TERMS AND CONDITIONS OF USE
The use of this website, www.martibatalla.com (hereinafter, the Website), attributes to the navigator the condition of user of the site (hereinafter, the User), which implies adherence to these general conditions of use (hereinafter, the Conditions) in the version published at the time it is accessed. Therefore, MARTÍ BATALLA I BUSQUETS, owner of this Website, recommends the User to read these Conditions carefully when accessing the Website. These Conditions will be applicable regardless of the existence of other specific conditions applicable to certain services provided on this Website.
1.- General Information.
The owner of this Website is MARTÍ BATALLA i BUSQUETS (hereinafter, MARTÍ BATALLA), a natural person of Spanish nationality, with DNI 35057400H and domicile at Pi i Margall Street No. 97-99, 4 – 1, 08024 BARCELONA (Spain).
His contact email is: [email protected]
2.- Object and content.
This Website has been designed as a platform for informational, promotional and commercial content about the artist Martí Batalla, as well as other information that the headline considers publishing in relation to the interpreter.
In this way, the Website offers Users access to informative and promotional content of the artist, such as news, photographs or videos, among others. Likewise, from the Website you can access commercial content and online sales services of own or third-party products or services associated with the artist (merchandising products or Premium user services, which give access to additional exclusive content).
In the event that the Website will enable in the future a registration / subscription in the form of a Newsletter on the website, it entails obtaining express consent for the submission of news related to the artist, commercial and / or promotional information regarding the artist or of third parties in the sectors that are determined and / or established, through direct notifications that arrive to the email provided by the user.
Likewise, some sections of the website have been conceived as an interaction platform between the owner of the website, the artist and the Users, within different participation roles that the site contemplates:
(1) On the one hand, the participation of users on the main website www.martibatalla.com is admitted, through comments in different informative sections, (e.g., news).
(2) To access certain areas of the website, registration by the user may be necessary. The username and password are exclusively for the personal use of the user, who is responsible for their custody and confidentiality, and must notify the owner of the website, immediately, any breach of confidentiality or unauthorized use of his / her name. username and password or your account on the web.
The owner does not guarantee that the information, graphics or links or any other content included in the Website (hereinafter, the Contents) are accurate or complete. MARTÍ BATALLA is not responsible for the misuse of the Contents of the Website, being the sole responsibility of the User who accesses or uses them.
The Website offers links to other websites, as well as social networks and other electronic services. MARTÍ BATALLA is not responsible for the contents and legality of the web pages or social networks external to this Website, and they will be governed by the particular conditions and privacy policies of the third owners of those spaces.
MARTÍ BATALLA may alter at any time and without prior notice the design, presentation and / or configuration of the Website, as well as some or all of the Contents, and modify these Conditions or the specific conditions related to any specific content.
3.- Industrial and Intellectual Property.
MARTÍ BATALLA is the owner of all rights over the Contents, whether for having created them himself, or for being a legitimate assignee of those. Such Contents are original works and protected by the Intellectual Property Law, in respect of which all rights are reserved. Consequently, the reproduction, transformation, distribution or public communication is not allowed, even in the mode of making available or the transmission, sale or retransmission, in any form, or by any means, of all or part of the Contents, without the prior authorization of MARTÍ BATALLA.
Any use of the Contents must be made by the User with a strictly personal or private nature and without commercial purposes. At no time may the source code be copied, modified or decompiled by reverse engineering or any other technique for that purpose.
The site may contain sections of public access to which users s can send information and / or content such as text, data, comments, ideas, suggestions, images, photographs, drawings, videos, audio-visual material, logos, files, links or any other similar materials, either via email or by other means.
By submitting, in accordance with the conditions of use of the website, said materials and contents, in respect of which the user maintains the property, the user grants MARTÍ BATALLA a license without time limit, free, non-exclusive, transferable and Sublicensable for third parties, without any additional consideration for the user or for third parties, to reproduce, store, edit, modify, publish, publicly communicate, transform and create derivative works, transmit, distribute, represent, or commercially exploit in any way, such information or contents. The user who does not wish to grant the aforementioned rights should not send any material.
Users should only send those information and / or contents that are their property or with respect to which the rights have been assigned. MARTÍ BATALLA will not be responsible for those information and / or contents sent by the user that breach this condition.
4.- Use of the Website.
1.- The User undertakes to make use of this Website in a responsible manner, in good faith and in accordance with the Law, morality, public order and good customs and, in any case, undertakes to:
(a) Enjoy the Content offered on this Website in accordance with the access rules established at any time by MARTÍ BATALLA, refraining from obtaining or trying to obtain information, messages, graphics, drawings, sound and / or image files , software and, in general, any kind of accessible material using means or procedures other than those that, depending on the case, have been made available to Users.
(b) Not committing illegal activities, or contrary to good faith, morals, public order or good customs, in the use of this Website or the Contents.
(c) Not cause MARTÍ BATALLA or third parties moral, physical or material damage through this Website, and treat with due respect the rest of Users, the administrators of the Website and the image of the artist.
(d) Not alter the information disclosed or exchanged by MARTÍ BATALLA or shared by third parties through this website and, to reproduce or copy, distribute, allow third party access through any means, transform or modify content, unless that is authorized by the rights holder or is legally permitted.
(e) Not in any way prejudice the intellectual property rights of MARTÍ BATALLA as well as any trademark or intellectual property owner that could be hosted on the Website.
(f) Not to use the Contents and, in particular, the information of any kind obtained through the Website or the services that can be provided to send advertising, to carry out communications for the purpose of direct sales or any other commercial purpose , or unsolicited messages addressed to a plurality or collective irrespective of their purpose, nor to commercialize or disseminate such information in any way.
2.- The User shall be liable for all damages and losses, whatever their nature, that MARTÍ BATALLA may suffer as a result of the breach of any of the obligations to which it is subject to in these conditions of use of the Website.
MARTÍ BATALLA reserves the right to proceed against violators of the Conditions of this Website in defence of their rights and interests for damages that may be waived for breach of the obligations of use established at any time.
3.- Electronic Communications.
When they are enabled, through the Registration / Subscription to any communication service of the Website, the User agrees to periodically receive periodic communications with the latest news from the artist, commercial and promotional activities.
The Website may use automated communication services to send Users Website communications to the email addresses provided by Users to MARTÍ BATALLA.
The data provided by the User when subscribing to the communication services of the Website may be handled by third parties that provide the communications service to MARTÍ BATALLA.
The terms and conditions are expressed at the time of starting the subscription to the service, which must be accepted by the Users to complete the subscription, so neither MARTÍ BATALLA nor the Website will be responsible for the handling that the provider selected to provide the Communications service make the data provided for this purpose.
Likewise, the Website is not responsible for the operation of the service, n and of the consequences that may derive from it.
Both the subscription to the service and the cancellation of the service must be processed by the User through the Website itself.
4.- Links to third-party websites that can be accessed through the Website are not necessarily under the control of MARTÍ BATALLA and, therefore, MARTÍ BATALLA does not assume any responsibility in relation to the content, opinions or material available on those third party websites. MARTÍ BATALLA does not investigate, monitor or verify the accuracy and veracity of said third-party websites, and it cannot be understood in any way that such links constitute or entail sponsorship or approval of third-party websites by MARTÍ BATALLA . The use that the User makes of said websites will be at their own risk. In the event that the User appreciates any unlawful practice or that damages third party property or rights in these links, do not hesitate to contact MARTÍ BATALLA so that he or she takes the necessary measures so that the Website removes any link to those websites. Email: [email protected].
5.- Exclusion of guarantees and responsibility.
MARTÍ BATALLA has obtained the information and materials included in the Website from sources considered reliable, but, although reasonable measures have been taken to ensure that the information contained is correct, MARTÍ BATALLA does not guarantee that it is accurate, complete, or updated. MARTÍ BATALLA expressly declines any responsibility for errors or omissions in the information contained in the pages of this Website.
MARTÍ BATALLA reserves the right to modify, suspend, cancel or restrict the content of the Website, the links or the information obtained through it, without prior notice.
In no case, MARTÍ BATALLA, as Responsible for the files of a personal nature or third parties in charge of the processing of personal data on behalf of the person responsible for it, will be responsible for any type of damage, losses, claims or expenses of any kind, derive or not of the use of the Website, of the information acquired or accessed by or through it, of computer viruses, of operational failures or interruptions in the service or transmission, or failures in the line.
The use of the Website, both by direct connection and by link or other means, constitutes a warning to any user that these possibilities may occur. In consequence:
1.- MARTÍ BATALLA does not guarantee or respond for the operation of the website and services and in particular:
– Due to the availability and continuity of the operation of the website, its services and content, exempting itself from liability for any damages that may arise.
– For the usefulness of the website, its services and content, not guaranteeing that they are useful for the performance of any particular activity.
– Of its reliability and, in particular, that Users can access all or part of its content or parts or the entire website or its services for any purpose.
– Its quality, because MARTÍ BATALLA does not control beforehand and does not guarantee the absence of viruses in the contents, nor the absence of other elements in them that may cause alterations in your computer system or in the documents and files stored in your system.
– Due to the inadequacy for any purpose and the disappointment of the expectations generated by the contents.
2.- MARTÍ BATALLA does not guarantee or assume responsibility for the use that the website and the contents may be made by the Users, nor for the damages that may arise from said use or derive from the lack of veracity, validity of completeness and / or authenticity of the information that is published and / or provided by third parties that publish on the web through links to third-party platforms, such as RRSS, or information provided in sections of the web in which users can participate by pouring your opinions on what is published on the web.
3.- MARTÍ BATALLA does not control the access or use that Users make of the website or the services and their content. In particular, MARTÍ BATALLA does not guarantee that Users use the website, services and content in accordance with the Law, the general conditions of use, morality and generally accepted good practices or that they do so in a diligent, rational and prudent.
In the same vein, MARTÍ BATALLA expressly excludes liability for damages of any kind that may be due to the transmission, dissemination, storage, provision, reception, obtaining or access to the Contents and, in particular, but not exhaustively, for the infringement of intellectual property rights, business secrets, compromised Contractual issues, the rights to honour, personal and family privacy and the image of people, property rights and all rights belonging to your third party for such reasons, as well as for the performance of acts of unfair competition or advertising unlawful In the same way due to the defects or defects of all kinds of content transmitted, disseminated, stored, made available or otherwise transmitted through the Website or the services provided or the breach, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties or contracts made by them on the occasion of access to the contents of the Website or for the inadequacy of all kinds or disappointment of expectations that the content of the Website may have generated, as well as by the lack of veracity, completeness, relevance and / or topicality of the contents.
4.- MARTÍ BATALLA does not guarantee or assume responsibility for the services and content hosted outside the Website that Users can access through technical link devices (links, banners, buttons, etc.) that are made available to them or through the directories and search tools provided to them from the Website and that allow the User to access other websites belonging to third parties (linked sites). The installation of these links, directories and search tools have the sole purpose of facilitating Users to search and access information available on the Internet, and does not presuppose that there is any kind of link or association between MARTÍ BATALLA and the operators of the linked sites , nor assumption by MARTÍ BATALLA of any responsibility for the contents of those third party websites.
MARTÍ BATALLA does not control, approve or endorse the services, information, data, files, products and any kind of material existing in the linked sites. The User, therefore, must exercise caution in the valuation and use of the services, information, data, files, products and any kind of information existing in the linked sites.
5.- MARTÍ BATALLA does not assume responsibility and excludes the guarantee for the services provided by third parties through the Website and, in particular, although not exclusively, for the damages that may be due:
– Failure to comply with the law, morality and good customs generally accepted as a result of the provision of services by third parties through the website.
– To the infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honour, personal or family privacy and the image of people, property rights of any other nature belonging to third parties as a result of the services provided by third parties through their websites.
– To carry out acts of unfair competition and illegal advertising for those services provided by third parties through their websites.
– In the absence of veracity, accuracy, relevance and / or topicality of the contents transmitted, disseminated, stored, received, obtained, made available or accessible through the services of third parties provided through their websites.
– To the inadequacy for any kind of purpose and the disappointment of expectations generated by the services provided by third parties through their websites.
– Upon non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts made with third parties in relation to or on the occasion of the services provided by third parties through their websites.
6.- Denial and withdrawal of access to the Website, services and / or content
7.- Applicable Law and Jurisdiction.
For any litigious matter or that concerns the Website, the Spanish legislation will be applicable, being competent for the resolution of all conflicts arising or related to the use of this website, the Courts and Tribunals of the city of Barcelona (Spain).