1. GENERAL INFORMATION
The domain https://www.apricots.es/ is owned by Sumando Azul, S.L. (hereinafter, Apricots), registered in Barcelona: Còrsega, 252 Bj, Post Code 08008, Barcelona; with VAT number: B67327270; and registered in the Company Register of Barcelona in Volume 46675, Folio 153, Page 527409, Registration 1.
The company manages its web portal through the domain https://www.apricots.es, notwithstanding, whether on occasion or permanently, there may be other electronic addresses allowing access to the contents and services provided through www.apricots.es.
You can get in contact with us by email: legal@apricots.es or you can call us on (+34) 683 522 594.
2. USER ACCESS
The Apricots’ portals access and/or usage confers the status of user and implies the acceptance of the conditions stated herein, as well as the acceptance of our privacy policy and personal data usage conditions. The beforementioned will apply regardless of the contract’s general conditions and the e-commerce derived from the usage of the functionalities offered by the portal. The user agrees to use the services and informationprovided in the portal www.apricots.es in line with good faith criteria.
Apricots will not be liable, directly nor indirectly, for any kind of damage and/or loss derived from the usage of its portals when such usage has been different to the established herein.
We can, at any time and without prior notice, modify this Legal Notice by publishing such changes on the portal www.apricots.es to make it public to its users.
In the case that, due to using certain functions or services, the registration of the user was required, it will be done through data collection forms and according to the personal data protection legislation described herein.
All the services offered by www.apricots.es are exclusively directed to adults. Website’s usage and/or any other kind of request or booking by an underage person is strictly prohibited.
3. USER OBLIGATIONS
Included, but not limited to, the user agrees to:
Use their real identity in all website’s forms, on the blog and on all the other associated social networks. Impersonation of individuals and/or entities is prohibited;
Not publishing, storing or disseminating any kind of defamatory, insulting, obscene, threatening, xenophobic informationon the website that could potentially prompt violence and/or discrimination based on race, sex, ideology, religion or any other attempting against morality, public order, fundamental rights, public liberties, honour, privacy or the image of third parties, or go against current applicable general regulations;
Not publishing, storing or disseminating, on or from, www.apricots.es, any content that infringes Intellectual and/or Industrial property rights, communication secrets (COMSEC), nor personal data protection legislation;
Not publishing, storing or disseminating any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument, electronic or physical, that could be likely to cause damage to the website, Apricots’ users, suppliers, or, in general, to any other third party; and/or that could prevent the normal functioning of the website;
Not destroying, altering or using for one’s own disposal, disabling or damaging Apricots, its suppliers and their third parties’ data, information, programs or any other electronic documents;
Not taking any action that could result into disproportionate or unnecessary saturation of the Apricots website’s infrastructure, systems or networks, as well as of the systems and networks connected to www.apricots.es.
4. PROTECTION OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Intellectual and Industrial Property rights of apricots.es are owned by Apricots, including all content and graphic elements, source code, design, navigation structure, databases and other elements from the website. Therefore, any exercise of exploitation rights, particularly, the rights of reproduction, distribution, public communication and transformation belong exclusively to Apricots. Any use or reproduction that users make of these contents, or in the forthcoming ones, must be done following the provisions and respecting the limitations of Intellectual Property regulations and, in any case, with the authorisation of Apricots, subject to the limits established by the Royal Decree 1/1996, of April 12th, which approves the Intellectual Property Law’s text. Including but not limited to, all the programming, editions, compilations, designs, brands, logos, images, texts and graphics of www.apricots.es are owned by Apricots and are protected by national and international regulations on Intellectual Property. The user’s access to www.apricots.es does not grant any property rights over them.
This Legal Notice does not imply any transfer of rights in favour of the user for any of the components of www.apricots.es or its contents.
It is not authorised under any circumstances:
*To show www.apricots.es portal or any of its contents in a window that does not belong to www.apricots.es through any technique or procedure whatsoever, including framing, in line linking, etc.
* To extract website’s elements that may cause damage to apricots.es in accordance with the current applicable provisions.
* To commercially use the contents of www.apricots.es website.
* To use trademarks or logos, colour combinations, structure, design and generally distinctive symbols of any kind, which are Apricots’ property, without prior due authorisation from the company.
* To use content in illicit or illegal activities or contrary to good faith and public order.
* To cause damage to the physical and logical systems of Apricots, its suppliers and third parties; introducing or spreading computer viruses, nor other physical or logical systems, that are likely to cause any kind of damage beforementioned.
* To try to access and, if relevant, to use email accounts of other users to modify or manipulate their messages.
The user can view the contents of the portal, copy them, print them on their computer or any other device exclusively for their own personal and private’s use.
If you find any content that may infringe Intellectual and Industrial property rights in www.apricots.es or when using the service, please legalrm Apricots, as soon as possible, by sending an email to: legal@apricots.es.
5. PERSONAL DATA PROTECTION
A) Data collected through forms
When providing your personal data through www.apricots.es portal, your data will be subject to the provisions of the Organic Law 15/1999, of December 13th, on protection of personal data rights, and the rest of the applicable regulations. The data will be processed for the purposes indicated in the corresponding notices and will be included in the personal data file. In order to exercise access, rectification, cancellation or opposition’s rights in relation to your personal data processed by Apricots, under the terms and conditions provided in title III of the LOPD, you can get in contact with us by email: legal@apricots.es, or at the Sumando Azul, S.L. address shown at the beginning of this Legal Notice.
B) Navigation data
The navigation system, and the program required for the operations of this website, collect, in a standard manner, some transmission data for which the use of Internet communication protocols is implicit. This category of data contains the IP address or domain name of the computer used by the user to connect to the web page, the URL of the requested resource, the time, the method used for the query on the server, the measurement of the file obtained in the response, the numerical code that indicates the status of the response in the server, and other parameters related to the operating system of the user’s computer environment.
This informationis not associated to specific users and is used for the sole purpose of obtaining statistical informationabout the use of www.apricots.es website.
apricots.es does not use 'cookies' or other means of analogous nature for the processing of personal data to allow for the identification of specific individuals, users of the electronic site. The use of these means is reserved exclusively for collecting technical informationin order to facilitate user’s accessibility and a safe and efficient browsing of the electronic headquarters of apricots.es, or for measurement and data analysis of anonymous audiences.
C) Cookies Policy.
Who uses the informationstored in cookies?
The informationstored in our website’s cookies is used exclusively by us, except for those identified below as third-party cookies, which are used and managed by external entities to provide services requested by us so to improve our services and your user experience when browsing our website. Obtaining access statistics, is the main service for which these third-party cookies are used.
How can I avoid the use of cookies on this website?
If you rather avoid the use of cookies on this website, considering the above limitations, you shall disable the use of cookies in your browser first and then delete the cookies stored in your browser associated with this website. The possibility of avoiding the use of cookies can be carried out by you at any time.
How do I disable and eliminate the use of cookies?
To restrict, block or delete cookies at any time from this website you shall modify your browser’s settings according to the guidelines below. Although each browser’s settings are different, this option is generally located in the settings section of 'Preferences' or 'Tools'. For more details about the configuration of cookies in your browser, see the 'Help' menu of your browser.
What specific cookies does this website use and for what purpose?
Technical and personalization cookies:
Used to identify users during their sessions, to prevent them from having to repeat authentication processes on the web, speeding up some website’s processes, remembering selections made during the sessions or in subsequent accesses, remembering pages already visited, etc.
Session’s identification cookies:
Used to identify the users’ http session. This cookie is common in all web apps so to identify requests from users in sessions.
Navigation state cookies:
Used for the identification of the users’ state of navigation (start of the session, first page, first access, state of a scroll, state of a vote, etc.).
Navigation analysis cookies:
Used to obtain generic informationabout users’ website accesses (not to the content in itself), to provide us with aggregate informationrelated to the beforementioned accesses, for statistical purposes.
Google Analytics:
Used to track the website via the Google Analytics tool, which is a service provided by Google to obtain informationon user’s accesses to websites. Some of the data stored for further analysis includes: the number of times a user visits the webpage, the dates of the user's first and last visits, the duration of such visits, tracking which page the user accessed the web from, etc. The settings of these cookies are predetermined by the service offered by Google, so we suggest checking Google Analytics’ privacy settings page on http://www.google.com/intl/es/analytics/privacyoverview.html to obtain more informationregarding cookies usage and to find out how to disable them (taking into consideration that we are not responsible for the content or the veracity of the websites from third parties).
6. RESPONSIBILITY IN TERMS OF CONTENT
Apricots reserves its right to modify or delete the content of the website, as well as to limit or prevent access to it, either temporarily or permanently, without prior notification.
Apricots is not responsible for the technical access, informationor content shown on other web pages to which you may be redirected or linked to from www.apricots.es. Apricots does not necessarily identify with the opinions expressed by its contributors.
informationabout the links accessible from apricots.es:
Apricots is just responsible for its website and not for others, which may be accessed through links or content made available by third parties.
Any link or access to a non-owned website will be at the sole risk of the user, and Apricots does not recommend or guarantee any informationobtained through a link outside apricots.es. Likewise, Apricots is not responsible for the loss, claim or damage resulting from the use or misuse of a link, nor the informationobtained through it, including other links or websites, nor from the interruption in the service or access, nor from attempting to make use or misuse of a link, both when attempting to connect to apricots.es and when accessing other websites’ informationfrom Apricot’s website.
The content of www.apricots.es complies with the Spanish legislation. Apricots’ responsibility cannot be appealed in the case of services not being aligned with the other countries’ legislations. It is, therefore, up to users outside of Spain to verify the legality of our content in their respective countries.
We will only be liable for damages that the user may face when using www.apricots.es, and when such damages are directly connected to a malicious or negligent action from Apricots, provided that in the user’s actions there were no previous fault or negligence. There would not be, in any case, fraudulent or negligent action from Apricots when proving its compliance with the legally and statutorily established requirements and regulations and the other responsibilities and diligence required by the nature of the service.
We do not control, in general terms, users’ usage of www.apricots.es. Particularly, we cannot guarantee, under any circumstances, that users are making appropriate use of these services, in accordance with the law, this Legal Notice, morality and the generally accepted good practices and public order, nor that they do so in a diligent and prudent manner.
7. WARRANTY EXCLUSION
We do not guarantee that navigating through www.apricots.es will happen without interruptions in a timely, reliable or errorless manner. We do not guarantee that apricots.es and the server are free of viruses and we are not to be held responsible for any damage or loss that may arise from interferences, omissions, interruptions, computer viruses or disconnections in the operating system of the electronic system, incurred from outside of Apricots.
It is the user's responsibility to take all appropriate technical measures to reasonably control these risks and avoid damage on their equipment, loss of data and theft of confidential legalrmation. For this purpose, you shall have in place up-to-date malware detection systems, such as viruses, trojans, etc., as well as making sure that the security patches of the browsers used are up-to-date.
We are committed to carrying out our best efforts to avoid errors in the content shown on www.apricots.es. In any case, we will be exempt from any liability arising from possible errors in the contents that may appear on it.
We will not be held responsible for the content of third parties that we may transmit, lodge or for which we facilitate access to, when we only act as a mere intermediary. In any case, we promise to immediately remove whatever illegal content from www.apricots.es, or the applicable service, as soon as we know of its existence.
8. EXCLUSION RIGHTS
Apricots reserves its right to deny or withdraw access to its websites and/or the services offered without providing prior notice, whether to its own or a third party’s website, to those users who fail to comply with these general conditions.
9. SUBSCRIPTIONS
Subscriptions to products edited by Apricots carried out through www.apricots.es will be voluntary and will imply the acceptance of the conditions established for each instance; conditions that the user shall expressly accept. Subscriptions will also imply the acceptance of receiving commercial informationregarding Apricots’ products and services. Registering for this service implies the authorisation to be sent this type of communications by Apricots. The user has the right to revoke the authorisation, through a written communication to Apricots, and which Apricots shall specify for each individual case.
10. GENERAL CONSIDERATIONS
Apricots will persecute the breach of these conditions as well as any improper use of its websites, exercising all civil and criminal procedures required by its rights. Apricots cannot guarantee that the portal and the server will be free of viruses, so it is not to be held responsible for any damages or losses caused by these anomalies or any other challenge of technical nature.
11. MODIFICATION OF THE PRESENT CONDITIONS AND DURATION
The services offered in www.apricots.es have an indefinite duration. Notwithstanding the foregoing, Apricots is entitled to withdraw, suspend or discontinue its services’ offer unilaterally, at any time, and without prior notice.
Apricots may modify the conditions established herein at any point, being duly published as it is now. The validity of the beforementioned conditions will be based on their exposure and will be in force until the modified conditions are duly published.
12. APPLICABLE LAW AND JURISDICTION
The relationship between Apricots and its users will be governed by the current Spanish and European regulations, and any arising controversy will be submitted to the trials and courts of Barcelona city.