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Legal Warning

1. IDENTITY OF THE OWNER OF THE SITE

Hirundo is a company domiciled in C/Bartomeu Llull, 8 1B tax identification number 43130569A.

2. ACCEPTANCE OF TERMS OF USE

These Terms of Use (hereinafter Legal Notice) is to regulate the use of this Web site Hirundo makes freely available to users at this URL.

The use of the website by third parties gives them the status of user and implies acceptance by the User of each and every one of the conditions included in this Legal Notice.

Hirundo can offer through the Website, services or products that may be subject to special conditions that, depending on the case, substitute, complete and/or modify these Terms, and which inform the user in each case.

3. CORRECT USE OF THE WEB SITE

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, HIRUNDO hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third-party, except as explicitly permitted by HIRUNDO in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

The User agrees to use the Website, its contents and services in accordance with the law, this Legal Notice, good customs and public order. Similarly, the User agrees not to use the website or the services provided through it for purposes that are unlawful or contrary to the contents of this Legal Notice, detrimental to the interests or rights of others, or in any way damage, disable or impair the website or its services or impede normal enjoyment of the website by other Users. Also, the User agrees not to destroy, alter, disable or otherwise, damage data, programs or electronic documents and other items found at the Hirundo website.

The User agrees not to obstruct the access of other users to access service by massive use of computing resources through Hirundo which serves, as well as actions that may damage, interrupt or generate errors in these systems.

You agree not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or character sequence that cause or are likely to cause any type of alteration to the computer systems of HIRUNDO or third parties.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that:

  • violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
  • is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of Spain or the laws of any other country that may apply; or
  • includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties. HIRUNDO may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and HIRUNDO has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify HIRUNDO of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

4. INTELLECTUAL PROPERTY

All website content, unless otherwise noted, are the exclusive property of Hirundo and, by way of example, but not limited to, graphic design, source code, logos, texts, graphics, illustrations, and other items appearing on the web site.

Similarly, all trade names, trademarks or distinctive signs of any kind contained in the website are protected by law. Hirundo not grant any license or authorization the user on their intellectual property rights, industrial or any other right related to the Website and the services offered therein.

Therefore, the User acknowledges that the reproduction, distribution, marketing, processing, and in general, any other form of exploitation by any means, all or part of the contents of this Web site constitutes a violation of intellectual property rights and/or industrial Hirundo or the owner thereof.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by HIRUNDO in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by HIRUNDO in advance. HIRUNDO reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if HIRUNDO believes that customer conduct violates applicable laws or is harmful to HIRUNDO's interests.

5. RESPONSIBILITY

 

5.1. Liability Web

Users are solely responsible for any infringements that may be incurred or damages caused by the use of the website, being Hirundo, its partners, group companies, collaborators, employees and representatives are exempt from any kind of liability that might arise from the actions of the user.

Hirundo efforts and employ all reasonable means to provide updated and reliable information on the website, however, Hirundo assumes no liability in connection with the absence of errors or inaccuracies and/or omissions in any of the content accessed through this website.

The User is solely responsible for any claim or legal, judicial or extrajudicial action initiated by third parties against Hirundo based on the use by the user of the website. In your case, you assume all costs, expenses and indemnities incurred to Hirundo connection with these claims and proceedings.

5.2. Responsibility for the operation of the Web

Hirundo excludes all liability that might arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system caused by reasons beyond Hirundo.

Also Hirundo also excludes any liability arising from delays or blockages in the operation of this electronic system caused by deficiencies or overload of telephone lines or the Internet, as well as damage caused by third parties through unlawful interference Hirundo out of control.

Hirundo is authorized to temporarily suspend, without prior notice, access to the website because of maintenance, repair, renovation or improvement.

5.3. Liability for links

Links contained on the website lead Users to other websites managed by third parties.

Hirundo disclaims any responsibility for information that is outside of this website, since the role of links is solely to inform the user about the existence of other sources of information about a particular subject.

Hirundo is exonerated from all liability for the correct operation of such links, the results obtained through such links and for the veracity and legality of content or information that can be accessed as well as the damage that may occur User under the information found on linked web sites.

5.4. Responsibility for the forums

Hirundo can offer users the ability to enter comments and submit photographs for incorporation in the relevant sections. The publication of comments and/or photos is subject to these Terms of Use If you do not agree with them, please do not use these services.

The person identified in each case as it has made the comments and/or sent the photographs, is the sole responsible for them, and for making sure that their inclusion on the website complies with laws in each case can be applied. Comments and/or photographs, do not reflect the opinion of Hirundo, Hirundo or make any representations in this regard. Hirundo not be liable for any errors, inaccuracies or irregularities that may contain comments and/or photographs contained in the Forum.

Also, Hirundo not be liable, except in those extremes to which the law requires him of the damages that could be caused by the insertion of comments and/or pictures in the Forum or on other sections of the web to allow this kind of services.

User supplying the text and/or photographs yields to Hirundo rights to reproduce, use, distribution, public communication and any activity on them, both in electronic format, digital, paper, as in any other support. And, in particular, the User grants such rights to the location of the text and/or pictures in the Hirundo website, so that other web users can access them.

The User supplier claims to be the owner of the rights to the images and text or, where appropriate, ensures that you have the necessary rights and authorizations from the author or owner of the text and/or photographs for use and exploitation by Hirundo through the web. In the event that the user is unaware if you have the rights to perform the assignment to Hirundo must expressly warn.

Hirundo not be liable, except in those extremes to which compels the law of damages that could be caused by the use, reproduction, distribution or public communication of the text and/or photographs are protected by intellectual property rights belonging to third parties without the User having previously obtained the necessary authorization holders to carry out the use made ??or proposed. In this case, the User agrees to be solely responsible for any claim by a third party claiming to have rights to the texts and/or pictures. The User shall indemnify any claim Hirundo economic, equity or otherwise made ??by the third party in relation to any unauthorized use of the texts and/or pictures.

User acknowledges that intellectual property rights on the website as a whole are Hirundo. The User acknowledges that the reproduction, distribution, or unauthorized processing Web site constitutes a violation of the rights of the copyright holder. Hirundo reserves the right to use the photographs provided for conducting exhibitions and the publication of books, catalogs and similar publications, in physical, digital, or any other means or support to enable its reproduction, distribution and/or public communication.

Also Hirundo reserves the right to withdraw unilaterally comments and/or photographs housed in the forum or in any other section of the Web, when deemed appropriate Hirundo.

Hirundo expressly states that only provides space for your web users to post text and/or taking photographs for the purposes of Law 34/2002 of Services of the Information Society and Electronic Commerce, consideration of intermediary service provider. Accordingly, Hirundo not responsible for the information sent by the user when they have actual knowledge that the information stored is unlawful or harms property or rights of a third party liable for compensation. At the time that actual knowledge Hirundo housing as previously mentioned data, you agree to act promptly to remove or block all access to them.

In any case, for any claim related to the content inserted in the Forum or similar sections, you can do so through the “contact” included in the Web.

5.5. Disclaimer and limitation of liability

Except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by HIRUNDO on an "as is" basis. HIRUNDO makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, HIRUNDO disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, infringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. HIRUNDO does not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, HIRUNDO will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, indirect, incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, HIRUNDO's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to HIRUNDO during the month immediately preceding the act allegedly giving rise to HIRUNDO's liability.

6. USER REVIEWS AND COMMENTS

The User guarantees that the information, material, content or comments that are not their own personal data and which are given to Hirundo through the website, do not infringe the rights of intellectual property of others, or any other provision legal.

Information, materials, content or comments that the User provides Hirundo, are considered non-confidential, Hirundo reserving the right to use them as it deems most appropriate.

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide HIRUNDO, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to HIRUNDO without charge and HIRUNDO shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of HIRUNDO and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by HIRUNDO in the future.

You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. HIRUNDO assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant HIRUNDO the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this Site and that use of your reviews, comments, or other Content by HIRUNDO will not infringe upon or violate the rights of any third-party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead HIRUNDO or third parties as to the origin of any Submissions or Content. HIRUNDO may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

7. MODIFICATIONS OF TERMS OF USE

Hirundo reserves the right to modify, develop or update at any time and without notice, this Legal Notice. Users will be automatically bound by the Legal Notice that is in force at the time you access the Web site, so you should periodically read this Legal Notice.

Hirundo reserves itself the power to modify, at any time, without prior notice, the presentation and configuration of Online Channel, the functionalities of the same and/or the contents therein are incorporated.

8. TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, HIRUNDO may, without prior notice to you, expressly you acknowledge and agree that Hirundo may, at any time, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement or interrupt, disable and/or terminate your access and/or use of the Online Channel and Hirundo won’t be responsible for it. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and HIRUNDO shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

9. GOVERNING LAW AND JURISDICTION

These Conditions have been prepared in accordance with the provisions of Law 34/2002 of Services of the Information Society and Electronic Commerce, Law 7/1998 about general contracting condition, Royal Decree 1906/1999 which regulates telephone and electronic contracting with general conditions implementing Article 5.3 of the Law 7/1998, Royal Decree 1/2007, of 16 November, approving the revised text of the General Law of Consumers and Customers Defense and other complementary laws, Law 7/1996 of the Retail, Royal Decree-Law 14/1999 regulating electronic signatures and how laws are applicable.

All disputes or claims arising from the interpretation or enforcement of these Terms of Use shall be governed by Spanish law, and subject to the jurisdiction of the courts of Palma