- INTRODUCTION AND COMPANY INFORMATION
In compliance with Article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce as well as Organic Law on Data Protection 15/1999 of December 13, users of the website http://www.maxvalley.com are informed of the following aspects:
MAXVALLEY S.L., with VAT number B86845237, and registered office at Carretera de Fuencarral to Alcobendas, 44, building 6 loft 49, 28108 Alcobendas (Madrid), is the owner of the website http://www.maxvalley.com.
- PURPOSE AND SCOPE OF APPLICATION
2.1. These General Conditions regulate access to the Content and all the Services offered by MAXVALLEY S.L. through its Website and APP, including comments on news and articles, Blogs, chats, and any other, as well as their use by Users. However, MAXVALLEY S.L. reserves the right to modify the presentation, configuration, and content of the Website, APP, and Services, as well as the conditions required for their access and/or use. Accessing and using the Content and Services after the entry into force of its modifications or changes in the conditions implies acceptance of them.
2.2. However, access to certain content and the use of certain services may be subject to certain specific conditions, which, as the case may be, will replace, complete, and/or modify these general conditions of use, and in case of contradiction, the contradictory terms of the particular conditions will prevail over the general conditions. In this case, the User must carefully read the particular conditions created, if applicable, for this purpose by MAXVALLEY S.L.
In this sense, a User will be understood as the person who accesses, browses, uses, or participates in the services and activities, free or paid, developed on the Website and APP.
3.1. In general, access to information about the different products and services available on the website www.maxvalley.com and APP available on the mobile APP markets, as well as their browsing, will be free and unrestricted. Users are not required to register with the consequent provision of their personal data, nor the use of keys or passwords.
3.2. Access to the Website and APP by minors is prohibited unless they have the prior and express authorization of their parents, guardians, or legal representatives, who will be considered responsible for the actions carried out by the minors under their care, in accordance with current regulations. In any case, it will be presumed that the access made by a minor to the Website and APP has been done with the prior and express authorization of their parents, guardians, or legal representatives.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
The User acknowledges and accepts that all trademarks, trade names, or distinctive signs, all industrial and intellectual property rights, over the contents and/or any other elements inserted on the website, are the exclusive property of MAXVALLEY S.L. and/or third parties, who have the exclusive right to use them in economic traffic.
In no case does access to the website and APP imply any waiver, transfer, license, or total or partial assignment of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website and APP do not grant Users any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the same and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by MAXVALLEY S.L. or the third-party owner of the affected rights.
If any User or third party believes that any of the content of the website owned by MAXVALLEY S.L. violates their intellectual or industrial property rights, they must send a communication with the following information:
Identifying data and contact information of the claimant or their legal representative.
Documentation proving their status as the owner of the allegedly infringed rights.
Detailed account of the rights allegedly infringed by MAXVALLEY S.L., as well as the exact location within the website www.maxvalley.com and in the APP.
Express declaration by the claimant that the use of the content has been made without the consent of the owner of the allegedly infringed rights.
4.1 Domain Names.
In the same sense as referred to in the previous section, the domain name www.maxvalley.com and all those used to directly access the other websites of the group are the exclusive property of MAXVALLEY S.L.
Any improper use without the necessary permission would constitute an infringement of the rights conferred by their registration and will initiate legal actions.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any existing intellectual creation on this site, as well as the site itself as a multimedia artistic work, are protected by copyright legislation on intellectual property.
4.3 Personal Use.
MAXVALLEY S.L. authorizes Users to use, view, print, download, and store the contents and/or elements inserted on the website exclusively for personal use; provided that in any case, the origin and/or author of the same are indicated, and that, if applicable, the copyright symbol and/or industrial property notes of their owners appear. The use of such elements, their reproduction, communication, and/or distribution for commercial or profit-making purposes, as well as their modification, alteration, or decompilation, is strictly prohibited.
For any other use other than those expressly permitted, it will be necessary to obtain the prior written consent of the rights holder concerned.
4.4 Reservation of Actions.
The User of this website agrees to respect the rights mentioned and to avoid any action that could harm them, reserving in any case MAXVALLEY S.L. the exercise of any means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
- USE OF THE PAGE
5.1. The User undertakes to use the Services provided by the Websites and APPs of the different companies that make up MAXVALLEY S.L. in accordance with the law and these General Conditions. The User agrees to refrain from using the Services for illegal purposes or effects or contrary to what is established in the General Conditions.
5.2. The User agrees and understands that in the services of commenting on news, Blogs, sending information through forms, as well as any others that allow the publication of Users’ opinions, advertisements, email chains, or any other content other than the expression of opinion or debate on articles or news is not accepted. By using the Services, the User agrees to these General Conditions, undertaking not to use them to send messages that defame or insult, or that contain false information, that are inappropriate, abusive, harmful, pornographic, threatening, that damage the public image or private life of third parties, or that for any reason infringe any law.
5.3. In particular, and by way of example and not limitation, the User undertakes not to capture data for advertising purposes, not to send any type of online advertising, and not to transmit, disseminate, or make available to third parties through the Services provided by www.maxvalley.com, information, messages, graphics, sound or image files, photographs, recordings, software, and in general any kind of material, data, or content that, without limitation:
(a) engage in illegal, unlawful activities or contrary to good faith and public order
(b) in any way contravene, belittle or infringe upon the fundamental rights and public freedoms constitutionally recognized or in international treaties and the rest of the legal system;
(c) induce, incite or promote criminal, denigrating, defamatory or violent actions;
(d) induce, incite or promote discriminatory actions, attitudes or ideas based on sex, race, religion, beliefs or age;
(e) incorporate criminal, violent or degrading messages;
(f) induce or incite involvement in dangerous, risky or harmful practices for health and psychological balance;
(g) be false, ambiguous, inaccurate, exaggerated or untimely, in a way that may lead to error about its object or the intentions or purposes of the communicator;
(h) be protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their holders the necessary authorization to carry out the use that they carry out or intend to carry out;
(i) violate third party trade secrets;
(j) be contrary to the right to honor, personal and family privacy, or the image of individuals;
(k) infringe the regulations on communications secrecy;
(l) cause, due to their characteristics (such as format, extension, etc.), difficulties in the normal operation of the Services.
- LICENSE ON COMMUNICATIONS
6.1. In the event that the User sends information of any kind to MAXVALLEY S.L. through the Website and APP, through the channels provided for this purpose on the page itself, the User declares, guarantees, and accepts that they have the right to do so freely, that such information does not infringe any intellectual property rights, trademark, patent, trade secret, or any other third-party right, that such information is not confidential, and that such information is not harmful to third parties.
6.2. The User acknowledges responsibility and will indemnify MAXVALLEY S.L. for any communication they provide personally or on their behalf, reaching such liability without restriction the accuracy, legality, originality, and ownership thereof.
- RESPONSIBILITIES AND WARRANTIES.
MAXVALLEY S.L. does not guarantee continuous access, nor the correct viewing, downloading, or usefulness of the elements and information contained on the pages owned by it, which may be impeded, hindered, or interrupted by factors or circumstances beyond its control.
MAXVALLEY S.L. does not guarantee the truthfulness, accuracy, completeness, or timeliness of the documents contained on its websites.
Consequently, MAXVALLEY S.L. does not guarantee or assume any responsibility for:
(i) the continuity of the contents of the Website and APP;
(ii) the absence of errors in such content or products;
(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, APP, and/or the impregnability of the security measures adopted in it;
(v) the lack of usefulness or performance of the contents and products of the Website;
(vi) the damages or harm caused, to itself or to a third party, by any person who breaches the conditions, rules, and instructions established by MAXVALLEY S.L. on the Website and APP or through the breach of the security systems of the Website and APP.
Nevertheless, MAXVALLEY S.L. declares that it has taken all necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website / APP and to prevent the existence and transmission of viruses and other harmful components to Users.
If the User becomes aware of the existence of any illicit, illegal, contrary to the laws or that could infringe any intellectual or industrial property rights, they must immediately notify MAXVALLEY S.L. so that it can take appropriate measures.
8.1 Links to other Web pages
In the event that on the Website and APP, the User could find links to other Web pages through different buttons, links, banners, etc., these would be managed by third parties. MAXVALLEY S.L. does not have the authority or human or technical means to know, control, or approve all the information, content, products, or services provided by other websites that may have links from the Website and APP.
Consequently, MAXVALLEY S.L. cannot assume any responsibility for any aspect related to the Web page to which a link from the Website and APP may be established, in particular, including but not limited to, its operation, access, data, information, files, quality, and reliability of its products and services, its own links and/or any of its content, in general.
In this sense, if Users have effective knowledge of the illegality of activities carried out through these third-party websites, they must immediately notify MAXVALLEY S.L. for the purpose of disabling the access link to it.
The establishment of any type of link from the Website and APP to another external website does not imply the existence of any relationship, collaboration, or dependence between MAXVALLEY S.L. and the responsible party of the external website.
8.2 Links on Other Websites Leading to the Website:
If any User, entity, or Website wishes to establish any type of link leading to the Website, they must adhere to the following stipulations:
(a) The link can only be directed to the Homepage or Main Page of the Website, unless expressly authorized in writing by MAXVALLEY S.L.
(b) The link must be absolute and complete, meaning it must take the User, with a single click, to the actual URL address of the Website and must cover the entire extent of the screen of the Website’s Main Page. Under no circumstances, unless expressly and in writing authorized by MAXVALLEY S.L., may the Website linking to the Website reproduce, in any manner, the genuine Website, include it as part of its Website or within one of its “frames,” or create a “browser” over any of the pages of the Website.
(c) Likewise, on the page establishing the link, it cannot be declared in any way that MAXVALLEY S.L. has authorized such link, unless MAXVALLEY S.L. has expressly and in writing done so. If the entity establishing the link from its page to the Website wishes to include in its webpage the brand, name, commercial name, label, logo, slogan, or any other type of identifying element of MAXVALLEY S.L. and/or the Website, it must obtain prior express written authorization.
(d) MAXVALLEY S.L. does not authorize the establishment of a link to the Website from those Websites containing materials, information, or contents that are illegal, degrading, obscene, and in general, contravene morality, public order, or generally accepted social norms. MAXVALLEY S.L. does not have the faculty or technical means to know, control, or approve all the information, contents, products, or services provided by other Websites that have established links to the Website. MAXVALLEY S.L. assumes no responsibility for any aspect related to the Website that establishes such link to the Website, specifically, including but not limited to, its operation, access, data, information, files, quality, and reliability of its products and services, its own links, and/or any of its contents, in general.
- DURATION AND MODIFICATION
10.1 MAXVALLEY S.L. may modify the terms and conditions stipulated here, in whole or in part, by publishing any changes in the same manner as this Legal Notice appears or through any type of communication directed to the Users.
10.2. The temporal validity of this Legal Notice coincides, therefore, with the time of its exposure, until it is modified in whole or in part, at which time the modified Legal Notice will become effective.
10.3. Regardless of the provisions in the specific conditions, MAXVALLEY S.L. may terminate, suspend, or interrupt access to the contents of the page at any time without the need for prior notice, with no possibility for the User to demand any compensation. After such termination, the prohibitions on the use of the contents outlined in this Legal Notice will remain in effect.
11.1 The headings of the different clauses are for informational purposes only and will not affect, qualify, or expand the interpretation of the Legal Notice.
11.2. In case of any discrepancy between what is established in this Legal Notice and the specific conditions of each specific service, the provisions of the latter shall prevail.
11.3. In the event that any provision or provisions of this Legal Notice is/are considered null or unenforceable, in whole or in part, by any Court, Tribunal, or competent administrative body, such nullity or unenforceability will not affect the other provisions of the Legal Notice.
11.4. The failure or non-execution by MAXVALLEY S.L. of any right or provision contained in this Legal Notice shall not constitute a waiver thereof, except by acknowledgment and written agreement on its part.
The relationships established between MAXVALLEY S.L. and the User will be governed by the provisions of the current regulations regarding applicable law and competent jurisdiction. However, in cases where the regulations foresee the possibility for the parties to submit to a jurisdiction, MAXVALLEY S.L. and the User, with express waiver of any other jurisdiction that may correspond to them, will submit any disputes and/or litigations to the knowledge of the Courts and Tribunals of the city of MADRID.