In order to give fulfilment to the established thing in Law 34/2002, on Information Society Services and Electronic Commerce of the 11th of July, the next general intelligence data of our web site www.themds.com are indicated.
MDS is a digital publication of MODAES INFORMACIÓN, SLU. All rights of the industrial and intellectual property of the web www.themds.com (henceforth MDS) and of its content (text, images, sound, audio, videos, designs, creativities) belong to MODAES INFORMACIÓN, SLU, or in some cases, third parts.
MODAES INFORMACIÓN, SLU, holding CIF number B-67133587, has its place of business in the Gran Via de les Corts Catalanes Street, 646, Principal 1º, in Barcelona and is registered in the Commercial Registry of Barcelona in Volume 46224, Folio 167, Page B513483, Inscription 1. The e-mail address is info@themds.com
General
Conditions
The use of services accessible through the web site modaes.es are held to the present general conditions. These general conditions regulate the use of services which MODAES INFORMACIÓN, SLU, makes available to the users of the website themds.com.
The use of services attributes the status of user (henceforth “user”) and implies the acceptance of the existing general conditions at the time of the user’s access to them.
Copylef
MDS accepts, for all its content and provided that there is no explicit indication of the contrary, the licence Creative Commons Attribution. The copied or distributed information must indicate, by means of explicit quote and original URL link, that it originates from that site. Nevertheless, the contents whose property do not belong to MODAES INFORMACIÓN, SLU, shall be governed by the property rights established by its corresponding author.
Notwithstanding the preceding paragraph, the user expresses its conformity that all content remitted to modaes.es shall have free nature. Therefore, the user provides MODAES INFORMACIÓN, SLU, rights and licence all around the word, perpetual, not exclusive and without author rights (including any moral or other kind of rights) in order to use, show, reproduce, modify, adapt, publish, represent, promote, file, translate and create collections and works derived from this information, in its totality or partially.
This licence shall be applied in any media, platform or technology known or posteriorly developed. It also ensures that it has all legal, moral or any kind of right that can be necessary to concede us the license specified in this section. Likewise, the user acknowledges and accepts that MODAES INFORMACIÓN, SLU, has the right (but not obligation) to deny publication or to forbid the access to any content offered by the user at any moment and for any given reason, with or without warning.
Limitations and
exclusions of
liability
MDS provides access to all kinds of information, services or data in the internet that can belong to third parts, in which case MODAES INFORMACIÓN, SLU, does not take responsibility of said contents nor of any claim that may arise from the quality, reliability, accuracy or the correction of those.
Modaes.es does not guarantee availability and continuity of the services functioning and may, at any time, suspend temporary or definitely any service.
MDS does not take responsibility for the effective access of users through different web pages or possible areas of participation and forums, nor for the possible diffusion or disposition to third parts of information, data or contents, or access to information, data or contents spread or put to disposition by third parts.
In the event that the web had at its disposal links or hyperlinks towards other internet sites, MODAES INFORMACIÓN, SLU, will not exert any kind of control over those sites and contents.
In no case will assume any type of responsibility for the contents of a link belonging to an alien web, nor will grant technical availability, quality, liability, accuracy, amplitude, veracity, validity and constitutionality of any material or information contained in the hyperlinks or other internet sites.
On its part, the user commits to make an appropriate use of the contents and services MDS offers in its web, and not to employ them to realise illicit activities or contrary to the legality; disseminate content or propaganda of a nature that is racist, xenophobic, pornographic-illegal, supports terrorism or attenting against human rights; causing damage in physical, logical and informatic systems of MODAES INFORMACIÓN, SLU, its suppliers or any third party, not to introduce onto or spread on the internet cyber viruses or whichever other physical and logical systems susceptible to cause the previously stated damage.
MDS does not guarantee that the web and the server are free of viruses and is not responsible of possible liquidated damages that can derive from interferences, omissions, interruptions, informatic viruses, telephonic failures or disconnections in the operative functioning of the electronic system, motivated by causes alien to modaes.es, of delays or blockages in the use of the electronic system caused by deficiencies of telephonic lines or overloads in the internet system or other electronic systems, as well as of damages that can be caused by third parts by means of illegitimate intromissions outside of MDS’ control.
Users and
participation
The user accepts and expressly acknowledges MODAES INFORMACIÓN, SLU, that the comments or opinions realised in any of the services can be distributed by modaes.es under the same terms and conditions.
MDS can put to the determinate users’ disposition services which can only be accessed registering into modaes.es. The user must comply with the process of register offering all the data demanded as mandatory, although at any given moment he or she can be asked to complete it with additional information. Under age users must obtain the informed consent of their legal representative.
The user commits to make correct use of the password and user name in the case that they are provided by MDS. Users will be held accountable for all actions realised under their password and user name, including the responsibility of choosing passwords considered tough. The user commits to close the session after finishing.
MDS reserves the right to cancel and use again the registers which stay inactive for a reasonable period and the user accepts and recognises it as such. Users can cancel their registration and password at any time just as these conditions determine. Modaes.es can also cancel the register of a user due to inappropriate use of the facilitated services, specially in forums and comments.
MDS can not guarantee that users make use of services according to these general conditions, nor that they do so in a diligent manner. Modaes.es does not have the obligation either to verify the users’ identity, nor the veracity, validity, exhaustivity or authenticity of the information provided by users about themselves to other users.
Notwithstanding the preceding paragraph, MODAES INFORMACIÓN,SLU, shall preserve the data and information that the current legislation demands and shall control, within the diligence demanded by the current law and in the case that they have an effective knowledge about it, the use realised and whether they are contrary to the present conditions.
MODAES INFORMACIÓN, SLU, reserves the right to effect without previous warning the modifications considered appropriate in its web, being able to change, supress or add both the contents and services it provides as the way in which these appear presented or localised. The use of the web modaes.es implies the acceptance of each of the included conditions in this legal notice, and therefore, it is necessary to be read attentively.
MODAES INFORMACIÓN, SLU, will chase the non-fulfilment of the previous conditions, as well as any forbidden or improper use of the content presented in its web, exerting all civil and penal actions that can correspond to them by right.
Data protection
In relation to the services at the users’ disposal through previous registration, all data shall be kept in the strictest privacy in agreement to the current legislation. This information shall be incorporated to an automatized file responsibility of MODAES INFORMACIÓN, SLU, in accordance with the established in the article 5 of the Protection Law of Information (LPD).
MDS meets this legislation regarding the protection of its subscribers’ personal data and keeps them in the strictest confidentiality according to the disposed in the Organic Law 15/99 of the 13th of December 1999 on the Protection of Personal Data (LOPD, in its Spanish abbreviation), as well as the disposed on the Law of Information Society Services and Electronic Commerce (law 34/2002 of the 11th of July).
The registered user can at all times exert the right of consultation, access, rectification, cancelation and opposition in the terms provided by the LOPD and other norms that develop it.
Likewise, the user is left informed of the automatized treatment which the information that MODAES INFORMACIÓN, SLU, has access to will be submitted as consequence of their application, use, contraction of any product or service, or any other transaction and operation realised by the user, for the finality of commercialising with products or the prestation of services of modaes.es, as well as the maintenance of any other relation, contractual or extracontractual.
The user is equally informed of the possibility to exert the rights of access, rectification, cancelation and opposition, in the terms established in the current legislation, being able to direct themselves to the following address: info@themds.com.
Competent
jurisdiction
The possible conflicts related to this web shall be governed solely by the Spanish legislation being the courts of Barcelona (Spain) the only competent. All people user of the web, independently to the territorial jurisdiction from which their access is produced, agrees to comply with and observe this clause, expressly waiving any other court that might correspond to them.
