GENERAL CONDITIONS
1.- PRIOR INFORMATION.
The present General Conditions of Use (hereinafter, the "General Conditions") regulate the access, navigation and use of the services of this Web Site la-palma-we-can-do-it.com (hereinafter, the "Web Site") ownership of LAPALMAPIXEL.
In compliance with the duty of information set forth in Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we detail below the data of the owner of this Website:
- Title: TuneraSoft S.L.
- N.I.F.: B67649194.
- Registered office: C. Fernández Taño, 5
- Email: info@infolapalmapixel.com
2.- ACCEPTANCE OF THE GENERAL CONDITIONS AND ACCESS TO THE WEBSITE
By accessing and using the services of the Website, the user accepts these General Conditions, which define the rights and obligations of the Website of LAPALMAPIXEL. These are the only General Conditions applicable to the use of the Site.
We call "Users" of the Website any person registered or using it. Anyone may use the Website as long as they agree to the General Terms and Conditions along with all other policies and principles that govern the Platform and which are detailed below.
The Services provided on this Website are governed by: (i) these General Conditions; (ii) Particular Conditions that may be published on the Website (iii) the current and applicable laws, sectoral regulations and general criteria and practices.
The User undertakes to make appropriate use of the contents, services, applications and tools that are accessible on the website, subject to the Law and these Conditions.
In case of total or partial non-compliance by the User with these General Conditions, LAPALMAPIXEL reserves the right to deny access to the User without prior notice.
2.1.- Registration and access.
For access to certain services and tools of LAPALMAPIXEL it is necessary that the user provides a series of data through an existing form on the Website.
Information and data to facilitate, be truthful and accurate, being in any case the User responsible for the false or inaccurate statements made and for the possible damages that may cause to LAPALMAPIXEL and to other users by the information provided.
The User shall be solely and exclusively responsible for the damages, expenses of the use of the Service by third parties and consequences that may arise from the loss, theft, disclosure to third parties, or breach of the custody obligations assumed by the User.
LAPALMAPIXEL will adopt all the measures at its disposal to prevent any type of conduct contrary to Spanish Laws and will cooperate with the competent Authorities in the identification of the subjects responsible for the actions that may involve violations of the laws applicable to this Website.
3.- GENERAL CONDITIONS OF THE PIXEL.
The present General Terms and Conditions aim to regulate the relationship between the User and LAPALMAPIXEL (formalized through a symbolic acquisition, by virtue of which the user makes a direct purchase with the amount selected through the Website).
3.1.-Requirements.
To make a bought through this website you will need to meet the following requirements:
- Be of legal age and have full capacity to act.
- If you are a representative of a legal entity, you must have sufficient powers to represent it and sign on its behalf.
3.2.-Procedure.
The User makes a direct purchase with the amount chosen in the forms available on the website. The purchase will consist of the symbolic acquisition of a pixel represented on a map of the island of La Palma.
The user will fill in a form with the requested data (name, surname, email, etc.).
Payment method: credit or debit card.
The purchase process is of immediate confirmation and the amount is paid at the moment of formalising the purchase. Payment by credit card will be made through the POS (Accepted methods: Visa and MasterCard ). The User will see a confirmation of successful payment and will have the possibility to download an invoice.
3.2.1 Form
The purchase will be made by filling in a form, indicating the quantity, personal data and accepting these conditions. You can indicate further data (Nickname, comment, link, etc.) in order to be displayed on the website.
3.2.2 Personalised pixel data
You may enter a nickname, comment and link to be displayed on the website. The use of inappropriate language or subject matter will not be allowed, for this reason, we reserve the right to moderate these contents and delete them in the event of non-compliance with this policy.
4.- PIXEL MAP LA PALMA
It is a map with a layer that divides the geography of the island into zones or “pixels” of around 16,000 m². These pixels can be “acquired” symbolically.
4.1 Number and types of pixels
There are around 50,000 pixels available, which can be expanded in the future.
There are 3 types of pixels on the map.
- Free, which can be purchased with a minimum of 2 euros.
- Reserved, map pixels that LAPALMAPIXEL reserves to be released in the future.
- Busy, pixels bought.
4.2 Use
LAPALMAPIXEL and its associates reserve the future use of the pixel map in order to preserve it in time, as well as change the conditions here present.
5.- GENERAL OBLIGATIONS OF THE USER.
By accepting these General Conditions, the User expressly undertakes to:
The User shall be liable for all damages of any kind that the LAPALMAPIXEL OR any third party may suffer as a result of the breach of any of the obligations to which it is subject by virtue of these Conditions General or the law in relation to access and/or use of the Website.
6.- INTELLECTUAL PROPERTY, INDUSTRIAL AND MAINTENANCE.
All rights to the content, design and source code of this Website and, in particular, including but not limited to, all rights to photographs, images, texts, logos, designs, trademarks, trade names, data included on the Website and any other intellectual and industrial property rights are held by TUNERASOFT, S.L. that has ceded and developed the content of the website so that LAPALMAPIXEL use them in order to develop its founding activity and objectives indicated in the present conditions. The rest of the contents are the exclusive property of LAPALMAPIXEL and third parties who have ceded their use.
For this reason and pursuant to the provisions of Royal Legislative Decree 1/1996 of 12 April, approving the consolidated text of the Law on Intellectual Property, regularizing, clarifying and harmonizing the legal provisions in force on the subject, as well as Law 17/2001, of 7 December Trademarks and the supplementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including their mode of making available, shall be expressly prohibited, of all or part of the contents of the Website, in any support and by any technical means, unless expressly authorized in writing by LAPALMAPIXEL.
LAPALMAPIXEL does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case shall it be understood that the access and navigation of the Users implies a renunciation, transmission, license or total or partial cession of said rights by LAPALMAPIXEL.
Any use of these contents not previously authorized by LAPALMAPIXEL will be considered a serious breach of intellectual or industrial property rights and will result in legally established responsibilities.
7.- RESPONSIBILITY.
LAPALMAPIXEL does not grant any guarantee nor is responsible, in any case, for the damages of any nature that could derive from the access or use of the contents or the Website. Among others, and by way of enunciation and not limitation, LAPALMAPIXEL does not take responsibility for the following circumstances:
- Loss, damage, force majeure or by acts attributable to the User;
- The lack of availability, maintenance and effective functioning of the website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind which may be due to the lack of availability or continuity of the operation of the Website, for example, errors or delays in the User’s access to the Website when entering their data in the form, the slowness or impossibility of confirmation or any anomaly that may arise and that is foreign to the good faith of LAPALMAPIXEL;
- The lack of usefulness of the Website or the contents for any service;
- The content of other websites to which links or links inserted in the Website of LAPALMAPIXEL may be addressed;
- The existence of viruses, malicious or harmful programs on the Website; and
- Of the unlawful, negligent, fraudulent use, contrary to these General Conditions or to the good faith, of the Website or its contents, by the Users, including any infringement of the intellectual and/or industrial property rights of LAPALMAPIXEL or of third parties.
In any case, LAPALMAPIXEL is committed to solve the problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution of the incidence.
8.- PROTECTION OF PERSONAL DATA.
The User may consult all information on the processing of personal data, as well as the exercise of their rights in the Privacy Policy of this Website, as well as request it directly in writing to our email.
9.- NULLITY AND EFFECTIVENESS OF THE CLAUSES
All the clauses or extremes of these General Conditions must be interpreted independently and autonomously, and the rest of the stipulations will not be affected if one of them has been declared null and void by court judgment or final arbitration decision. The clause or clauses affected will be replaced by another or other that preserves the effects pursued by the General Conditions.
10.- APPLICABLE LEGISLATION AND JURISDICTION.
These General Conditions shall be governed by and construed in accordance with Spanish law.
The User, by the mere fact of accessing the Website or obtaining the status of registered User grants, irrevocably, your consent that the competent Courts and Tribunals of Los Llanos de Aridane may hear any legal action arising out of or in connection with these conditions, or with your use of this Website or navigation by it.