- Please read these Terms and Conditions carefully before using the website belonging to MRW Air Photography & Advertising Balloons, whose registered name is BLIMPOGRAFIC, S.A., (hereinafter identified by the acronym MRW Air Photography & Advertising Balloons).
Visitors accept and are obliged to keep to the conditions set out herein. Users of the website expressly accept these General Terms and Conditions and are obliged to use the website, its services and contents in accordance with that herein. Users accept that use of this website, its services and contents is, at all times, their sole and exclusive responsibility. If Users do not agree with these General Terms and Conditions, they should leave the website.
- MRW Air Photography & Advertising Balloons reserves the right to change the General Terms and Conditions at any time and without prior warning. For this reason, Users have to review these General Terms and Conditions each time they access the website.
- The use of certain services offered by the website is bound by Specific Terms and Conditions which may add to and/or modify the General Terms and Conditions herein. For this reason, Users have to carefully read the corresponding Specific Terms and Conditions.
Both the General and Specific Terms and Conditions may be added to with warnings, rules for use and instructions that MRW Air Photography & Advertising Balloons shall make known to Users.
- The Object of these Specific Terms and Conditions:
These Specific Terms and Conditions and the General Terms and Conditions for the use of the website, for all that not foreseen in the former, regulate the use of the internet website www.mrw-fotografia.com (hereinafter the "website") which is property of MRW Air Photography & Advertising Balloons, with registered offices at Gran Via 163-167, P.I. Gran Via Sud, 08908, L’Hospitalet de Llobregat, Spain; telephone: 932 609 800; fax: 932 609 801; Registered in Barcelona’s Company Register in volume 32.033, page 18, sheet no. B-204756, inscription 1 and with the Tax no. A-62077409.
- Modification of these Specific Terms and Conditions:
MRW Air Photography & Advertising Balloons reserves the right to make, without prior warning, those modifications deemed necessary to these Specific Terms and Conditions, requiring Users to carefully read them, and the General Terms and Conditions, each time they wish to use the website, being able to change, delete or add to both the Contents and Services offered or the way in which these are presented or located.
MRW Air Photography & Advertising Balloons reserves the right to refuse or rescind access to the website and/or Services, at any time and without the need for prior warning, for those Users who fail to meet the General Terms and Conditions or the Specific Terms and Conditions that apply.
- Intellectual and/or industrial property:
All rights for industrial and intellectual property for the website www.mrw-fotografia.com and its Contents (texts, logos, icons, images, sounds, audio, video, software , etc.) belong to MRW Air Photography & Advertising Balloons or, where applicable, third parties. Users can view all the elements, print them off, copy them and save them on their computer’s hard drive or any other physical media, provided that it is only and exclusively for personal and private use. Their use is thus strictly forbidden for any commercial end, as is their distribution, modification, alteration or decompilation.
Likewise, the complete or partial reproduction of all of the contents and elements on the website is expressly prohibited, as is their exhibition or being shown to any third party, whether an individual or company other than the User themselves, for which they provide their express, complete and voluntary consent and approval.
Users must not obtain, or even try to obtain, information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and any other kind of material in general via the website or the Services (hereinafter the "Contents") by using means or procedures other than those which, in each case, have been made available to this effect or which have been indicated to this effect on the website or, in general, those usually employed on the internet to this effect, provided that this does not entail a risk of damage to or disabling of the website, Services and/or Contents.
MRW Air Photography & Advertising Balloons shall not cede any licence or authorisation of any kind for the industrial and/or intellectual property rights or for any other property or right related to the website, Services or Contents.
- Prohibition of the broadcast of the Contents or information provided:
Users are obliged to use the Contents diligently, correctly and legally and, in particular, agree to abstain from:
- Using the Contents, whether wholly or partially, with ends and effects that go against the Law, morals, generally accepted manners or public order;
- Reproducing or copying, distributing, allowing public access via any form of public communication, transforming or modifying the Contents, unless they have authorisation in writing from the owners of the corresponding rights or where it is legally permitted;
- Deleting, avoiding or manipulating the copyright and other identifying data for the rights of MRW Air Photography & Advertising Balloons or the corresponding owners incorporated into the Contents, or the technical protection devices, the digital fingerprints or any other information mechanism that these Contents may include;
- Using the Contents and, in particular, the information of any kind obtained via the website or Services for sending advertising, any kind of communication, unsolicited messages addressed to a group of people no matter what the end; likewise Users must abstain from commercialising or divulging said information in any way.
- Concealing the origin of the information transmitted over the website.
- Placing false or misleading information on the website.
- Introducing or loading information on to the website which may contain viruses, Trojan horses, worms or any other computer virus which aims to damage, intercept, expropriate or interfere with any of the systems, the website or the information or which infringes third parties’ intellectual property rights.
- Using the website or MRW Air Photography & Advertising Balloons’s systems or services in a way which could adversely affect the function or functioning thereof, or which impedes access thereto for authorised third parties.
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MRW Air Photography & Advertising Balloons shall pursue any failure to meet the above conditions or any unauthorised use of the Contents presented on the website, employing all the corresponding civil and criminal actions within its rights.
In turn, MRW Air Photography & Advertising Balloons shall not recognise the validity of any reproduction or broadcast of the Contents from its website.
- Establishing of Links or Hyperlinks:
Users and those people, in general, who propose establishing a link between their website and the website (hereinafter the "Hyperlink"), notwithstanding MRW Air Photography & Advertising Balloons’s reserving the right to refuse, must meet, at least, the following conditions:
- The Hyperlink can only allow access to the website and it cannot reproduce it in any way;
- A browser or border environment cannot be created around the website;
- False, inexact or incorrect declarations or indications about the website or Services cannot be made and, in particular, no declarations or attempts shall be made to show that MRW Air Photography & Advertising Balloons has authorised the Hyperlink or supervised or assumed any kind of control over the contents or services offered or made available on the website in which the Hyperlink has been established;
- Exception is made for those symbols that form part of the Hyperlink itself, however, the website in which the Hyperlink is established shall not contain any trademark, commercial name, shop sign, name, logo, slogan or any other distinctive sign belonging to MRW Air Photography & Advertising Balloons;
- The website in which the Hyperlink is established shall not contain illegal information or contents, or those that go against morals, generally accepted manners and/or public order, nor shall it contain contents that infringe the rights of third parties. The establishing of the Hyperlink does not imply, in any case, the existence of relations between MRW Air Photography & Advertising Balloons and the owner of the website in which it is established, nor the acceptance or approval from MRW Air Photography & Advertising Balloons of the contents or services therein.
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- Obligation of confidentiality for the contents and information in Services offered by MRW Air Photography & Advertising Balloons to Users.
With regard to the services offered to Users via pre-registration, all data is to be kept in strictest confidence in line with the legislation in force. www.mrw-fotografia.com meets the legislation regulating personal data protection for its Users and maintains the strictest levels of confidentiality in accordance with that set out in Organic Law 15/99, December 13, on Regulation of the Handling of Personal Data, as shown on this page.
- Personal data
To be able to use certain services, Users have to have previously provided MRW Air Photography & Advertising Balloons with certain personal data. The User consents to its handling on providing this data. MRW Air Photography & Advertising Balloons obtains and processes this personal data so as to be able to maintain relations with Users, in accordance with the legislation in force.
Users who have provided personal data to MRW Air Photography & Advertising Balloons have the following rights, in accordance with the legislation in force:
- The right to access: The right to request and freely obtain information as to their personal data handled, its origin and any communication made or planned to be made. This right, unless there is accredited legitimate interest, can only be exercised once every two months.
- The right to rectification and annulling: The right to rectify or annul that personal data whose handling is not included in the Law and, in particular, when it is inexact or incomplete.
- The right to opposition: The right to oppose the handling of personal data. This right also involves the possibility of rescinding the personal data provided.
- The exercising of the right to opposition represents the ending of those relations between MRW Air Photography & Advertising Balloons and Users with respect to that for which this information was provided.
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To exercise these rights or for any kind of query concerning MRW Air Photography & Advertising Balloons’s policy with respect to Users visiting the website, Users should phone 932 609 800 or write to: Gran Via 163-167 P.I. Gran Via Sud, 08908, L’Hospitalet de Llobregat, Spain
- Cookies:
MRW Air Photography & Advertising Balloons uses cookies when Users enter certain sections of the website. Our cookies are only linked to an anonymous User and their computer and do not offer references that allow for the ascertaining of Users’ names or surnames. MRW Air Photography & Advertising Balloons’s cookies cannot read data from your hard drive nor the cookie files created by other service providers. MRW Air Photography & Advertising Balloons encrypts Users’ identifying data for higher levels of security. Users have the possibility of configuring their browser so that it warns them on screen when they receive cookies or so that it prevents the installation of cookies on their hard drive. Please consult your browser’s instructions and manuals for more information on this point.
- Use of the website, Services and Contents is the sole responsibility of the User:
Users are aware of the fact and accept, voluntarily, that use of the website, Services and Contents is, in all cases, their sole and exclusive responsibility.
- Waiver of guarantees and responsibility:
- Waiver of guarantee and responsibility for the functioning of the website and its Services:
MRW Air Photography & Advertising Balloons cannot guarantee continuity, availability and utility of the website, its Services and Contents. For this reason, MRW Air Photography & Advertising Balloons shall not be held responsible for any possible damage that may affect Users. All this is without prejudice to that set out in the Specific Terms and Conditions.
MRW Air Photography & Advertising Balloons may cancel or suspend use of the website, its information, services and contents whenever it deems necessary with or without valid reasons, at its complete discretion, even if access and use continue to be allowed to others. MRW Air Photography & Advertising Balloons shall not be held responsible, to you or third parties, for the cancellation or suspension of access to the website, its information and/or services.
MRW Air Photography & Advertising Balloons shall not be held responsible, under any circumstances, for delays or failures in performance, whether directly or indirectly attributable to natural phenomena, force majeure or causes beyond its control, including, but not limited to, internet failures, computer failures, telecommunication equipment failure, failure of other equipment, failure in the electricity supply, strikes, labour disputes, riots, lack of materials or workforce, fires, floods, storms, explosions, war or similar causes.
Likewise, MRW Air Photography & Advertising Balloons shall not be held responsible for any damage, whether incidental, indirect or otherwise. In particular, MRW Air Photography & Advertising Balloons shall not be held responsible for the loss of profits, the loss of confidential or any other kind of information, interruption to business, harm to people, breach of privacy, non-compliance with obligations, negligence, alterations to databases or deletion thereof, nor for any other kind of loss, whether financial or otherwise.
Regardless of the damage that may be done, for whatever reason included herein, but not limited thereto, the damages referred to above and all those possible direct or general damages, MRW Air Photography & Advertising Balloons shall only be responsible for a maximum of FIVE EUROS, applying that set out herein.
- Waiver of guarantees and responsibility for the Contents:
MRW Air Photography & Advertising Balloons cannot guarantee the absence of viruses or other elements that may lead to alterations in Users’ computer systems or the electronic documents and files held thereon.
MRW Air Photography & Advertising Balloons cannot guarantee the legality, reliability, veracity, exactitude, exhaustiveness or up-to-date nature of the Contents.
For this reason, MRW Air Photography & Advertising Balloons shall not be held responsible for any possible damage caused to Users and, in particular, though not exclusively, for damage that may be caused by:
- Non-compliance with the Law, morals, generally accepted manners and/or public order as a result of the provision of services by third parties over the website;
- Infringement of intellectual and/or industrial property rights, business secrets, any kind of contractual agreement, the rights to honour, personal and family intimacy and one’s own image, the rights to property and all other rights belonging to third parties as a result of the provision of services by third parties over the website;
- Carrying out acts of unfair competition and illegal advertising as a result of the provision of services by third parties over the website;
- The lack of veracity, exactitude, exhaustiveness, pertinence and/or the up-to-date nature of the Contents transmitted, broadcast, stored, received, obtained, or made available or accessible through the services provided by MRW Air Photography & Advertising Balloons or third parties over the website;
- Non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts signed with third parties relating to or for the provision of services over the website;
- Problems and defects of any kind in the services provided by third parties over the website.
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- Waiver of guarantees and responsibility for the services and contents not hosted on the website: MRW Air Photography & Advertising Balloons shall not be held responsible for damages of any kind that may be caused to Users for this reason.
The website offers or may offer Users technical link devices (such as, among others, links, banners, buttons), directories and search tools that allow Users to access websites belonging to and/or managed by third parties. The installation of these links, directories and search tools on the website is only aimed to aid Users in their search for and access to information available on the internet. MRW Air Photography & Advertising Balloons does not offer or commercialise, whether on its own or through third parties, the products and services available on these sites that are linked to. Nor does MRW Air Photography & Advertising Balloons control, approve, keep watch or claim as their own the products and services, contents, information, data, files and any other kind of material held on the aforementioned sites linked to. Users, therefore, have to take extreme caution in assessing and using the services, information, data, files, products and any other kind of material held thereon.
MRW Air Photography & Advertising Balloons cannot guarantee nor accept any kind of responsibility for any kind of damage that may occur due to:
- The functioning, availability, accessibility or continuity of the sites linked to;
- The maintenance of the services, information, data, files, products and any other kind of material held on the sites linked to;
- The provision or transmission of services, information, data, files, products and any other kind of material held on the sites linked to;
- The quality, legality, reliability and utility of the services, information, data, files, products and any other kind of material held on the sites linked to, in the same terms and with the same scope as stipulated in clause 10.2 of the General Terms and Conditions, with respect to the contents and services provided by third parties over the website.
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- Waiver of guarantees and responsibility for the use that may be made by Users of the website, Services and Contents: MRW Air Photography & Advertising Balloons does not control or supervise Users’ use of the website, its Services or Contents, in accordance with that set out in these General Terms and Conditions and in the Specific Terms and Conditions applicable. For this reason, MRW Air Photography & Advertising Balloons shall not be held responsible to third parties for the behaviour of said Users.
- Damage liability:
Users shall be held responsible for any kind of damage that MRW Air Photography & Advertising Balloons may suffer, directly or indirectly, as a result of non-compliance with any of the obligations deriving from the General Terms and Conditions and, where applicable, the Specific Terms and Conditions or the Law, with regard to use of this website. Users shall also be held responsible for that damage caused by misuse or complete or partial reproduction, other than that expressly authorised in writing, for whatever end.
- Privacy and security in the use of the website and the Services:
MRW Air Photography & Advertising Balloons cannot guarantee the privacy and security of the use of the website and Services and, in particular, MRW Air Photography & Advertising Balloons cannot guarantee that unauthorised third parties cannot find out about the type, conditions, characteristics and circumstances of the use of the website and Services by Users.
MRW Air Photography & Advertising Balloons shall not be held responsible for any kind of damage that may be derived from the knowledge that unauthorised third parties may gain of the type, conditions, characteristics and circumstances of the use of the website and Services by Users.
- Duration and termination:
Provision of the website and other Services is to last, in principle, indefinitely. Nonetheless, MRW Air Photography & Advertising Balloons is authorised to end or suspend provision of the website and/or any of the Services at any time, without prejudice to that set out to this respect in the corresponding Specific Terms and Conditions. Whenever reasonably possible, MRW Air Photography & Advertising Balloons shall give prior warning of the termination or suspension of provision of the website and other Services.
- Acceptance of these General Terms and Conditions:
Acceptance of these General Terms and Conditions by Users is a prior, indispensable and obligatory condition so as to be able to benefit, where applicable, from the Services on the website. Users accept responsibility and declare to have read these General Terms and Conditions for Access and Use of the website in full and confirm their full and voluntary acceptance thereof.
- Clause for data capture over the website:
As personal data for individuals is compiled over the MRW Air Photography & Advertising Balloons website, it is advisable to include the following clause, in accordance with the LOPDCP:
"The data has been provided by the User voluntarily in order to be able to provide information on our services and to offer these services effectively to the person in question. In compliance with that set out in Organic Law 15/1999, December 13, on the Protection of Personal Data, all that personal data, which has been provided with your consent, shall be incorporated into automated files held by BLIMPOGRAFIC, S.A., which shall be kept confidential and protected, and, under no circumstances, shall this data be used for other ends nor handed over to third parties without your consent. Likewise, with respect to the aforementioned data, you have the right to access, rectify, annul and oppose it in accordance with that established in the Law in question. The aforementioned company has designated BLIMPOGRAFIC, S.A., as responsible for the file. To make these modifications, the owner should write to the following e-mail address: info@mrw.es, phone 932 609 800, fax 932 609 801 or write to: Gran Via 163-167 P.I. Gran Via Sud, 08908, L’Hospitalet de Llobregat, Spain."
- Applicable law and submission to the Courts and Tribunals:
These Specific Terms and Conditions are mercantile in nature and are regulated by the stipulations herein and, in terms of that not set out herein, by the Code of Commerce, Special Laws, Mercantile Uses and, where these are not available, by that set out in the Civil Code and always in terms of the Spanish Legal System, to which all parties voluntarily submit themselves, regardless of their nationality and the international law applicable.
Both parties agree to submit themselves to the jurisdiction of the Courts and Tribunals of the city of Barcelona, (Spain).
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