liable, indirectly or subsidiarily for damages of any nature arising from the use and contracting of the Contents and the Services of third parties in the Portal as well as for their lack of legality, reliability, usefulness, Veracity, accuracy, completeness and timeliness. By way of illustration, and in no case limiting, the portal owner will not be liable for damages and losses of any nature arising from A) infringement of intellectual property rights and failure to comply with or breach of contractual commitments acquired by third parties; B) the carrying out of acts of unfair competition and illicit publicity; C) the inadequacy and defrauding of the expectations of the Services and Content of third parties; D) the vices, or defects of all kinds of the Services and contents of third parties provided through the Portal.
The portal owner shall not be liable, indirectly or subsidiarily, for damages of any nature arising from the negligent or malicious use of the email accounts used for any type of insertion, communication, management or performance in the Portal.
The portal owner will not be liable, indirectly or subsidiarily, for damages of any nature caused to the User as a result of the presence of viruses or other elements in the contents and Services provided by third parties that may cause alterations in the computer system, Electronic documents or user files.
The exoneration of liability set forth in the preceding paragraphs shall apply in the event that the owner of the www.moduti.com portal has no effective knowledge that the activity or stored information is unlawful or that it damages property or rights of a third party Subject to indemnification, or if they have acted with diligence to remove the data and contents or make it impossible to access them.
4.4 User Conduct
The portal owner does not guarantee that the Users of the Portal use the content and/or services thereof in accordance with the law, morality, public order, these General Conditions and, as the case may be, the Particular conditions that result applicable. Likewise, it does not guarantee the veracity and accuracy, completeness and/or authenticity of the data provided by the Users.
The portal owner will not be responsible, indirect or subsidiary, for damages of any nature arising from the use of the Services and Contents of the Portal made by Users or that may arise from the lack of truthfulness, accuracy and/or Authenticity of the data or information provided by Users, or the impersonation of a third party made by a User in any kind of action through the Portal.
5. TECHNICAL DEVICES OF TEXTUAL LINK
The Portal makes available to users technical linking devices and search tools that allow them to access web pages owned by other entities (textual links).
The user of www.moduti.com acknowledges and accepts that the use of the contents of the linked web pages will be at their own risk and responsibility and will exempt www.moduti.com from any responsibility regarding technical availability of the linked web pages, the Quality, reliability, accuracy and/or veracity of the services, information, elements and/or contents that the client can access in them and in the search directories included in the Portal.
The portal owner will not be responsible indirectly or subsidiarily for damages of any nature arising from A) the functioning, unavailability, inaccessibility and lack of continuity of the linked web pages and/or search directories available; B) lack of maintenance and updating of the contents and services contained in the linked web pages; C) lack of quality, inaccuracy, illegality, uselessness of the contents and services of the linked web pages.
6. PERSONAL DATA PROTECTION
The owner of the portal www.moduti.com reserves the right to being able to modify, suppress and include, unilaterally and without prior notice, new contents and/or services, as well as the way in which they appear presented and localized as he sees appropriate.
a. Right of exclusion
The owner of the portal www.moduti.com reserves the right to deny or withdraw access to the Portal and/or services offered, without prior notice to its own or a third party, to those users who may be in breach of these Conditions General of Use and/or the Particular conditions that, may apply.
Generally, in order to use the Portal Services, underage must have previously obtained the authorization of their parents, guardians or legal representatives, who will be responsible for all acts performed through the Portal by those in their charge. In those Services in which it is expressly stated, access will be allowed only and exclusively to persons over the age of 18.
7. DURATION AND TERMINATION
The provision of the services and/or contents of the Portal have an indefinite duration. Nevertheless, the owner of www.moduti.com is able to terminate, suspend or interrupt unilaterally, at any time and without prior notice, the provision of the service, the Portal, and/or any of the services, without prejudice to what would have been provided in this respect in the corresponding particular conditions.
8. LAW AND JURISDICTION
All matters relating to the Portal are governed by Spanish Laws and subject to the jurisdiction of the Courts and Tribunals of Torrevieja (Alicante)