1.- IDENTIFICATION DATA AND CONTACT INFORMATION
Terra Mítica Parque Temático de Benidorm, S.A. [TERRA MÍTICA], a trading company, of Spanish nationality, duly registered at the Inscrita en Reg. Mercantil de Alicante al Tomo 2084 General, Folio 172, Hoja Nº A48268 with CIF-A-53249421 and registered offices in Benidorm, Ctra. de Benidorm a Finestrat, Camino del Moralet s/n 03502 Benidorm-Alicante, is the owner of www.terramiticapark.com. If the User wishes to contact TERRA MÍTICA, they may do so, through the Call Centre: Telephone: 902.02.02.20 Fax: 965.00.47.49 e-mail: firstname.lastname@example.org
2.- GENERAL CONDITIONS OF ACCESS AND USE OF THE WEB PAGE
The present General Conditions of Access and Use (henceforth, “General Conditions”) regulate the access and use of the present Web Site, property of Terra Mítica Parque Temático de Benidorm, S.A. [henceforth “TERRA MÍTICA”]. This website may be accessed through the address, www.terramiticapark.com (henceforth “Website”), its use is free for the user (henceforth, the “User”) supposes no charge for use of the same and viewing it does not require any type of subscription of registration. Nevertheless, contracting certain services or products may require registration by the User on the Website, in the terms as described further on and on prior acceptance of the specific Individual Conditions which complete and complement these General Conditions.
TERRA MÍTICA may at any time, and without prior notice, modify these General Conditions, as well as the General Conditions of Contract and/ or the Individual Conditions which, as may apply, be included by means of the publication of said modifications on the Website with the aim of informing Users, as long as this is prior to viewing the Website or acquiring any goods offered through the website. Express mention is made that the mere access and use of the Website confers the condition of User of the Website and supposes the full, unreserved acceptance on the part of the User, of the full content of the General Conditions and, as may apply, of the Individual Conditions of the version published on the Website at the moment of said access.
Therefore, the User, under his/her own responsibility, should carefully read all the conditions each and every time they decide to use the Website. The Individual Conditions shall be applied to certain products, services and contents offered to Users through the Website, whose access and /or use is subject to the same, which depending on the case, may substitute, complete and/or modify the General Conditions . Should the User not agree with the contents of the General and Individual Conditions, he/she should abstain from using the Website and making any transactions through the same. The access and use of the Website by minors should always be supervised and directed by the User [the Legal Guardian], who declares expressly that the use of the same is under their sole responsibility.
2.1 USER OBLIGATIONS
In general, the User is obliged to comply with the present General Conditions of Access and Use and where applicable, the Individual Conditions which may be applied, as well as, where in line with legal conditions, good practice and the requirements regarding goof faith, abstaining from using the Website in any manner which might impede, harm or deteriorate the general function of the same, the goods and rights of TERRA MÍTICA, suppliers, other Users or any other third party, in general. And in particular, the User shall be obliged, when using the Website to:
a) Not use false identities, nor assume the identity of others when using the Portal or for the use of any of the services of the Portal, including the use, where indicated, of passwords or access codes of third parties or in any other form; the User shall be obliged to provide his or her true details and keep them updated.
b) To take note and keep the “User Name” and “Password” supplied by TERRA MÍTICA to Users, as the identifying and access elements for use of the diverse services offered through the Portal, promising not to allow use or permit access for third parties, taking responsibility for damage and liability for what might occur through such use. Notwithstanding, the User promises to inform TERRA MÍTICA, at their earliest convenience of any loss or theft or any risk of access of the “User Name” and/or Password” by a third party.
c) Not to enter, store or divulge through the Website computer programmes, data, virus, hardware or telecommunication equipment or any other instrument or electronic device which might be liable to cause damage to the Website, or any of its services, or to any of the equipment, systems or networks belonging to TERRA MÍTICA, by any User, to the suppliers of TERRA MÍTICA or generally to any third party, or in any way which might cause any kind of alteration or impede the normal operation of the same.
d) Not to destroy, alter, use for his or her own purposes, nor render useless, nor damage the data, information, programmes of electronic documents belonging to TERRA MÍTICA, its suppliers or third parties;
e) Not to introduce, store or divulge in, or from the Website, any information or material which might be defamatory, libellous, obscene, threatening, xenophobic, or which might incite violence or discrimination for reasons of race, sex, ideology, religion or any other form which might attack the morals, public order, fundamental rights, public freedom, or the image of third parties and in general, current legislation.
f) Not to enter, store or divulge, through the Portal, any content which contravenes intellectual or industrial property rights or business secrets, to third parties, nor in general any content to which you do not have the right to make available to third parties.
2.2 EXONERATON OF RESPONSIBILITY
TERRA MÍTICA created this Website with information from internal and external sources and it is offered to Users in its current state, with the possibility of including imprecise or erroneous information. TERRA MÍTICA cannot guarantee the availability or continuous nature of the Website and its products, services or contents, as seen in the same, nor that the existing content on the Website may not contain errors or be up to date, thus exonerating itself from all liability for the damage and consequences of any nature which may be caused by such circumstances. Whenever information is made available to TERRA MÍTICA as regards errors, poor connection or wrongly updated information, TERRA MITICA shall, whenever circumstances do not make it impossible or difficult to undertake, take appropriate measures to rectify the same. Moreover, TERRA MÍTICA does not guarantee the technical reliability of the Website nor access to the different pages, nor the reliability of information provided by Third Parties through the Website, thus exonerating itself from all liability for the damage and consequences of any nature which may be caused by the lack of accuracy, availability, continuity, description, updating and the nature of such content.
TERRA MÍTICA declares and guarantees that its Website offers the technology, (software and hardware) required as of today, for the access and use of the same. Nevertheless, TERRA MÍTICA does not guarantee the possible existence of virus or other harmful technological elements on the Website, which might affect the User’s computer systems, if introduced by Third Parties. Moreover, TERRA MÍTICA declares that the present Website has adequate security systems in relation to current technology.
Moreover, TERRA MÍTICA does not accept responsibility for possible errors of shortcomings in security which might occur due to the use by the User of an insecure or not-updated browser version, or as a result of the activation of devices for storing User passwords or access codes in browsers or damage, errors or imprecision which may result from unsuitable use of the same.
El User shall be liable for harm and resulting loss of any type which TERRA MÍTICA might suffer as a direct or indirect consequence of non-compliance on the part of the User of the General Conditions and especially of the Individual Conditions.
If any User considers that the content of the TERRA MÍTICA Website is illicit or detrimental to the User’s goods or rights or those of a third party, they should inform TERRA MÍTICA by means of an e-mail message to email@example.com.
2.3 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The structure, design, presentation format of the elements [including all fragments, graphs, images, audio, files, logos, colour combinations, databases and any other element liable to be protected] are protected by the rights concerning intellectual property, the owner being TERRA MÍTICA.
The reproduction, transformation, distribution, public communication, availability to the public and any other form of exploitation, partially or wholly of the elements referred to in the preceding paragraph, are prohibited. This type of exploitation may only be carried out with the express authorisation of TERRA MÍTICA and which, in any case, supposes that full references shall be given as to the ownership of said rights, these being the intellectual property of TERRA MÍTICA.
In the same away, under no circumstance is use to be made of the distinctive signs [brands and/or commercial names] belonging to TERRA MÍTICA, it partners or sponsors. The User is only authorised to make private use of documentary material created and made available by TERRA MÍTICA, whether this be free or in exchange for payment.
2.4 LINKS TO OTHER WEBSITES
The Website may make available to Users, technical tools, links, such as hypertext, banners, buttons, directories and any other search tool, which allows the User to enter Websites other than www.terramiticapark.com. The inclusion of said links is solely to enable Users to see information made available by third parties and does not imply that TERRA MÍTICA promotes, endorses, guarantees or recommends said Sites. The links included on the TERRA MÍTICA Website are offered solely for informative references, with no opinions expressed at to content, ownership, services or products offered on the same.
The User should take the utmost care in evaluating and using said links, exonerating TERRA MÍTICA of all and any liability in relation to the information, data, files, products, services or any other type of material which exists on the pages which may thus be accessed.
Notwithstanding, except in the case of express authorisation from TERRA MÍTICA, links to “final pages” or “frames” are not allowed, nor any similar actions. Links must be to the Home page or to www.terramiticapark.com
Between the User and TERRA MÍTICA for the effects of the present General Conditions, and for any communication required between TERRA MÍTICA and the User, this should be addressed, using e-mail, to firstname.lastname@example.org or in written form to Customer Service Department, Ctra. de Benidorm a Finestrat, Camino del Moralet s/n 03502 Benidorm-Alicante.
Communication from TERRA MÍTICA to the User shall be carried out in accordance with the data supplied by the same during registration on the Website.
The User expressly accepts that for all communication related to the Website and/or the purchase of products and/or services offered, the use of e-mail shall be accepted as valid for the transmission of said communication.
2.6 COMMERCIAL MESSAGES VÍA E-MAIL
TERRA MÍTICA may inform Users about its products, services, promotions or commercial offers by the e-mail address made available by the same.
In accordance with the stipulations of Law 34/2002, of 11th July, on Services of the Information Society and E-mail [LSSICE], authorisation by the User shall be requested, in order to use their e-mail with this aim.
At any time, the User may revoke permission given by means of e-mail, at
email@example.com indicating clearly, their Identification Number, name and surnames.
2.7 NULLITY AND UNINFORCEABILITY OF THE CLAUSES
If any clause of the present General Conditions were to be declared null or unenforceable, such nullity or unenforceability shall only be considered to affect said section or part of the same, leaving intact the rest of the General Conditions and taking into account said condition, or the part of the same which might be affected, unless its nature affects the essence of the present General Conditions, as having some governance of the same in its entirety.
2.8 APPLICBLE LEGISLATION. JURISDICTIONAL RIGHTS.
The present General Conditions of Access and Use and where applicable, Individual Conditions, shall be governed by Spanish Law, which shall be applied if not specified in this contract as regards the interpretation, validity and execution of the same. The parties to the same forego their own jurisdictional rights and submit to the authority of the Courts and Tribunals of Alicante to resolve any differences which might arise due to the interpretation or execution of the present General and Individual Conditions.