 |
| |
|
|
| CONDITIONS
OF USE |
The
terms and conditions given below (the “Conditions of Use”)
regulate access and use of the blogging service (the “Service”)
located at URL www.pullandbear.com
or www.pullbear.com,
owned by PULL & BEAR ESPAÑA, S.A., a company whose
business registered address is in Arteixo (15142 - A Coruña
- Spain), at Av. de la Diputación, Edificio Inditex and
holder of Spanish Tax Identity Code (CIF) A-15108673 (“Pull&Bear”).
PLEASE
READ THE CONTENTS CAREFULLY BEFORE USING THE SERVICE. ACCESS
AND USAGE CONSTITUTE FULL ACCEPTANCE WITHOUT EXCEPTION OF
THE CONDITIONS OF USE INCLUDED IN THE VERSION PUBLISHED ON
ACCESS.
IF YOU DECIDE NOT TO ACCEPT THE CONDITIONS OF USE YOU MUST
ABSTAIN FROM ACCESSING THE SERVICE.
|
| |
CONDITIONS
OF USE |
|
| |
1.
Nature of Service
The Service consists of a technical mechanism for the storage
and transfer of data that permits the exchange and storage of
the messages sent by users. Pull&Bear acts solely as a mere
supplier of intermediary services, pursuant to the terms and
conditions stipulated in Act 34/2002, dated 11 July, regarding
Information Society Services.
2. Service Configuration
Pull&Bear reserves the right to modify at any time and without
prior notice, the presentation and configuration of this Service.
3. Login process
In order to take part in the Service, you must be registered.
The login process requires you to (i) provide full, true and
accurate data regarding your identity and (ii) update the login
data in order to guarantee that they remain full, true and accurate.
You shall undertake to ensure due and proper use of your user
name and password and to keep both secret. You shall be solely
liable for keeping your access data confidential, personally
accepting responsibility for all activities that are carried
out or take place through their usage. Likewise, you are required
to notify Pull&Bear immediately of any real or suspected
loss, theft or unauthorised use of your password.
You are entitled to cancel and deactivate your login at any
time by using your user name and password. Pull&Bear reserves
the right to cancel all those logins that remain inactive for
an unreasonable period of time.
4. Rules of behaviour
You are expressly required to use the Service in a diligent
and correct manner, and to comply with the following rules regarding
access and use of the Service, and to assume any liability that
may arise as a result of failure to comply with the aforementioned
rules. Specifically: |
|
| |
|
|
|
|
| 1.
User identity
You are required to undertake not to give a false identity,
pretending to be another person or to lie about your relationship
with any other person and/or organisation.
2. Respect for other users
You undertake not to threaten, harass or in any way pester third
parties, as well as not to collect or store personal information
about other Service users without complying with legislation
in effect regarding data protection. Likewise, you undertake
not to make data obtained from the distribution lists available
to third parties for any purpose whatsoever.
3. Activities that breach the Law, morals and public order
You hereby undertake not to use the Service to carry out activities
that breach the law, accepted general practice or established
public order or are immoral, for illicit ends or objectives,
or those that are forbidden or infringe the rights of third
parties.
4. Use, transfer and diffusion of contents and services
You hereby undertake to refrain from carrying out any activity
that may damage, disable, overload or deteriorate the Service
or impede users from using or benefiting from the Service as
normal.
You are forbidden from diffusing, storing and/or managing contents
that may breach the rights of third parties or any other regulations
governing rights of a civil, criminal or administrative nature
or of any other nature.
It is also forbidden that the contents transferred, stored and/or
managed via the Service:
|
|
|
|
|
| (i)
|
|
Attack
the protection of children, young people and women;
|
| (ii)
|
|
Encroach
or infringe on the privacy of third parties; |
| (iii)
|
|
Represent
or may represent in any way whatsoever a risk for users’
health or physical or psychic health;
|
| (iv)
|
|
Be false, ambiguous, inaccurate, exaggerated and/or untimely,
potentially leading to misinterpret their object or intentions
or users’ objectives; incite or promote any type of (a)
criminal, slanderous, defamatory and/or violent actions, (b)
acts, attitudes and/or ideas that discriminate against gender,
race, religion, beliefs, age or condition (c) actions that lead
to an unacceptable state of anxiety or fear; include criminal,
violent, pornographic or degrading messages, and/or which are
in any form whatsoever contrary to morals, commonly accepted
good practices or the established public order;
|
| (v)
|
|
Include
viruses or any other computer code, file or program designed
to interrupt, destroy or restrict the functioning of any software,
hardware or telecommunications equipment;
|
| (vi)
|
|
Be
susceptible, pursuant to the applicable legal provisions, of
breaching intellectual or industrial property rights and other
similar rights applicable to third parties, and/or
|
| (vii)
|
|
Represent
privileged information and/or elements protected by industrial
or intellectual property rights, or information upon which an
obligation of confidentiality exists, etc.
|
5. Sending of unauthorised communications
You undertake not to carry out any of the following but by no
means all inclusive actions: (i) to send (a) advertising of any
type whatsoever or communications of a commercial or advertising
natures and (b) unsolicited or previously non-consented messages
to a group of people; and (ii) not to use distribution lists accessible
via the Service for the purpose of carrying out any of the actions
listed above.
6. Service operations
You hereby undertake not to damage, disable or deteriorate Pull&Bear’s
IT and telecommunication equipment and systems, nor those of the
Service users or any other third parties, nor the contents included
and/or stored therein.
|
| |
In the event of the breach of any of the rules of behaviour
listed above or should any other offensive conduct arise, Pull&Bear
reserves the right to suspend or terminate the user’s
right to use the Service. Pull&Bear shall also be entitled
to immediately deactivate or delete the offending contents without
prior notice.
Pull&Bear reserves the right to review the contents and
to make public those it deems appropriate and that respect the
rules of behaviour listed above.
5. Liability for contents
All contents spread via this Service, as well as any resulting
comments and remarks, are the sole liability of their author.
Pull&Bear does not necessarily share the opinions given
by users and rejects all liability for the contents published.
6. Interruption of Service
In the event of the need to carry out maintenance, repairs,
updating or improvements to the system or any situations that
may arise, and for the purpose of guaranteeing the quality of
the service provided, Pull&Bear reserves the right to temporarily
suspend the Service without prior notice.
7. Cancellation
You hereby acknowledge and accept that Pull&Bear may at
any time, and at its own discretion and without prior notice,
temporarily interrupt or deactivate, or permanently cancel the
Service. You hereby accept that Pull&Bear shall not be liable
before you or any third party for the temporary or permanent
interruption, cancellation or deactivation of the Service.
7. Intellectual property
You are responsible for ensuring that the information and/or
contents sent do not breach the rights of third parties or infringe
any applicable legislation. You hereby assume the obligation
of maintaining both Pull&Bear and its representatives safe
and free from all liability that may arise from al types of
actions, legal or other, that may result from the breach of
rights of third parties or legislation in force.
10. Data Protection
Pull &Bear España, S.A., with registered business
address at Av. de la Diputación, Edificio Inditex, 15142,
Arteixo, A Coruña (Spain), is responsible for this file
and undertakes to respect the confidentiality of information
of a personal nature and to guarantee your rights to access,
rectification, cancellation and opposition, which you are entitled
to exercise by sending a written communication to this effect
to the attention of the “Organic Data Protection Act Function”
to the address given above.
11. Modifications to the Conditions of Use
Pull&Bear reserves the right to modify at any time the terms
and Conditions of Use under which this Service is offered, and
it is your responsibility to regularly check this section for
any such modifications.
12. Jurisdiction and Applicable Legislation
The Service is run and controlled by Pull&Bear from its
offices in Spain. Consequently, all issues that may arise from
the access and/or use thereof shall be understood to be regulated
and interpreted pursuant to Spanish legislation.
In the event that you reside outside Spain, you hereby waive
any jurisdiction that may correspond to you, and expressly subject
yourself for the resolution of any legal incidents that may
arise, to the corresponding Courts and Tribunals of the Kingdom
of Spain.
Without prejudice to any translation of these Conditions of
Use, the version in Spanish shall prevail in the event of conflict
and the prevalent language shall be Spanish.
13. Further information
Should you require any further information, or have a suggestion
or proposal to make, please contact the Customer Service Department
via the WRITE TO US form at www.pullandbear.com.
|
|
| |
©
2008, PULL&BEAR ESPAÑA, S.A. All rights reserved. |
|
|