Legal Advertisement

The present general conditions regulate "www.redipo.es" Internet  gate (from now on called “IPONET”) which belongs to IPONET COMUNICACIONES, S.L. (from now on “the entitled”, whose VAT Number B54172135, located at the Elche Industrial Area, Apartado de Correos 5105, Elche(Alicante), CP 03320, registered at the Alicante commercial register T-3109L-0F-108.

Previous Definitions

USER: All those who accede to the GATE even if he doesn´t make any purchase, use or accede to the CONTENTS which appear on it.
CONTENTS: Any information, text, bond, software, material, tools, services, etc…whose disposition and access is made on line through the GATE and through navigation. We except all those services which may be offered and/or applied through the gate but whose use is made off-line (out of the INTERNET PORTAL).
SERVICES OR OFF-LINE PRODUCTS: Any product which can be bought of used out of the portal even it it´s offered or advertised through it.
REGISTERED USER:  All those users registered at the WEB-SITE, by filling in the registration form and who is authorized to acceede to the possible restricted areas in the INTERNET PORTAL.
LEGAL REGULATIONS:  All those general and particular conditions on the INTERNET PORTAL, together with any legal norm applicable, not only for the use of the INTERNET PORTAL itself but also for the specific use of each of the services offered, etc…
SPAM: Related to these general conditions, we call SPAM to the massive delivery of e-mails to e-mail addresses without any previous authorization of the owners of the e-mail addresses involved
 
IPONET gives advice to the user in order to read through the present general conditions and all the rest of legal regulations at the INTERNET-PORTAL and specially all those conditions and references related to the Contents so as the paragraph “Privacy Policy”.Besides, it gives advice to the careful analysis of the contracting and service conditions related to the off-line products and services.

In case there could be any doubt about the contents of those legal regulations, please do not hesitate to contact IPONET at the information e-mail address soporte@redipo.es. For any information request related to any service or any other fact, please address yourself to the corresponding e-mail address which appears at the “contact” link appearing at the INTERNET PORTAL.
The USER shows and accepts expressly that the access to the INTERNET PORTAL involves completely the real obligation to accept all those legal regulations related to the access and use of any of the CONTENTS offered at the PORTAL. Moreover, the application and start of a service involves that the user accepts expressly every legal regulation settled with reference to that off-line or on-line service.
In any case, if the user should not assume the fulfilment of all or just a part of the forementioned general conditions, he will not be able either to access, use the INTERNET PORTAL and/or the CONTENTS shown and/or offered through it or the products and off-line services. Moreover, the user shows conformity and accepts expressly not only that the legal legends will be present at any time from the beginning of the access to the INTERNET PORTAL but also their modification at any time by IPONET without any need of previous communication.
During the process of providing data by the user and before the payment, we settle a technical mechanism which allows the confirmation and, eventually the data modification.
The Portal language will be, for all purposes, that is to say, access, use and/or contracting, will be Spanish.
No document related to the contracting procedure will be stored.

A. OBJET

IIPONET, through its PORTAL, lets the user have access to a range of CONTENTS which may be supplied by IPONET itself or by third parts. The main object would be the commercial information offered related to products and services on line and/or off-line  through the PORTAL.The off-line services and products conditions will be not only those appearing at the PORTAL but also those settled in the contracting documents. In case of contradiction, the contracting conditions will be the prevailing ones.Inside the PORTAL itself, there are some restricted CONTENTS and/or free use areas. In this case, the users will be able to accede to them by means of a USER LOGIN AND A PASSWORD which will be assigned according to the paragraph B.4 of the present general conditions.
IPONET keeps the right to limit, break and cancel the access to the PORTAL, the use of some or all its contents and the off-line free or restricted product & service offer at any time. Besides, IPONET keeps the right to change the situation of the PORTAL CONTENTS at any time, so as the own CONTENT settings and their access, including the “look and feel”.

B. CONDITIONS OF  ACCESS AND USE OF THE PORTAL

B.1.  USER´s access and general PORTAL use.
The USER accepts express and unmistakably that the PORTAL access and use does not involve any guarantee. IPONET declines it expressly with regard to its CONTENT suitability, for particular or specific USER´s purposes.Consequently, the PORTAL access and the CONTENT use is made under the only USER´s responsibility and IPONET will never ever answer for any direct or indirect damages, consequent injury or discharged profit, for the damages eventually derived from the CONTENT use or for the conclusions the USER himself could pull out from their use, should they be accessible through the PORTAL or by other Web sites by means of the already existing connections or “links”.Moreover, in case it may happen, IPONET will never be indirectly or subsidiary responsible for the CONTENTS, products or services offered by third parties or entities (included their commercialization and manufacturing conditions) or for contents, news, communications, opinions or statements of any kind, caused by third parties and which could be accessible through the PORTAL. Thus, there is no guarantee or support for the use or purchase of product or services from third suppliers.
In case specific responsibility conditions should be set up for certain CONTENTS or off- line service, these should prevail over the already settled ones.
The user accepts expressly and unmistakably that IPONET may set up additional conditions or restrictions for the PORTAL access and for the use of its CONTENTS, whose observance should be immediately compulsory for the USER without any need of previous communication.
The PORTAL access will be provided in good faith by IPONET. In case some CONTENTS should be supplied by third parties, IPONET informs the USER and this acknowledges and accepts that some data or texts available may not be completely exact or updated, in spite of the fact that IPONET makes the biggest efforts to reach that target. Thus, IPONET will be responsible just for the CONTENTS provided by IPONET and expressly identified by its Copyright.

B.2.  PORTAL and CONTENT authorized use
The USER states expressly and unmistakably that he will accede to the PORTAL and, in that case, use it and its CONTENTS according to the legal regulations, to the present general conditions, to the specific conditions for each CONTENT, product or off-line service, so as to the rest of applicable norms, respect and right customs, good faith and public order.In any case and as a statement, the USER undertakes:
a) not to accede or use the PORTAL and its not allowed CONTENTS or those opposed to the PORTAL object and to its regulations. Thus, the USER should not try to accede or use the RESTRICTED CONTENTS and/or areas without being authorized. Moreover, the USER will have to accede and use the restricted areas using the procedures and tools that the PORTAL itself has settled for that purpose. In no case, the USER is authorized for the access and use of restricted areas and CONTENTS, for the use of any procedures, means or PC tools which may obviate the security and identification measurements settled by IPONET or by third parties.
b) Accede and/or use of the PORTAL and/or its CONTENTS using the principles and scopes with which they were created and at the user´s disposal, with respect to their arrangement format and the legal regulations here exposed. In order to fulfil these principles and scopes, the USER, as a not restricting statement undertakes to (I) to avoid to proceed in a way which could damage direct or indirectly, in a general sense, the PORTAL and its CONTENTS and, in an specific way, IPONET or the rights of any other party. (II)to avoid those proceedings which could affect, modify, manipulate or delete references or reference formats or paragraphs concerning IPONET copyright or patent rights or those of third parties, related to the PORTAL itself and to its CONTENTS and the rest of ELEMENTS which compound it;(III)to avoid those actions which could damage IPONET systems or those of third parties or which could affect the normal development of the PORTAL object. We include the insertion of PC virus in the IPONET systems, in the USER´s systems or in any third party´s system, which could affect the PORTAL in any way, so as the actions which help to spread such virus non only at the PORTAL but also at the network through the PORTAL.
c)  The USER will answer for the damages and prejudices, of any kind, that IPONET, any other USER or a third party could suffer as a consequence of the improper use of the PORTAL or its CONTENTS. Moreover, they will answer for any amount that IPONET should pay as a consequence of a legal ruling, firm legal sentence or transactional agreement tending to compensate third parties for the damages caused.

B.3. The contents:
The USER states expressly and unmistakably that he undertakes to avoid any reproduction, copy, distribution, allowance the public to accede, in any way of public communication, transform or modify the CONTENTS, unless he has been authorized by the corresponding rights holder or it may be legally permitted, so as not to break the protection devices or any information mechanisms which could be inserted into the Contents  and referred, for example, to the copyright and patent rights.
The USER undertakes not to reach the CONTENTS by different means to those, at his/her disposal for that purpose or shown expressly at the web-sites where the CONTENTS are or, in general, to the generally used in Internet as they do not contain a risk of damage of disablement of the PORTAL and / or of its CONTENTS.

B.4. PORTAL access and use by the REGISTERED USERS.
Once the present terms and conditions have been accepted, the user, after following all the steps of the registration procedures, will get a USER LOGIN and a PASSWORD which will allow him to accede to the restricted areas.
The personal data supplied in the registration form at the PORTAL will be worked out according to the specifications contained at the “Policy of Privacy” paragraph. The identification logins and passwords will be personal, exclusive and untransferable for the REGISTERED USER, who will be the only responsible for their diligent and confidential care so as for any damages and prejudices which could derive from the access and use of the RESTRICTED areas by the REGISTERED USER and/or by any third party due to the lack of care, diligence or confidentiality by the REGISTERED USER.
In case you should forget the login and/or password, please do not hesitate to get in touch with IPONET or, in case there should be any procedure to get them back, please follow the instructions. Any other circumstance which may involve a risk of access or use by non authorized third parties, the USERS will have to communicate it immediately to the following address: soporte@redipo.es so that it may be blocked and replaced at once.
The user undertakes not to supply wrong information and specially those referred to his/her age, sex or e-mail / post address
The user will answer for all damages and prejudices, of any kind, that IPONET may suffer as a consequence of providing untrue information.
Moreover, the user will answer for any amount IPONET should pay as a consequence of a legal ruling, firm legal sentence or transactional agreement tending to compensate third parties for the damages caused.
At any case, IPONET keeps the free right to accept or refuse the registration and purchase application form.

C. ON-LINE CONTRACTED SERVICES: REGISTRATION CONDITIONS

The USER will have to fulfil each legal term appearing on this PORTAL and related to the conditions of the service offer.
The on-line contracting conditions (prices, promotions, expenses, designs, etc,,,) may be modified at any moment without any previous advice. At any case, the USERS will keep all those conditions existing at the time the offer was accepted (with the object of this contract, it happens at the moment in which the user click on the “send” option at the registration form). Due to the characteristics of the on-line services offered at the PORTAL, the right of waiving or resignation does not exist.
Payments by means of a Credit Card.
Should the possibility of payment by means of a credit card exist, then such a payment will be fulfilled through a bank entity procedure and the user acknowledges and accepts expressly that, at the beginning of it, the USER will accede to the payment procedure, in an external foreign environment, outside the PORTAL, whose ownership belongs to the bank entity. For this reason, the user frees IPONET from any responsibility for those operations done and data revealed during that payment procedure and for the use that the bank entity or a third party could make of them.

D. TRADE ACTIONS

THE REGISTERED USER accepts expressly to receive trade mails about products and services now or in the future offered by IPONET.
THE REGISTERED USER will be entitled to apply for the cancellation of trade communications by sending an e-mail to the following address soporte@redipo.es by stating his unequivocal will to stop receiving trade communications.
This application will not damage the REGISTERED USER´S possibilities to accede and use the CONTENTS or to increase the amount of contracted ones.
In case there should be any references or links to products and/or to services offered by third parties or by foreign PORTALS which include their own products and/or services, inserted in the PORTAL or through the commercial mails, the USER accepts expressly that IPONET does not either guarantee or answers for the purchase of such products and/or services from third parties or for their quality, characteristics, etc… IPONET is not a contracting part in such a purchase, but the USER and the third party. IPONET will act as a pure communication channel, which does not answer or promote such products. The commercial transactions which may occur, should be subject to the applicable legal regulations and specially to those appearing at the Law 7/1996 about the Retailer´s Trade (according to its modificacion by Law 42/2002) as well as at the regulations referred to the on-line sales which develop the former ones and Law 34/2002, 11th July about Information Services and Electronic Trade.Any possible claim which may come from these concepts will have to be addressed against the third party which has settled the Contents or which may sell the goods or offer the services.

E. COPY- AND PATENT RIGHTS

The USER accepts and states expressly and unmistakably that all copy- and patent rights of the PORTAL and its CONTENTS and/or any other stating and not restricting elements inserted in the PORTAL, such as pictures, “look and feel”, software, designs, images, data base, texts, sounds, marks, logotypes, graphics, etc….belong to IPONET and/or to third parties which IPONET selects or with whom IPONET identifies itself.
In no case, the access to the PORTAL or the CONTENT use or contracting a service involves any resignation, transfer, licence or both total or partial cession of such rights unless the opposite is expressly stated.
The present General conditions do not give the USERS any further right to use, change, operate, reproduce, distribute or publicly communicate the PORTAL, its CONTENTS and/or the Products offered, which may be purchased, etc..,different from the expressly rights included here. Any other use or operation of any right will be subject to the previous written authorization, specifically conferred by IPONET or by the third holder of the affected rights.
In case the above mentioned authorization should exist, the use and operation will be subject to the settlements in it and in any case, the rights should be practised in the principles of good faith and according to the legal regulations. In any case, the origin and/ or their author should be indicated. The references to the copy- and patent rights should be placed at the holder´s copyright symbols. Likewise, in case an authorized printing, downloading and CONTENT storage etc..should happen, it will be exclusively for the USER´S personal, private and non-profitmaking utilization.In case that any user should be interested in getting any kind of authorization to use any of the protected materials, he/she should get in touch with IPONET at the
soporte@redipo.es.

F. GUARANTEE AND RESPONSIBILITY EXCLUSION

F.1 Guarantee and responsibility exclusion related to the PORTAL access and use

IPONET does not guarantee either the PORTAL operating availability and continuity or of those WEB sites with which it has been settled a link. Moreover, IPONET will never be responsible for any damages and prejudices which may derive from:
(I)the lack of availability or accessibility to the PORTAL or o those places with which a link has been settled;(II)the operating PORTAL or its CONTENTS interruption, the impossibility to start a purchase procedure,  informatics failures, telephone breakdowns, disconnections, delays or blockages caused by failures or overcharges at the telephone lines, at the Internet system or at any other electronic systems produces during their performance(III)the PORTAL or its CONTENTS lack of suitability for the specific USER´s needs and(IV)other damages caused by third parties by means of non authorized interferences out of IPONET control.
Moreover, IPONET advises that the quality of the CONTENTS at the PORTAL and their use depend, to a large extent, of the hardware and software fulfilment of the technical requirements that eventually may be necessary according to IPONET. Such technical requirements may be shown through the PORTAL or through private communications to the USERS and should be fulfilled by the USER. Thus, IPONET states not to be responsible for the impossibility or defect at the CONTENT disposal or their utilization by the USERS in case these should not fulfil the technical requirements.
With the aim to diminish the risk of a virus insertion in the PORTAL, IPONET uses some virus detecting programmes to control each Content inserted in the PORTAL. However, IPONET does not guarantee the absence of virus or other elements at the PORTAL inserted by third parties out of IPONET reach, which may lead to alterations at the physical or logical USER´s systems or at the electronic documents and files stores in his systems. Consequently, IPONET will never be responsible for any damages or prejudices of any kind, which may derive from the existence of virus or other elements which may produce any alteration at the USER´S physical or logical systems., electronic documents or files.
IPONET adopts several protection measurements to protect the PORTAL and its contents against informative attacks from third parties. However, IPONET does not guarantee, that non authorized third parties may have access to the kind of USER¨s PORTAL utilization, or to its conditions, characteristics and circumstances in which such an utilization is done. Consequently, IPONET will never be responsible for the damages and prejudices which may derive from that non authorized access.
IPONET advises that, in case of researches, opinions, reports, etc…included as CONTENTS in the PORTAL, such CONTENTS made by IPONET or third parties try to supply just an orientation which may be used as a support to the USER´s activity. That is the reason why the USER accepts expressly that IPONET does not assume, in any case, any responsibility for any damage or prejudice directly or indirectly caused by the USER´s utilization of such CONTENTS and of the conclusions taken out of them.
In any case, IPONET will be able to reject or restrict the USER´s access to the CONTENTS or to the service contracting procedure at any time. At the same time he will be able to eliminate or take out the CONTENTS if, according to IPONET, the dispositions at the present General Conditions and at the rest of legal regulations, and the principles which regulate the right development of the PORTAL object are being infringed.

F.2. Guarantee and responsibility exclusion related to the offered Products and services.

Except for any guarantee expressly stated at the PORTAL or at any single service contract, the USER accepts expressly and unmistakably that the purchase of a product or offered service does not involve any guarantee related to that product or service suitability for private or specific USER´s purposes or of third parties for which it was purchased or who will use it. IPONET expressly resigns it. Consequently, the purchase will take place under the exclusive USER´s responsibility, and IPONET will never answer in any way for indirect or direct damages, consequent injury or discharged profit, for the prejudices derived from the purchase and/or use of the products and services offered. In any case, IPONET will only answer for those guarantees and responsibilities for whose limitation or exemption IPONET may not dispose according to the valid regulations related to both consumers and users.
 
By reason of Law 34/2002, 11th July, about mass media and electronic commerce services (LSSI), IPONET, about the different services offered, declares that:
 
a)  In relation to the possible mediating services IPONET is not responsible for the information transfer in the terms appeared at the LSSI, does not cause that information transfer, does not change or select either the data or the data addressees.
b)  With reference to the hosting and housing services, virtual Server, etc…IPONET will not be responsible for the information stored by the user / customer. IPONET, in the terms stated at the LSSI; does not acknowledge in fact, if the activity or information stored is illegal or damages goods or rights of a third party liable to compensation.
c)  With reference to the link services offered and without any prejudice to the F.3 contents, IPONET will not be responsible for the information sent to his users / customers. IPONET, in the terms stated at the LSSI; does not acknowledge in fact, if the activity or information stored is illegal or damages goods or rights of a third party liable to compensation.IPONET´S user does not ever operate under his management, authority or control at any of the services offered.

F.3. Guarantee and responsibility exclusion related to the Links

In case the PORTAL should offer his USERS technical link devices, directories and searching tools that may enable the USERS to accede to page and/or web-sites belonging and/or being managed by third parties, IPONET will verify the existing content in those pages at the moment in which a link to them has been settled. In fact. IPONET will do it in the good faith belief that those contents fulfil the applicable regulations. However, in no case. IPONET will be responsible, will accept or will appropriate those products. Services, contents, information, data, files and any other material existing on those web sites and does not control nor answer, accept or appropriate the future modifications on those materials. In case IPONET considers it appropriate or should be requested by law, IPONET will remove the links to those web sites which may infringe the applicable law and / or damage the third parties´ rights.

G. USE OF LINKS OF THE PORTAL

All those who try to settle a link, hyperlink (the “link”) between his/her web site and the PORTAL should get previously IPONET authorization by sending an application form to the following e-mail address: soporte@redipo.es. In case that authorization should be obtained, the link settlement should fulfil following requirements:

(I) the link settlement will never involve any PORTAL reproduction. It will only allow the access to the PORTAL.Moreover, the access by means of a link will only be possible through the PORTAL homepage, in no case through a different page;(II) the creation of a frame or a border environment about the PORTAL will  not be allowed:(III) there will be no false, incorrect or inaccurate informations about the PORTAL;(IV) it should not be stated that IPONET answers for, recommends, supervise or accepts the contents or products and or services offered through the web sites in which the link was settled. IPONET refuses any responsibility in which the web site may incur (its managers, holders, etc..) not only for the link settlement to the PORTAL “home page” but also for the services offered and the CONTENTS shown in that web- site, (V) In any case, the authorization for the link settlement will only involve an authorization to settle the link according to what is regulated in this paragraph. In no case, ii will involve, without a previous authorization, the possibility to use IPONET or third parties´ copy- and patent rights in that web-site in which the link was settled. In any case, the web site in which the link will be settled, will not contain distinguishing marks which may presuppose the existence of a association relationship (it does not exist yet) between the services, products and contents offered at the web-site and the ones offered through the PORTAL. Moreover, it will not presuppose the existence of an association (it does not exist yet) between the physical person, legal entity which manages or holds that web-site and IPONET of the third parties, PORTAL CONTENT suppliers.
(vi) the web-site in which the link has been settled, during the time in which the link is settled, will not offer illegal services or CONTENTS, nor fraudulent, opposed to the present general conditions, to the good faith, to the good manners or to the third IPONET or PORTAL CONTENT suppliers´rights.

H. PARTIAL NULLITY

If any of the parties does not execute any of their rights according to the present contract, it will not be considered as a renunciation unless it may be expressly communicated and  written down in this way.
Even though any party at the present contract should not be considered legal or valid by a legal organ, the rest of the contract will still be applicable.

I. NON-FULFILMENT, APPLICABLE LAW AND JURISDICTION

IPONET keeps the right to exercise any available action by law, to request the responsibilities derived from the non-fulfilment of any legal regulations by a USER.
PORTAL service, on-line contracting and the present General Conditions and legal regulations are ruled by Spanish Law. According as the law may allow it, the parties, expressly renouncing to any other corresponding jurisdiction, agree to be submitted to the Courts of Elche (Alicante), Spain.


Email: administracion@redipo.es