Legal advice
IDENTIFICATION DATA
The data below is given in compliance with the reporting obligations contained in Article 10 of Law 34/2002, of July 11, on Information Society and Electronic Commerce Services (LSSI):
The owner of www.winespiralproject.com (hereinafter the Site) is SPIRAL PROJECT S.L. (hereinafter WSP), with Tax Identification Number B26451773, registered with the Commercial Register of La Rioja, Volume 696, Book 0, Folio 161, Section 8, Page: LO-12801, entry 1, and registered office in Piqueras 31, 3º. Zip Code 26006 Logroño, La Rioja.
Phone: 0034 941 031 999. Email address: info@winespiralproject.com
OBJECT
These website and community general terms regulate access and use by any person to domain www.winespiralproject.com, which is owned by WSP, as well as content and services provided therein. Access to this website or its use by the USER implies, without limitation, the abidance and acceptance of these Terms.
GENERAL TERMS OF USE OF THE WEBSITE
Access and/or use of this community confers the status of USER who accepts, from such access, the General Terms of Use listed here.
1. INTELLECTUAL PROPERTY OF THE SITE AND ITS CONTENTS
All rights associated with intellectual and industrial property are expressly reserved by WSP. The source code, graphics, images, photographs, sounds, animations, software, textS, domain names, trademarks, as well as the information and the contents found anywhere throughout the website are protected by Spanish law for WSP.
WSP does not authorize the reproduction, publication, computer processing, distribution dissemination, modification, transformation or decompilation or any other legally recognized rights of the owner, either in whole or in part, without prior written permission. The USER shall solely use the material on this website for personal and private use, and it is forbidden to use it for commercial purposes or for any other uses other than personal and private use.
2. UNDERTAKINGS OF WINE SPIRAL PROJECT
1. No misleading advertising
WSP agrees not to engage in misleading advertising. For this purpose, any formal or numeric errors which may be found throughout the content of the various sections of the website, resulting from incomplete or faulty maintenance and/or update of the information contained in these sections shall not be considered misleading advertising. As a result of the provisions of this paragraph, WSP undertakes to correct such errors as soon as it becomes aware of them.
2. No unidentified commercial messages are submitted
Under the provisions of Law 34/2002, on Information Society and Electronic Commerce Services, WSP agrees not to submit any advertising or promotional messages by email or any other means of electronic communication without identifying them as advertising and without having been previously requested or expressly authorized by the recipient thereof.
For this purpose, any information sent to the USERS of WSP provided its object is to maintain the existing relationship and the performance of the tasks of information, and any other activities of the service that the USER has established with WSP shall not be considered as commercial messages.
Furthermore, recipients may revoke theit consent for the processing of their data for promotional purposes in a direct, simple and free manner.
GENERAL TERMS OF USE OF THE COMMUNITY
1. ACCESS REQUIREMENTS
You must be of legal age in order to sign up and to create a profile within the platform. In the event that an under-age person requests to create a profile, the express consent of their parents or guardians will be required. In order to do this:
- WSP may request information at any time to verify the actual age of the participants in the community.
- WSP reserves the right to block or delete profiles if the information requested is not submitted within the set time.
- Should WSP find out that an under-age person has registered without the consent of their parents or guardians, WSP may delete the profile.
2. OBLIGATIONS OF THE USER
Access and/or use of this portal confers the status of USER who accepts, from such access, the General Terms of Use listed here. The user shall be responsible for compliance with any laws and regulations in force as well as with any rules applicable to the use of the www.winespiralproject.com website.
Users who sign up via the www.winespiralproject.com website declare to be of age. Under-age persons signing up requires the prior consent of their parents, guardians or legal representatives, who will be held responsible for signing up performed by the under-age persons in their care. It is the under-age persons who must seek the necessary consent for signing up.
Once WSP services have been hired, the user agrees to keep the email address provided on the registration form for communication with WSP operational, active and up to date, since it is the media preferred by WSP.
The USERS shall be solely responsible for the use and conservation of the login and password provided by WSP in order to use the tools made available to them on the website, as they are the identification required so that WSP can perform USERS’ access authentication. Use of this identification and disclosure, even to third parties, is performed under the sole responsibility of the USER.
The USER has full responsibility for the content of information transmitted and any legal action that may be taken in reference to intellectual or industrial property.
The types of content which are listed below will result in immediate removal, warnings, penalties and/or suspension on the Website. The reasons for termination are not limited to those listed below, since other inappropriate content can also lead to exclusion from the website:
1. Use that is contrary to Spanish law or infringes the rights of others.
2. Publication or transmission of any content that is violent, obscene, abusive, illegal.
3. Collection and/or use of personal data about other users without their express consent or in breach of the provisions of Organic Law 15/1999 of December 13, on Protection of Personal Data and any legislation developing such matter.
4. Use of the resources available on the website and email addresses for the purposes of spam, mail bombing, phishing, escrow fraud, scam 419, pharming, spreading viruses (trojans, worms, etc.) or any other type of activity for sabotage, fraud or criminal purposes.
5. Use of JavaScript, active or with any other coding, which leads to the repetition of messages and any other action that interferes with the operation of the site.
6. Publication of contact information of another person.
7. Encouraging others to violate WSP policies or Terms of Use.
8. Advertising products, sales, services or commercial websites that include commercial offers or requests for charity.
9. Refusing to follow the instructions of WSP staff members.
10. Publication of personal emails.
11. Debating or forwarding deleted messages or debates regarding members who are no longer registered.
12. Publication of copyrighted content without permission from the owner.
13. Publication of images showing people without their consent.
14. Publication of videos showing people without their consent.
15. Signing up with the community as an under-age person without the express consent of parents or guardians.
3. RESPONSIBILITIES OF WINE SPIRAL PROJECT
WSP shall not be responsible for any viruses that originate in a data transmission introduced by third parties generated for the purpose of causing damage to computer systems.
The USER may find links taking or redirecting to websites, blogs, materials or Internet sites not managed by WSP and over which WSP has no control, and is not responsible for their content, services or products offered from them, or for the veracity of the information the third parties may offer or any other content that is offered.
WSP shall under no circumstances be held responsible for damages of any kind that may result from errors or omissions in the content and the lack of availability of the portal caused by deficiencies or overloading of the telephone lines or the Internet, or for damage to third parties through illegitimate meddling beyond WSP’s control, but agrees to take appropriate steps to restore the services offered by the website as quickly as possible.
WSP shall not be liable for any damages arising from any USER violations involving rights of other USERS or third parties, including copyrights, trademarks, patents, confidential information and any other intellectual or industrial property rights.
WSP shall not be responsible for the opinions expressed by USERS on the various instruments of the website, this content being the sole responsibility of the author.
WSP shall in no way be identified with any of the opinions expressed in them.
The owner of the Site is authorized to temporarily suspend, without prior notice, access to the Site for the purposes of maintenance, repair, update or improvement.
4. INTELLECTUAL PROPERTY OF USERS
All data, files, images or any other material protected by intellectual property rights used by community users, shall be understood as the USER has at all times the intellectual property rights required by law for inclusion in the community and it shall also be deemed that the USER will maintain any necessary rights of exploitation, dissemination or any other similar protected action of the aforementioned files for use in the community.
In the event that the USERS publish files for which they do not hold the exploitation and/or dissemination rights as required by law, they shall be liable to the rightful owners while leaving WSP harmless from any and all liability. The USER, in turn, shall be responsible for obtaining any relevant authorization or permit, while obtaining such authorizations shall not be transferred to WSP nor any responsibilities may be derived from this cause.
5. DATA PROTECTION
In accordance with Article 5 of Organic Law 15/1999 of 13 December on Personal Data Protection (LOPD), you are informed that any personal data and contact information provided in the community access form and USER profile identification will be included in a database owned by WSP and will be used to maintain the relationship established, which shall be understood as information tasks and any other activities that may be of interest to the USER.
The USER declares that all the data provided by them are true and correct and undertakes to keep them updated, shall be accountable for their authenticity and shall be solely responsible for any disputes or litigation which may result from falsehood of such data.
WSP does not store or process any other own or third party personal data that Users may include while using the community services, with the exception of the profile.
You may exercise your right of access, rectification, cancellation and opposition established in accordance with the provisions of LOPD at any time, by notice to info@winespiralproject.com
6. COOKIES
6.1. Use of cookies: www.winespiralproject.com uses cookies which are stored on your computer. Cookies are small files that WSP system sends to the USER’s, though it does not provide any information regarding the name or any personal data. The cookies used cannot read data from other computers or read already existing cookies. When the user surfs www.winespiralproject.com the server where it is hosted automatically recognizes the IP address of your computer, the date and time when the visit begins and ends, as well as information about the different sections consulted. It is necessary that the server knows this data in order to establish communication and to send you the request and also in order for our website to be displayed on the screen through the browser.You can set your browser to notify you on screen if you are going to receive a cookie. You can set your computer so you do not receive these cookies, this will not prevent you from accessing information on WSP’s website.
6.2. Web statistics: This site uses Google Analytics as a web statistics system. Therefore the following terms are included in the website privacy policy:
“This website uses Google Analytics, a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be directly transmitted to and stored by Google on servers in the United States. Google will use this information on our behalf in order to keep track of your use of the website, by compiling reports on website activity and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties when required by law or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the processing of the data or information by rejecting the use of cookies by selecting the appropriate settings on your browser. However, you should know that doing so may result in not being able to fully use the functions of this website. By using this website you consent to the processing of data about you by Google in the manner and for the purposes stated above.”
7. OVERVIEW
WSP will act against any breach of these terms and conditions and against any misuse of their Site by exercising all civil and criminal actions they may be entitled to by law.
8. AMENDMENTS TO THESE TERMS AND DURATION
WSP may change the information contained in its website without prior notice, and may change, remove or add content as well as the manner, settings and layout in which it is presented or located on the Site.
In addition, WSP has the power to modify the terms specified herein at any time, which shall be duly published as they appear here. The validity of these conditions shall be based on their display and shall remain valid until amended by other duly published conditions.
9. APPLICABLE LAW AND JURISDICTION
WSP and the USER expressly waive any other jurisdiction, and shall be subject to the Courts applicable to WSP’s registered office, ie the Courts of the city of Logroño (Spain).
CONTRACTS
You can download our Contract.