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LEGAL NOTICE AND ACCEPTANCE BY THE USER

 

This legal notice governs the use of the service of the following Internet website:

 

www.gigantia.es

 

(hereafter “the Website”) owned by Gigantia Soluciones visuales (hereafter “Gigantia”), with registered offices at C/ Julián Camarillo, nº 59, Edificio E 39, 28037 (Madrid).

The use of the Website attributes the condition of user (hereafter “User”) and implies the full and unreserved acceptance of each and every one of the dispositions of this Legal Notice included in the version published by “Gigantia” at the moment at which the User accesses the Website. Consequently the User must read the present Legal Notice attentively every time they use this Website, as it may be subject to modification.

The use of certain services offered to Users via the Website are subject to their own and specific conditions (hereafter, “Specific Conditions”) which, as appropriate, replace, complete and/or modify the present Legal Notice. Therefore, before using these services, the User must also read the corresponding Specific Conditions attentively.

In addition, the use of the Website is equally subject to all the notices, use regulations and instructions made known to the User by “Gigantia” that replace, complete and/or modify this Legal Notice.

 

  1. OBJECT

Through this Website, “Gigantia” facilitates to Users the access and use of various services and content (hereafter, the “Services”) made available by the former or by third parties.

 

  1. CONDITIONS OF ACCESS AND USE OF WEBSITES

–Free nature of the access and use of the Website

The provision of the Services by “Gigantia” is free of charge to Users. Nevertheless, some of the Services supplied by “Gigantia” or by third parties via the Website are subject to payment of a price as determined in the corresponding Specific Conditions.

-User Registration

In general the provision of the Services does not require the previous subscription or registration of the Users. However, “Gigantia” subjects the use of some of the Services to prior completion of the corresponding form or User or client account, which is clearly available on this Website. In addition, “Gigantia” provides some Services to Users, the use of which requires additional forms to be completed. This registration will be carried out as expressly indicated in the Service itself or in the Specific Regulations that govern it, and always in compliance with the stipulations of the Data Protection Act (LOPD).

For minors to use the Services, they must previously obtain permission from their parents, tutors or legal representatives, who will be held responsible for all acts performed by minors in their care.

Full responsibility in determining the contents and Services that minors have access to belongs to the adults responsible for them.

-Veracity of information

All information provided by the User via the Services must be truthful. To these effects, the User guarantees the authenticity of all details they communicate as a result of the completion of forms necessary to the subscription to the Services. Likewise, the User is responsible of keeping all information provided to “Gigantia” permanently updated so that it corresponds at all times to the real situation of the User. In any case the User is solely responsible for false or inexact indications they make, and for the damages they may cause to “Gigantia” or to third parties because of the information they provide.

–Obligation to make correct use of the Website and its Services

The User undertakes to use the Website and the Services in accordance with the law, this Legal Notice, the Specific Conditions of certain Services and other notices, use regulations and instructions made known to them, as well as with the generally accepted ethics, good customs and public order.

To this effect, the User will refrain from using any of the Services with purposes that are illegal, forbidden by this Legal Notice, which cause damage to third party rights and interests, or that may in any way harm, render useless, overload, deteriorate or prevent the normal use of the Services, computer equipment or documents, files and all type of contents stored on any computer equipment (hacking) owned by “Gigantia”, other Users or any other Internet user (hardware and software).

The User agrees not to transmit, divulge or make available to third parties any information, data, contents, messages, graphics, designs, sound or image files, photographs, recordings, software and in general any kind of information that:

(a) is in any way contrary to, impairs or infringes the fundamental rights and public liberties recognised in the constitution, in international treaties and in any other legislation;

(b) induces, incites or promotes actions that are criminal, degrading, defamatory, defaming, violent or in general contrary to the law, to ethics and to the generally accepted good customs or public order;

(c) induces, incites or promotes discriminatory actions, attitudes or thoughts on account of sex, race, religion, beliefs, age or status;

(d) incorporates, makes available or permits access to fraudulent, violent, offensive, harmful, degrading products, elements, messages and/or services or which are, in general, contrary to the law, to morals and to the generally accepted good customs or public order

e) induces or may induce an unacceptable state of anxiety or fear;

(f) induces or incites to be involved in practices that are dangerous, risky or harmful to health and mental balance;

(g) is false, ambiguous, inexact, exaggerated or extemporaneous, that induces or may induce to error with regard to its purpose or the intentions or aims of the issuing party;

(h) is protected by any intellectual or industrial property rights belonging to third parties, without Users having previously obtained the necessary authorisation from its holders to carry out the use they make or intend making;

(i) infringes third party corporate secrets;

(j) is contrary to the right to honour, to personal and familiar intimacy or to the image of persons;

(k) in any way impairs the credit of “Gigantia” or of third parties;

(l) infringes the regulations on secrecy of communications;

(m) constitutes, if applicable, illegal, deceitful or unfair publicity and, in general, constitutes unfair competition;

(n) incorporates viruses or other physical or electronic elements that may damage or prevent the normal functioning of the network, of the system or of electronic devices (hardware and software) of “Gigantia” or of third parties or that may damage the electronic documents and files stored in those electronic devices;

(o) due to its characteristics (such as format, extension, etc.), induces difficulties in the normal operation of the Service;

(p) contains HTML tags different to those expressly authorised by “Gigantia”.

-Obligation to make a correct use of the Contents

The User undertakes to use the contents made available to them on the web site, these being understood to be without being limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as their graphic design and source codes (hereafter, the “Contents”), in accordance with the law, this Legal Notice, other notices, rules of use and instructions made known to them, as well as with the moral and generally accepted good customs and public order, and in particular they undertake to refrain from:

(a) reproducing, copying, distributing, making available or in any other form publicly communicating, transforming or modifying the Contents, except with the authorisation of the holder of the corresponding rights or when permitted by law;

(b) suppressing, manipulating or in any other form altering the “copyright” and other data identifying the rights reserved to “Gigantia” or its holders, of fingerprints or any other technical means established for their recognition.

The User must refrain from obtaining and even trying to obtain the Contents using means or procedures other than those with which they have been provided, in each case, for this purpose or which have been indicated to this effect on the web page where the Contents are found or, in general, those regularly used on Internet to this effect provided they entail no risk of damaging or rendering useless the Web site, the Services and/or the Contents.

–Use of the Services offered on the Website in accordance with the Anti-Spamming Policy of “Gigantia”.

The User undertakes to refrain from:

  1. a) Compiling data for advertising purposes and sending advertising of any type and communications for sales purposes or for any other commercial purpose, without prior request or consent;
  2. b) Sending any other messages without prior request or consent to a group of people;
  3. c) Sending electronic chain mail without prior request or consent;
  4. d) Using distribution lists found via the Services to carry out previously mentioned activities, and making data compiled from distribution lists available to third parties with any purpose.

Users or third parties harmed by the receipt of non requested messages aimed at a group of people may inform “Gigantia” of this by sending a message to the following email address: hello@gigantia.es

-PROPERTY RIGHTS

All brands, commercial names, or distinctive signs of any kind appearing on this website are the property of Gran Formato Gráfico S.L. (Gigantia) or of third parties, without it being understood that the use or access to the Website and/or Services grants the User any right to these brands, commercial names, or distinctive signs.

Similarly, the Contents are intellectual property of “Gigantia” or third parties, and under the rules of this Legal Notices none of the exploitation rights that exist or may exist on these Contents may be considered as granted to the User, except those that are strictly necessary for the correct use of the Website and Services.

-EXCLUSION OF GUARANTEE AND LIABILITY

Exclusion of guarantees and liability for the operation of the Website and Services offered on it.

Availability and continuity, utility and fallibility.

“Gigantia” does not guarantee the availability and continuity in operation of the Websites and Services. When reasonably possible, “Gigantia” will give prior notice of interruptions in the operation of the Website and Services. “Gigantia” also does not guarantee the utility of the Website and Services in carrying out any specific activity, nor its infallibility, and in particular although not exclusively, that the Users may effectively use the Website and Services.

Privacy and security of the use of the Website and Services.

“Gigantia” does not guarantee the privacy and security of the use of the Website and Services and in particular does not guarantee that non-authorised third parties cannot have knowledge of the type, conditions, characteristics and circumstances of the use that Users make of the Website and Services.

“Gigantia” disclaims, within what is permitted by legal order, any responsibility for contingent damages of any nature that may arise from the knowledge of third parties of the type, conditions, characteristics and circumstances of the use that Users make of the Website and Services.

Exclusion of guarantees and liability for the Contents.

“Gigantia” neither monitors nor guarantees the absence of viruses or other elements in the Contents that may alter your computer system (software and hardware) or the electronic documents and files stored on it.

“Gigantia” disclaims, within what is permitted by legal order, any responsibility for contingent damages of any nature that may arise from the presence of viruses or other elements in the Contents that may alter computer systems or the users’ electronic documents and files.

Legality, reliability and utility of contents

“Gigantia” does not guarantee the legality, reliability or the utility of the Contents.

“Gigantia” disclaims, within what is permitted by legal order, any responsibility for contingent damages of any nature that may arise from the transmission, distribution, storage, making available, receipt, acquisition of or access to the contents and in particular although not exclusively, for contingent damage that may arise from:

  1. a) the failure to comply with the law, morality and generally accepted good customs or public order as a result of the transmission, distribution, storage, making available, receipt, acquisition of or access to the contents;
  2. b) the infringement of industrial and intellectual property rights, corporate secrets, contractual commitments of any kind, rights to honour, personal and familiar intimacy and image of persons, property rights and rights of any other nature belonging to third parties as a result of the transmission, distribution, storage, making available, receipt, acquisition of or access to the contents;
  3. c) engaging in acts of unfair competition and illegal advertising as a result of the transmission, distribution, storage, making available, receipt, acquisition of or access to the contents;
  4. d) the lack of veracity, precision, exhaustiveness, pertinence and/or updating of the contents;
  5. e) the unsuitability for any type of purpose and non-fulfillment of expectations generated by the contents;
  6. f) the non-fulfillment, delay in fulfillment, defective fulfillment or termination for any reason of the obligations contracted by third parties and contracts carried out by third parties via or on the occasion of access to contents;
  7. g) the vices and defects of contents transmitted, distributed, stored, made available, in any other way received or acquired, or those accessed to via the website or services.

Veracity, precision, exhaustiveness and updating.

“Gigantia” does not guarantee the veracity, precision, exhaustiveness and updating of contents.

“Gigantia” disclaims, within what is permitted by legal order, any responsibility for contingent damages of any nature that may arise from the lack of veracity, precision, exhaustiveness and updating of contents.

“Gigantia” disclaims, within what is permitted by legal order, any responsibility for contingent damages of any nature that may arise from services provided by third parties via the website and in particular although not exclusively the contingent damages that may arise from:

1) the failure to comply with the law, morality and generally accepted good customs or public order as a result of the provision of services by third parties via the website;

2) the infringement of industrial and intellectual property rights, corporate secrets, contractual commitments of any kind, rights to honour, personal and familiar intimacy and image of persons, property rights and rights of any other nature belonging to third parties as a result of the provision of services by third parties via the website;

3) engaging in acts of unfair competition and illegal advertising as a result of the provision of services by third parties via the website;

4) the lack of veracity, precision, exhaustiveness, pertinence and/or updating of the contents transmitted, distributed, stored, received, acquired, made available, or accessible via services provided by third parties via the website;

5) the unsuitability for any type of purpose and non-fulfillment of expectations generated by the services provided by third parties via the website;

6) the non-fulfillment, delay in fulfillment, defective fulfillment or termination for any reason of the obligations contracted by third parties and contracts carried out by third parties via or on the occasion of the provision of services by third parties via the website;

7) the vices and defects of services of any kind provided by third parties via the website.

All forms of responsibility will be excluded for contingent damages of any kind that may arise from the use of the services and contents by users or that may arise from the lack of veracity, validity, exhaustiveness and/or authenticity of the information provided by users to other users about themselves and in particular although not exclusively, for contingent damages of any kind that may arise from identity fraud of a third party carried out by a user in any kind of communication made via the website.

 

  1. PERSONAL DATA PROTECTION

In order to use some of the Services, the Users must previously provide “Gigantia” with certain personal details (hereafter, the “Personal Data”). “Gigantia” will process the Personal Data, having declared a file named “WEB USERS” to the Data Protection Agency (www.gigantia.es), responsability of Gran Formato Gráfico S.L. with the aim of managing raised queries and appointment requests for Gigantia via its website www.gigantia.es, as well as the delivery of electronic communications regarding marketing and loyalty actions and others necessary to the correct provision of the service, under the terms determined in their Privacy Policy published at the following link https://www.gigantia.es

“Gigantia” has adopted the legally required security standards for personal data protection and undertakes to install additional protection means and technical measures. However, the User must be aware that security measures on the Internet are not invulnerable.

 

  1. PROCEDURE IN THE EVENT OF ILLEGAL ACTIVITIES 

In the event where any User or a third party considers that events or circumstances exist that reveal the illegal use of any Content and/or the performance of any act on the web pages included in or accessible via the Website, and in particular the infringement of industrial and intellectual property rights (patents, industrial designs and models, brands and trade names, etc.) or other rights, they must notify “Gigantia” and include in their communication the following:

(a) personal details of the claimant: name, address, telephone number and email address;

(b) description of the supposed illegal activity carried out on the Website and in particular, when this is a supposed infringement of rights, the precise and specific indication of the protected contents and their location on the website;

(c) events or circumstances that reveal the illegal character of the activity;

(d) in the supposition of right infringement, the written signature or equivalent along with the personal details of the holder of the supposedly infringed rights, or of the person authorised to act in name and on account of them;

(e) the explicit, clear declaration under the responsibility of the claimant, that the information provided in the notification is true, and that the use of contents or the activities described are  illegal.

 

  1. NOTIFICATIONS

All notifications and communications (hereafter, the “Notifications”) from the User will be considered effective, to all effects, when they are directed to the Customer Service by any of the following means:

1)  By ordinary post to the following address: Gran Formato Gráfico S.L., C/ Julián Camarillo, nº 59, Edificio E 39, 28037 (Madrid).

2) By email to the following address: hello@gigantia.es

All Notifications from “Gigantia” to the User will be considered effective, to all effects, when they are carried out by any of the following means:

(a) By post to the User’s home address when this has been previously provided to “Gigantia”;

(b) By email to any of the addresses that the user owns or may own as part of any other service that “Gigantia” provides to the User;

(c) Communication via telephone call to the User, when they have previously informed “Gigantia” of their telephone number;

(d) Via pop-up messages sent during the provision of Services by “Gigantia” to the User.

 

  1. WITHDRAWAL AND SUSPENSION OF SERVICES

“Gigantia” may suspend the provision of Services at any time and without prior notice to Users who infringe the rules of this Legal Notice.

 

  1. DURATION AND TERMINATION

The provision of the Website service and of the other Services has in principle an undetermined duration.  However, “Gigantia” is authorised to terminate or suspend the provision of the Website service and of the other Services at any time, without damaging the corresponding terms of the Specific Conditions. When it is reasonably possible, “Gigantia” will give prior notice of the termination or suspension of the provision of the Website service and the other Services.

 

  1. APPLICABLE LAW

This Legal Notice is governed by the Spanish law, specifically law 34/2002 of the 11th of July, on Information Society Services and Electronic Commerce and the Organic Act 15/99 of the 13th of December, on Personal Data Protection.