LEGAL NOTICE. TERMS AND CONDITIONS OF USE
In compliance with the obligation to report stated in Article 10 of Law 34/2002 of the 11th of July on the information society and electronic commerce services, the following is hereby stated:
1. Identification of the website owner
This website is owned by Agencia Literaria C. Balcells, S.A.
Company Name: AGENCIA LITERARIA C. BALCELLS, S.A.
Registered Office: Av. Diagonal, 580 CP 08021 Barcelona (Spain)
Tax Identification Number: NIF A-08-541.054
The present company is registered in the Mercantile Registry of Barcelona, volume 11,414, folio 12, page number B-52.110
Tel: +34 93 2008933
2. Purpose and Scope
The following are the general conditions (hereinafter, the General Conditions) governing access, navigation, and the use of websites under the domain "agenciabalcells.com" (hereinafter, the Website), as well as the responsibilities arising from the use of its content (texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national law and international treaties on intellectual property, hereinafter, the Content.)
Irrespective of the foregoing, AGENCIA LITERARIA C. BALCELLS, S.A. may establish special conditions governing the use and/or contracting of specific services offered to users through the Website.
3. User Acceptance
It is understood that access or mere use of the Website by the user implies full acceptance and adherence to each and every one of the General Conditions that AGENCIA LITERARIA C. BALCELLS, S.A. publishes at any time in which the user accesses the Website, and that said conditions will be available to the users.
Consequently, the user must read these General Conditions carefully. In this regard, the term User will henceforth refer to the person who accesses, navigates, or uses the services developed on the Website.
Furthermore, AGENCIA LITERARIA C. BALCELLS, S.A. may allow third parties to advertise or provide their services on the Website. In such cases, AGENCIA LITERARIA C. BALCELLS, S.A. will not be responsible for establishing the general or particular conditions to be taken into account for the use, provision, or contracting of these third-party services and, therefore, cannot be held responsible for them.
4. Website Access and Passwords
In general, prior registration is not required for the User to access and use the website, notwithstanding that such subscription or registration might be required for the use of certain services or contents of the website, in which case the User will be informed and his/her acceptance will be required.
User data obtained in the registration process are protected by passwords chosen by the Users. The User agrees to keep this password confidential and to protect it from any unauthorized use by third parties. The User shall notify AGENCIA LITERARIA C. BALCELLS, S.A. immediately of any non-consensual use of his/her account or any breach of security related to the service of the website, should he/she become aware of it.
AGENCIA LITERARIA C. BALCELLS, S.A. will carry out the technical and organizational measures required to ensure the protection of personal data and prevent unauthorized modification, loss, handling, and/or access, taking into account the state of the art, the nature of the stored data, and the risks they are exposed to, all in accordance with Spanish and European applicable legislation on the protection of personal data.
The Users cannot hold AGENCIA LITERARIA C. BALCELLS, S.A. liable for any disclosure of personal data to third parties that is not due to causes directly attributable to AGENCIA LITERARIA C. BALCELLS, S.A., nor are they responsible for the use of said data by third parties unconnected to Agencia Literaria C Balcells, S.A.
5. Intellectual and Industrial Property Rights
AGENCIA LITERARIA C. BALCELLS, S.A. is a trademark registered at the Trademark Office of the European Union under number 009279431. Therefore, any use of the same or any identifying sign that can lead to confusion about origin or ownership by third parties without the prior written consent of AGENCIA LITERARIA C. BALCELLS, S.A. is expressly prohibited.
The Website "www.agenciabalcells.com" is a domain registered by AGENCIA LITERARIA C. BALCELLS, S.A. This domain cannot be used without prior written consent of Agencia Literaria C Balcells, S.A. in order to avoid any confusion among Users.
AGENCIA LITERARIA C. BALCELLS, S.A. owns the intellectual and industrial property rights of the website and also owns, or has the corresponding license for, the intellectual property, industrial property, and image rights of the content available through the Website.
The reproduction, copy, use, distribution, marketing, or public communication, or any other activity that can be carried out with the information contained in the Website that performed without the express consent of AGENCIA LITERARIA C. BALCELLS, S.A. and/or brand owners constitutes a violation of intellectual and industrial property rights and is punishable by law.
The names and logos displayed on these pages are registered trademarks and may not be reproduced without the due consent of the owners. Any use not previously authorized by Agencia Literaria C Balcells, S.A. will be considered a serious violation of the intellectual and/or industrial property rights of the author.
Under no circumstances shall access and navigation on the part of the User imply waiver, transmission, license, nor partial or total transfer of these rights by AGENCIA LITERARIA C. BALCELLS, S.A
Consequently, it is not permitted to remove, evade, or manipulate the copyright notice (copyright) or any other information on the identification of the rights of AGENCIA LITERARIA C. BALCELLS, S.A. or its owners included in the Content, nor any technical protection devices, digital fingerprints, or any information and/or means of identification that might be included in the Content.
All materials, including, by way of example, but not limited to, illustrations, photographs, videos, products, images, creative work, designs, texts, logos and trademarks (hereinafter, the Content) displayed on the Website are protected by applicable law. Any use, including reproduction, modification, distribution, transmission, republication, exhibition, or representation of the Website Content is strictly prohibited. In addition to the foregoing, AGENCIA LITERARIA C. BALCELLS, S.A. will not grant any license or authorization for personal use to the User with respect to their intellectual property rights, industrial property rights, or any other right related to the Website and the services offered therein.
AGENCIA LITERARIA C. BALCELLS, S.A. retains all rights over the content on the Website.
AGENCIA LITERARIA C. BALCELLS, S.A. declares that it does not give any authorization for the intellectual property rights and/or industrial rights, nor any other right or property related, either directly or indirectly, to the contents included in the Website.
The content of the Website is also considered to be computer software and it is therefore also subject to current Spanish and European Community legislation on the subject.
The total or partial reproduction of the Website or its content, including by hyperlink, for commercial purposes, in any form or by any means, without prior express and written authorization of AGENCIA LITERARIA C. BALCELLS, S.A. is expressly prohibited.
If you are interested in an authorization or license to use the content of the Website, please contact us at firstname.lastname@example.org
This policy refers only to the Website and content of AGENCIA LITERARIA C. BALCELLS, S.A. and does not apply to links or the websites of third parties accessible through the Website.
The destinations of these links are not under the control of AGENCIA LITERARIA C. BALCELLS, S.A. who therefore cannot be held responsible for the content of any websites reached by a link, or any link contained in a web page accessible from the website of AGENCIA LITERARIA C. BALCELLS, S.A. or any changes or updates to these pages.
As a service to our visitors, our Website may contain links or hyperlinks to other sites that are not operated or controlled by agenciabalcells.com.
Therefore, agenciabalcells.com does not guarantee nor can it be held responsible for the legality, reliability, usability, truthfulness and timeliness of the content of such websites or their privacy practices.
Before providing your personal information to third-party websites not related to agenciabalcells.com, please note that their privacy policies may differ from ours.
These links are provided solely to inform the User about the existence of other sources of information on a particular topic. The inclusion of a link does not imply endorsement of the linked website by AGENCIA LITERARIA C. BALCELLS, S.A.
AGENCIA LITERARIA C. BALCELLS, S.A. does not authorize the establishment of a link to the Website from any website that demonstrably promotes hatred, contempt, or discrimination on the grounds of birth, race, sex, religion, nationality, political opinion, or any other personal or social circumstances or any site that, in general, goes against morality, public order or generally accepted social norms.
AGENCIA LITERARIA C. BALCELLS, S.A. assumes no responsibility for any aspect of a website that establishes a link to the Website, including, but not limited to, its operation, access, data, information, files, the quality and reliability of its products and services, its own links and/or any of its content in general.
In the event that AGENCIA LITERARIA C. BALCELLS, S.A. were to become aware that activity or information provided by these links was illegal, criminal or could damage the property or rights of third parties eligible for compensation, AGENCIA LITERARIA C. BALCELLS, S.A will act with diligence to remove or disable the corresponding link as soon as possible.
7. Responsibilities and Guarantees
AGENCIA LITERARIA C. BALCELLS, S.A. will not guarantee the legality, reliability, usefulness, or accuracy of the information disseminated through the Website.
Consequently, AGENCIA LITERARIA C. BALCELLS, S.A. will not guarantee or be responsible for the following:
- the operation of the Website;
- the consistency of the Content of the Website;
the absence of errors in said content or the correction of any errors that may occur;
- the absence of viruses and/or other harmful components on the Website or the server that supplies it;
- the invulnerability of the Website and/or the impregnability of the security measures adopted therein;
- the lack of utility or efficiency of the content of the Website;
- the opinions expressed by Users in the blog, social networks or other participation tools that may be created, as described in the applicable regulations.
- damages of any kind, caused to the User or a third party, by any person who violates the conditions, rules or instructions on the Website or breaches the security systems of the Website.
- damages of any kind that may arise, without limitation, including errors or omissions in the content, unavailability of the Website (periodic stops may be carried out for technical maintenance), and the transmission of viruses or malicious or harmful software from the content, which may take place despite taking every necessary technological measure to prevent it.
However, AGENCIA LITERARIA C. BALCELLS, S.A. declares that it has diligently carried out the necessary measures, within its capabilities and the given state of technology, to ensure the proper functioning of the Website and avoid the appearance and transmission of viruses to the Users, or damage of any kind.
8. Use of the Website
The Contents included in the Website are provided only to consumers or end Users. Any unauthorized commercial use or resale thereof is prohibited barring prior written authorization by AGENCIA LITERARIA C. BALCELLS, S.A.
The User agrees to make appropriate and lawful use of the Website as well as the content and services therein in accordance with the following:
- the law that is applicable at all times;
- Moral standards and generally accepted good manners, and
- Law and order.
The User shall also refrain from the following:
- Making any unauthorized or fraudulent use of the Website and/or its Contents for illegal purposes or effects that are prohibited in the present Conditions that may harm the rights or interests of third parties or damage, disable, overburden, impair or impede in any way the normal use of services or documents, files, or any type of content stored on any computer
- Accessing or attempting to access restricted areas or resources of the Website without meeting the conditions required for such access
- Causing damage to the systems of the Website, its suppliers, or third parties
- Introducing or spreading computer viruses or any physical or logical system capable of causing damage to the software or hardware of AGENCIA LITERARIA C. BALCELLS, S.A., its suppliers, or third parties
- Attempting to access, use, and/or manipulate the data of AGENCIA LITERARIA C. BALCELLS, S.A., third-party suppliers, or other Users
- Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the content unless authorization from the corresponding rights owner is obtained or it is legally permitted
Furthermore, the User agrees to indemnify AGENCIA LITERARIA C. BALCELLS, S.A. for any damages arising from the use of "robots," "spiders," "crawlers," or similar tools used to gather or extract data, or any other action on their part that imposes an unreasonable burden on the operation of the Website.
If the User must register (hereinafter, the Registered User) to use and/or hire a service on the Website, he/she will be responsible for providing true and lawful information.
In view of the foregoing, the User is required to immediately notify AGENCIA LITERARIA C. BALCELLS, S.A. of any event allowing the improper use of usernames and/or passwords, such as theft, loss, or unauthorized access, in order to carry out immediate cancellation of the same. Should such an event fail to be reported, AGENCIA LITERARIA C. BALCELLS, S.A. will be exempt from any liability arising from the misuse of the usernames or passwords by unauthorized third parties.
The access, navigation, and use of the Website is the responsibility of the User, and therefore the User agrees to diligently and faithfully abide by any additional instructions provided by AGENCIA LITERARIA C. BALCELLS, S.A.
9. Social Networking
10. Personal Data Protection
The User may send AGENCIA LITERARIA C. BALCELLS, S.A. his/her personal data through the various means included on the Website for this purpose. These means contain a legal text on the protection of personal data in compliance with the requirements established in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), Organic Law 15/1999, of the 13th of December on the Protection of Personal Data, and its implementing regulation, approved by Royal Decree 1720/2007 of the 21st of December.
Please read the legal texts before providing personal information.
The Website of AGENCIA LITERARIA C. BALCELLS, S.A. is not addressed to minors. The Website owner disclaims any liability for the violation of this requirement. AGENCIA LITERARIA C. BALCELLS, S.A. will not collect the information or personal data of any user under the age of 14 years. If the user is under 14 years of age, he/she should refrain from registering as a User on the Website.
AGENCIA LITERARIA C. BALCELLS, S.A. reserves the right to develop, modify or update at any time, whether wholly or in part, according to their own criteria, whether motivated by legislation, case law or doctrinal change of the Spanish Data Protection Agency, the Policy of Use and Privacy. The User should therefore read this Policy periodically.
The validity of these General Conditions therefore concur with their time of publication unless they are totally or partially modified, at which time the modified conditions will come into effect.
AGENCIA LITERARIA C. BALCELLS, S.A. will pursue the non-compliance of these Conditions as well as any improper use of the Website, exercising all civil and criminal actions that may be applicable by law.
14. Applicable Law and Jurisdiction
The relationship between AGENCIA LITERARIA C. BALCELLS, S.A. and the User shall be governed by Spanish legislation and any dispute shall be submitted to the Courts established by law. For cases in which legislation calls for parties to submit to a regional code of laws, AGENCIA LITERARIA C. BALCELLS, S.A. and the User, expressly waiving any other regional code of laws that may apply, shall appear before the Courts of the city of Barcelona.