Conditions of Use
1.1. Through these conditions (heretofore, Conditions of Use) access, surfing and use of the web page (heretofore, the Web) is regulated as well as the responsibilities deriving from the use of its contents (including texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information as well as any other creation protected by national and international norms on intellectual and industrial property on the part of each and every surfer or user that visits it (heretofore, the User).
1.2. Through the Conditions of Use it also regulates the sending by any medium (especially by mail or e-mail) or the upload of texts, drawings, photos and digital videos to Ballet Papier its circulation through the Webs.
1.3. The Web belongs to Maria Angela La Placa copy rigth, with address at c/Oriol Mestres 11, 1ª 2ª, in Barcelona, Spain.
1.4 It is understood that both the surfing the Web as well as the sending or upload of a text, photograph, video or any other type of content (heretofore, Materials) on the part of the User implies total adherence without reserve to each and every one of the Conditions of Use.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
2.1. Maria Angela La Placa is title-holder or licensee of the exploitation rights of intellectual property and industrial property of the Web Ballet Papier and of the contents available through it.
2.2. In no case will it be understood that the fact of allowing access to the Users implies a renouncement, transmission, licence or total or partial surrender of these rights on the part of Maria Angela La Placa.
2.3. It is expressly forbidden to suppress, ignore or manipulate the warning of copyright and any other identification data of the rights of Maria Angela La Placa.
2.4. The reproduction, distribution, modification, commercialization, de-compilation, disbanding, the carrying out of techniques of inverse engineering or of any other kind in order to obtain the source code of the Web or of any of the integrated elements and utilities within the Web constitutes an infraction of the rights of intellectual property of Maria Angela La Placa.
2.5. Likewise, it is prohibited to modify, copy, re-use, exploit, reproduce, communicate publicly, make second or later publications, load files, send by post, transmit, use, treat or distribute in any way the total or any part of the contents included in the actual Web for public or commercial purposes, except if Maria Angela La Placa so authorizes it.
2.6. The reproduction, plagiarism, distribution or public communication of any of the contents available on the Web, without the authorization of Maria Angela La Placa, constitutes an offence of the type outlined in the First Section of Chapter XI of the Thirteenth Title of the Spanish Penal Code, arts. 270 and following ones, where the “offences related to intellectual property, and industrial, to the market and the consumers” are governed For those who commit crimes of this kind prison sentences are contemplated of up to four years in addition to the resultant fines and civil responsibilities which may arise from these kinds of actions.
2.7. Equally, copyright is protected at an international level by the Berne Convention, The Universal Convention of Geneva on Copyright laws, the Agreement of the Union of Paris and the Agreement of Montevideo, all of these ratified by Spain.
3. GUARANTEES AND RESPONSIBILITIES
3.1 Maria Angela La Placa does not guarantee the lawfulness, trustworthiness, veracity or exactness of the data, programs, information or opinions that are accessible on the Web.
3.2 Maria Angela La Placa does not guarantee (i) the continuity and accessibility of the contents of the Web; (ii) the absence of errors in these contents (iii) the absence of virus and/or other harmful components in the Web or in the server which supplies them; (iv) the vulnerability of the Web (v) the damage and prejudices that it causes, to itself or to a third party, any person that infringes the conditions, norms and instructions which Maria Angela La Placa establishes in the Web or that harm the security systems of the Web.
4.1. The User could find links in the Web to other web pages through different keys, links, banners and others. Maria Angela La Placa does not accept any responsibility for any aspect related to the web pages or sites that establish a link within the Web.
4.2 Maria Angela La Placa will not control nor approve any information, content, product or service facilitated in web pages which do not belong to Maria Angela La Placa and which have established links to this Web. Maria Angela La Placa does not accept any kind of responsibility for any aspect related to the web page or sites that establish a link to the Maria Angela La Placa ‘s Webs.
5. DURATION AND MODIFICATION
5.1. Maria Angela La Placa may modify the terms and conditions stipulated here at any time and in a unilateral manner.
5.2. Maria Angela La Placa may end, suspend or unilaterally interrupt at any moment without any previous warning, the access to the contents of the Web, without the User being able to demand any kind of compensation for this.
6.1. The User will be the only one responsible for sending or uploading material to the Web and for the publication or spreading of these through the Web. The User who sends or uploads Materials to the Web guarantees that these are of his own creation or that they already have the license and necessary permission to authorize Maria Angela La Placa to publish and circulate the Materials.
6.2. The User guarantees that he has the consent in writing of each and every identifiable person that appears in the Materials for the publication and circulation of their image, and in those cases, their names, through the Web.
6.3. The User guarantees that the Materials that he sends or uploads to the Web do not mean and kind of harm to third parties or to Maria Angela La Placa. More concretely, the User guarantees that the Materials do not include images, sounds or texts that could be in any way illegal, morally reprehensible, libelous, threatening, pornographic or racist. The User guarantees that the Materials do not infringe any rights of image, intellectual property nor industrial property nor do they indecently assault the honour or dignity of any person. The participant guarantees that the Materials, their publication and circulation by any medium, do not infringe any penal law or that of any other kind.
6.4. The User that sends or uploads Materials to the Web automatically concedes a free license to Maria Angela La Placa, yet not exclusive, and sub-licensable to third parties for the use, reproduction, distribution, transformation, public communication of the Materials and available for the public throughout the world and for the maximum period of time foreseen for granting in article 26 of the Revised Text of Copyright Laws. By virtue of the aforesaid law, the User authorizes Maria Angela La Placa to distribute and circulate the Materials in any medium whatsoever, and more particularly through the Internet. This conceded license does not oblige Maria Angela La Placa to publish or circulate of the Materials. Maria Angela La Placa will freely decide if it publishes certain Material as well as when and for how long it will have this Material published.
6.5. Maria Angela La Placa rejects all responsibility deriving from the publication or circulation of the Materials of the User Maria Angela La Placa will withdraw any Material liable to be an infraction of rights of intellectual property or industrial property, rights of image, rights of honour and intimacy or any other legal precept, whenever the existence of any such infraction is properly notified to them. The User will answer to third parties and to Maria Angela La Placa for any court claim or any out-of-court claim put forward in relation to the Materials, their publication or their circulation in any media whatsoever.
7. PERSONAL DATA
7.1. Maria Angela La Placa informs the Users that the data which they facilitate through the systems for the sending of content and consulting, customer care and other formulae which are included in the Web will be included in an automated data-file of Maria Angela La Placa set up with the aim of allowing responses and replies to the consulting or suggestions sent in. It will also allow for the handling of publications and circulation of the Contents and send news, novelties and commercial offers to the Users whenever this has been previously requested by them. These dealings will be carried out in accordance with what is established in the Organic Law of Personal Data Protection.(Ley Orgánica de Protección de Datos de Carácter Personal). Likewise, the Users are informed of their rights of access, rectification, cancellation and, in its case, opposition, and these can be made by checking the indicated address in the first condition of this document.
8.1. The headings of the distinctive conditions are only informative, and they will not affect, qualify or amplify the interpretation of the Conditions of Use.
8.2. Should any of the provisions set out of these Conditions of Use be considered null or inappropriate, in total or in part, by any Court, Tribune or competent administrative organism, this nullity or non-application will not affect the other provisions of the Conditions of Use nor the particular conditions of the different services of the Web.
8.3. The non-exercise or nil action taken by Maria Angela La Placa of any right or provision contained in these Conditions of Use does not constitute a renunciation of these, except by a written acknowledgement and agreement on their part.
9.1. These Conditions of Use are governed by existing Spanish law.
9.2. The parties, with express renunciation of their jurisdiction, yield all interpretations or conflicts that may arise from these Conditions of Use to the Courts and Tribunals of Barcelona, Spain.