· Owner: Live Rootless, S.L. (en adelante, “ROOTLESS™”)
· Address: C/ Reina Victoria 87, 5, 03201 ELCHE
· TAX IDENTIFICATION NUMBER:B02888998
· Public Registry:Registro Mercantil de Alicante, Tomo 4349, Folio 120, Hoja A-172977, Inscripción primera.
· E-mail: email@example.com
This Legal Notice regulates access, browsing and use of the website [https://www.liverootless.com/] (hereinafter, the "Website"). This Legal Notice informs users of their rights and obligations in relation to browsing the Website and its contents, as well as the responsibilities that may arise from its use.
By accessing, browsing or using the Website, users expressly and unreservedly accept all the terms of this Legal Notice. ROOTLESS™ may modify the Website and this Legal Notice, so users should review it constantly. Users shall be deemed to have expressly accepted such modifications or updates if they place a new order or browse the Website.
3.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
ROOTLESS™ is the owner or, where applicable, has the corresponding licences for the exploitation rights of the intellectual and industrial property of the Website, as well as all the content offered on the Website, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the Website.
Under no circumstances shall it be understood that access, browsing and use of the Website by the user or the use, acquisition and/or contracting of products or services offered through the same implies a waiver, transmission, licence, authorisation or total or partial transfer of said rights by ROOTLESS™. The user has the right to use the contents and/or services of the Website within a strictly domestic context and solely for the purpose of enjoying the services provided in accordance with these Terms and Conditions.
References to registered trademarks or trade names, or other distinctive signs, whether owned by ROOTLESS™ or third party companies, implicitly prohibit their use without the consent of ROOTLESS™ or their legitimate owners. At no time, unless expressly stated to the contrary, does access, browsing or use of the Website and/or its contents confer on the user any right over the distinctive signs included therein.
All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any way and in any form, all or part of the contents included on the Website, for public or commercial purposes, without the prior, express and written authorisation of ROOTLESS™ or, where applicable, of the holder of the corresponding rights.
Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the rights holders of the contents that the user finds on the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.
In the event that the user sends information of any kind to ROOTLESS™ through any of the channels provided for this purpose, the user declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that said information is not confidential or harmful to third parties.
The user acknowledges that he/she assumes responsibility, leaving ROOTLESS™ harmless for any communication that he/she provides personally or in his/her name, with said responsibility extending without restriction to the accuracy, legality, originality and ownership of the same.
If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must notify ROOTLESS™ immediately via email at firstname.lastname@example.org so that it can proceed to take the appropriate measures.
Likewise, in the event that any user or third party considers that any of the contents of the Website owned by ROOTLESS™ infringes their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to email@example.com with the following information:
· Identification details and means of contact of the claimant or their legal representative.
· Documentation accrediting their status as owner of the allegedly infringed rights
· Detailed account of the rights allegedly infringed by ROOTLESS™, as well as their exact location on the Website.
Express declaration by the claimant that the use of the contents has been made without the consent of the holder of the allegedly infringed rights.
4.- RULES FOR THE USE OF THE WEBSITE AND THE PLATFORM
It is not permitted, and therefore the consequences will be the sole responsibility of the user, to access or use the Website for illegal or unauthorised purposes, with or without an economic purpose. In particular, and without the following list being an absolute list, it is prohibited:
· Use the Website in any way that may cause damage, interruption, inefficiency or defect in the operation of the Website or any third party's computer.
· Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files.
· Use the Website to collect personal data of other users.
· Use the Website in an illegal manner, against good faith, morality and public order.
· Registering through the Website under a false identity, impersonating a third party or using a profile or taking any other action that may mislead other users as to the identity of the origin of a message.
· Unauthorised access to any section of the Website, other systems or networks connected to the Website, any ROOTLESS™ server, or the services offered through the Website, by hacking or forgery, password mining or any other illegitimate means.
· Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to the Website, or the security or protection measures inherent in the content offered on the Website.
· Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or ROOTLESS™ systems or networks, as well as in the systems and networks connected to the Website.
· Impede the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes in any way these Terms and Conditions.
· Communicating through the Website or any of the channels enabled by the same, content that violates the secrecy of communications or involve an infringement of intellectual and industrial property rights or the rules governing the protection of personal data.
· Communicating through the Website or any of the channels enabled by the same, content that contains "spam" and/or links to sites unrelated to the corresponding space.
· The use of the Website may cause damage, interruptions, inefficiencies or defects in its functionality or in third party devices.
· The use of the Website or any of the channels enabled by the same, to transmit, install, publish any virus, malicious code or other harmful programs or files.
The breach of any of the above obligations by the user may lead to the adoption by ROOTLESS™ of the appropriate measures protected by law and in the exercise of its rights or obligations, which may lead to the deletion or blocking of the account of the offending user, without the possibility of any compensation for damages caused.
Similarly, the Website has areas through which users can participate, publish their own content or share content, whether their own or published by ROOTLESS™. These areas may be ROOTLESS™'s own and therefore dependent on and controlled by ROOTLESS™, or external to ROOTLESS™, being independent social networks and external to our organisation, for which we cannot be held responsible for their correct functioning, nor for the conditions and policies set out by those responsible, and it is the user him/herself who must consent to and assume at all times the treatment of the information published on these platforms.
In any case, we inform you that when the user participates in any of these areas, the other users of the Website will be able to access and use all the content published by the user. ROOTLESS™ cannot control what use other people will make of this content and, therefore, ROOTLESS™ cannot be held responsible for this. ROOTLESS™ recommends that you do not post personal data or material protected by intellectual property rights or any other rights.
In order for the Website to be a safe environment and to protect our users, it is strictly forbidden to publish content:
· That may be considered as a violation in any way of the fundamental rights to honour, to personal and family privacy or to one's own image of third parties and especially of minors.
· That include photographs that include images or personal data of third parties without having obtained the appropriate consent of their owners.
· That violate the secrecy of communications or that involve an infringement of intellectual and industrial property rights or of the regulations governing the protection of personal data.
· That contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order.
· That contain "spam" or links to sites unrelated to the corresponding space.
· That include advertising or commercial communications, for the broadcasting of messages for advertising purposes or for the collection of data for the same purpose.
The user who breaches these prohibitions shall be liable for any claims that may arise as a result. Even if there is no claim from a third party, ROOTLESS™ reserves the right to deny access to the Website or the possibility of participating in the spaces provided on the Website to users who breach these conditions.
5.- RESPONSABILITIES AND GUARANTEES
ROOTLESS™ undertakes to ensure that the content, data or information relating to the products offered on its Website are reliable, truthful and accurate, and is responsible for the prices and characteristics advertised. However, it shall not be liable for any information that has been entered, displayed or modified by third parties unrelated to ROOTLESS™.
The photographs, texts, graphics, information or characteristics reproduced which illustrate the products on sale are merely illustrative and are not contractual, and may therefore vary. However, we always endeavour to ensure that the description is as accurate and reliable as possible, although we cannot guarantee that it accurately reflects the products in all cases, as in many cases they are used for illustrative purposes.
While ROOTLESS™ will use reasonable efforts to maintain the integrity, truthfulness and accuracy of the Website and the content contained therein, ROOTLESS™ makes no warranties or representations as to: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) any damage or harm caused, to itself or to a third party, by any person who infringes the conditions, rules and instructions that ROOTLESS™ establishes on the Website or through the infringement of the Website's security systems.
Notwithstanding the foregoing, ROOTLESS™ declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the operation of the Website and to minimise system errors, both from a technical point of view and in terms of the content published on the Website.
ROOTLESS™does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could infringe the rights of third parties, he/she must notify ROOTLESS™ immediately so that it can proceed to take the appropriate measures.
ROOTLESS™ shall not be liable for the accuracy, completeness or updating of the information published on the Website from external sources, nor for that contained on other platforms to which links are provided from the Website. ROOTLESS™ shall not be liable for any possible damages that may arise from the use of the aforementioned information.
In any case, ROOTLESS™ reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to users who contravene any of the provisions detailed in these Terms and Conditions, without the user being able to claim any compensation for this reason.
The parties shall be liable for any breaches personally incurred by them, and the other party shall be indemnified against any error, fault or negligence not attributable to it and against any damage resulting from such breaches or errors attributable to the other contracting party.
ROOTLESS™ shall not be liable in the event of unavailability of the product or impossibility of delivery when this is due to force majeure, theft or loss, or error in the order or data provided by the user. However, in such cases, ROOTLESS™ may contact the user to try to find the best solution to the case.
6.- CUSTOMER SERVICE.
ROOTLESS™, as the party responsible for the Website and in charge of the marketing and sale of the products offered therein, provides users with a customer service department, which will give due attention to all queries, complaints, claims and suggestions made in relation to the purchase of products through the Website.
Specifically, the contact channels made available to users are as follows:
Once we receive the user's communication, we will send them an e-mail informing them that we have received it. In this way, we will try to respond to the complaints or queries received as soon as possible, which in no case will exceed one (1) month after the user has submitted the complaint or query.
There are complaint forms available to the consumer or user.
7.- CONFIDENTIALITY AND DATA PROTECTION.
8.- APPLICABLE LEGISLATION AND JURISDICTION.
Whenever the regulations in force provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious matter arising from or related to this Website, the Spanish legislation in force at the time of the dispute will be applicable, and we will submit to the Courts and Tribunals of Elche, as well as, where appropriate, to the Consumer Arbitration Courts or similar to which we are adhered at the time of the dispute.
In order to file complaints regarding the use of our services, you can contact us by mail at the electronic or physical address indicated in section 1, corresponding to "Identification of the Owner and General Information", committing ourselves to seek an amicable solution to the conflict at all times.
Last updated: LIVE ROOTLESS SL, 23 MARCH 2021.
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