GENERAL TERMS OF USE OF THE WEB APPLICATION LANDOFVINEYARDS.COM

 

GENERAL TERMS OF USE

 

1. PURPOSE AND SCOPE

Fundacion Castilla La Mancha Tierra de Viñedos is a company whose main activity basically consists of safeguard the collective interests of the region in the wine industry and that of the products obtained from the grapes in general. A seal that has brought together the entire viniculture industry with a common goal in mind: acknowledgment and recognition of the quality of the wines and grape juice of Castilla-La Mancha.

In the course of its business Fundacion Castilla La Mancha Tierra de Viñedos this has enabled the present webapp with the objective that it will become a channel to inform and provide its’ customers aspects related to their activity/business, products and services.

Accordingly, the purpose of this document is to establish the General Terms of use of this present webapp applicable to all the users and clients of the same. The present webapp has been enabled by the Company Fundación Castilla La Mancha Tierra de Viñedos, CIF: G45577087. Address: Pintor Matias Moreno nº4, 45002 Toledo, Spain. You can also contact us through the email direccion@tierradevinedos.org

Fundacion Castilla La Mancha Tierra de Viñedos reserves its right to change at any time and without previous notice these General Terms of Use with purpose to adapt them to the current law, the legal criteria and practices and customary market practice applicable at all times.

Also Fundacion Castilla La Mancha Tierra de Viñedos reports that certain services of Fundacion Castilla La Mancha Tierra de Viñedos for their particular characteristics, may be submitted, in addition to these General Terms of Use, to their own particular conditions of use or contracting (from here on after, The Particular Conditions.) Also, each individual service contract may be subjected to their corresponding special conditions that will be agreed with each client.

The customer’s use/users of any of the Services of this webapp constitutes it express adherence and acceptance of all the General Terms and Individual Use in the published versions herein the present webapp at the time the user accesses it same as the acceptation express acceptance of the terms and conditions that, in its case, apply.

 

2. TERMS OF ACCESS AND USE OF THE WEB APP.

2.1 User and Client Status Condition

The entry to the webapp represents the acceptance of the general terms and conditions of use and recruitment and privacy policy set up therein and attribute the Condition of the same user. Also, the entry to the webapp and the acceptance of the general terms of Use and contracting and Privacy Policy hiring jointly with the registration and hiring any of the Services offered through the webapp attribute the Condition of Customer of the same. However, hereinafter the terms “user” or “customer” may be used interchangeably, applying to any person who accesses to this Channel.

2.2 – Need of Register

Generally for users to access the information and services published in the webapp User Registration will not be required. However the viewing of determined information and/or announcements or services of the webapp and the contracting through the same determined services, that may be subject to the customers’ prior registration.

2.3 Use of the webapp and its Services by Users and Client

The Users and Clients acknowledge and agree that the use of the content and / or services offered by the webapp are at your sole risk and / or responsibility.

The Users and Clients commit to use the webapp, its services and its contents and services as provided by law, morality, public order and the present General Terms of Use, and the Special Conditions and contracting, that in their case, can be applied. Also they agree to make an appropriate use of the services and/or contents of the webapp and to not use them to do illegal activities or that constitute a crime, that violate the rights of others and/or violate the regulation on intellectual or industrial property, or any other rules of the law applicable.

The Users and Clients agree to not transmit, insert, disseminate and make available to others, any type of material and information (data, content, messages, drawings, audio and video files, photographs, software, etc.) that are against the law, morality, public order and the present General Terms of Use and, where appropriate, the Personal and Contracting Conditions that are applicable. A mere expository title limitation, and without this list being, by no means, limiting or exclusive, the Users and Clients agree to:

(i) Not include or disseminate content, images, propaganda or publications where minors appear, which include sexually explicit content, images of other people or faces of parties who have not given consent or that don’t intervene in the advertiser’s ad, photos or images from third parties even though they have been obtained in public places.

(ii) Not include or disseminate content or propaganda of a racist or xenophobic nature, that justify terrorism or that violates human rights.

(iii) Not insert or spread in the network data programs (viruses and damaging software) that could cause damage to the computer systems of the access provider, ‘its suppliers or third users of the Internet.

(iv) Not diffuse, transmit or make available to third parties any information or content element that undermines fundamental rights and public freedoms recognized constitutionally and in international treaties.

(v) Not disseminate, transmit or make available to third parties any information, element or content that constitutes unlawful or unfair advertising.

(vi) Not transmit unsolicited or unauthorized advertising or unsolicited content or advertising material, “junk mail”, “chain letters,” “pyramid schemes” or any other form of solicitation or inducement.

(vii) Not insert or disseminate any information, images and false content, ambiguous or inaccurate so as to mislead the recipients of the information.

(viii) Not impersonate other users using their registry keys in the different services and/or contents of the webapp.

(ix) Not disseminate, transmit or make available to third parties any information, element or content that suppose a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that corresponds to the webapp holders or third parties.

(x) Not disseminate, transmit or make available to third parties any type of information. element or content that involves a violation of the secrecy of the communications and the legislation of personal data.

(xi) Not include in the webapp contents that indicate or promote sexual, racial, religious discrimination or any other breach of fundamental rights and freedoms recognized by the laws of Spain; that induce or incite to act illegally or lead to erroneous conclusions by inaccuracy, omission or similar; that contain false or outdated information; that violate laws or regulations about the secrecy of communication, intellectual property, right to honor and personal privacy, or that incorporate content, messages or violent and degrading products.

 

3. INTELLECTUAL AND INDUSTRIEL PROPERTY

The Users and Clients recognize that all the elements of the webapp and each of its services provided through itself, the information and materials contained in it, its image, the structure, selection, arrangement and presentation of its content, the computer programs used in connection with it, the management programs, colors, images, names, ideas, etc…are protected by copyright intellectual property rights owned by Fundacion Castilla La Mancha Tierra de Viñedos or parties that this company has hired.

Unless it was specifically authorized by Fundacion Castilla La Mancha Tierra de Viñedos or, in that case, by other owners of the corresponding rights, or unless that results legally permitted, users and customers may not reproduce, alter, modify, disassemble, carry out reverse engineer, distribute, rent, lend, make available or allow public access through any means of public communication of any of the elements mentioned in the previous paragraph.

In particular the use of texts, images, ads and any other elements included in this webapp is strictly prohibited for later inclusion, in total or partial form in other outside sites or external webapps to the present one without the prior written permission of Fundacion Castilla La Mancha Tierra de Viñedos.

The Users and Clients must not remove the identifying signs of the rights (intellectual and industrial property or otherwise) of the webapp or third parties appearing in the webapp and in each of the various services offered through it.

The users and clients must refuse to evade or manipulate any technical devices established by the webapp or third parties, either in the Channel, or any of the Services or in any of the materials, items or information
obtained through it, to protect their rights. The Users and clients authorize the reproduction, distribution public communication and in any other form commercially exploit the photographs inserted in this webapp or
in the use of any of our services, as well as add watermarks or other distinctive sign Fundacion Castilla La Mancha Tierra de Viñedos had convenient to prevent not consented use by third parties.

 

4. DISCLAIMER OF WARRANTIES. RESPONSIBILITY

4.1 Availability and Continuity of the Channel and of the Services

In no event Fundacion Castilla La Mancha Tierra de Viñedos guarantees the availability, access and continuity of the functioning of the webapp and its services.

Nor will Fundacion Castilla La Mancha Tierra de Viñedos be responsible, with the established limits in the current law, for the damages caused in Users and/or clients as a result of the unavailability, failure of access and lack of continuity of the webapp and its Services.

4.2 Content and Services of the WEB APP

Fundacion Castilla La Mancha Tierra de Viñedos will respond only and exclusively for the
information and services that it provides and its contents directly generated and originated by Fundacion Castilla La Mancha Tierra de Viñedos and identified with their activity and copyright. Such liability shall be excluded in cases of force major or in cases where the configuration of the
hardware of the Users or clients are not the appropriate ones for the proper use of Internet services provided by Fundacion Castilla La Mancha Tierra de Viñedos.

In any case, the possible liability of Fundacion Castilla La Mancha Tierra de Viñedos towards users and/or clients for all the concepts will be limited as a maximum to the quantities of the sums paid directly by users and/or clients by Fundacion Castilla La Mancha Tierra de Viñedos, excluding in any case of all responsibility for indirect damages or for lost profits.

Fundacion Castilla La Mancha Tierra de Viñedos is not to be held responsible for maintenance by third parties (such as those illustrated here, and in any limitation or exclusion: websites, aggregators, payment platforms, social networks or blogs) once their information and ads are disenrolled from the information in our databases.

Fundacion Castilla La Mancha Tierra de Viñedos is not responsible of the possible occurrence of ads indexed in search engines outside the webapp, once
they have withdrawn from our databases.

4.3 Ads, Contents and Services published by third parties on the Channel

Fundacion Castilla La Mancha Tierra de Viñedos has no obligation or previous control,
doesn’t approve or make its own content, services, opinions, communications, data, files, products, images and/or any other type of customer information, third parties, legal or natural people, public or private, collected in the webapp. Thereof thus does not guarantee the legality, reliability, usability, veracity, accuracy, completeness and timeliness of the ads, content, information and Services published in the webapp by others.

Fundacion Castilla La Mancha Tierra de Viñedos doesn’t control previously and doesn’t guarantee the absence and lack of viruses or other elements in the Content and services published or provided by third parties through the webapp that may introduce alterations in the computer system, electronic documents or files of the users.

Fundacion Castilla La Mancha Tierra de Viñedos is not be responsible nor indirectly or subsidiarily, for the damages of any kind arising from the use and contracting of Contents and Services from third parties through the webapp and as the lack of legality, reliability, usability, reliability, accuracy, completeness and timeliness of thereof. With expository character and in no way limiting, it will not be responsible for damages of any kind arising from: (a) the infringement of the rights of intellectual and industrial property and the defective performance or breach of contractual commitments acquired by third parties; (b) the performing acts of unfair competition and illegal advertising; (c) the inadequacy and defrauding of expectations of the Services and Contents publicized by third parties; (d) the vices and defects of all types of third-party services and contents provided through the webapp.

Fundacion Castilla La Mancha Tierra de Viñedos will not be responsible nor indirectly nor subsidiarily, for damages or prejudices of any kind arising from the negligent or malicious use of email accounts or personal character data used for any type of insertion, communication, management or performance in the webapp.

Fundacion Castilla La Mancha Tierra de Viñedos will not be responsible nor indirectly nor
subsidiarily, for the damages and prejudice of any kind caused to the Users or clients due to the presence of viruses or other elements in the content and provided Services by third parties that may cause alterations in the computer system, electronic documents or files from users or clients.

The disclaimer referred to in the preceding paragraphs shall apply in the case that Fundacion Castilla La Mancha Tierra de Viñedos has no actual knowledge that the activity or the stored information is unlawful or harms property or rights of third parties liable for compensation, or if they did they would make their best efforts to remove the data and content or block the access to them. It is assumed in any case that Fundacion Castilla La Mancha Tierra de Viñedos has acted in all times diligently until it does not obtain in writing and in has sufficient and irrefutable explicit proof of the wrongfulness of material published in the webapp.

4.4.- Conduct of the Users and of the clients

Fundacion Castilla La Mancha Tierra de Viñedos does not guarantee that the Users and clients of the webapp using the content and/or services of the same in accordance with the law, the morality, the public order, or these General Terms and, in the appropriate case, the Particular Terms that may result from their application. It also does not guarantee the accuracy and accuracy, completeness and/or authenticity of the data provided by Users and/or clients.

Fundacion Castilla La Mancha Tierra de Viñedos will not be responsible, indirectly or subsidiarily, for damages and prejudice of any kind arising from the use of the Services and Contents of the webapp by the Users and/or clients or that can likely result from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by them, or the impersonation of a third party by a User or client in any action through the webapp. As an expository title put not limited, Fundacion Castilla La Mancha Tierra de Viñedos will not be indirectly or secondarily liable of: (a) the content, information, opinions and statements of any User, client or third persons or entities that communicate or display through the webapp; (b) the damages caused to third parties arising from the use by the Users and clients or any third party of the services and contents of the webapp; (c) The damages caused by lack of truthfulness, accuracy or inaccuracy of the identity of the users and clients and all information they provide or make accessible to other users or clients through webapp; (d) of the damages arising from violations of any user or clients affecting the rights of other user or client, or third parties, including the rights of copyright, trademark, patents, confidential information and any other intellectual or industrial proprietary right.

 

5. CONTRACTS WITH CLIENTS OR THIRD PARTIES THROUGH THE CHANNEL.

The Users and clients recognize and accept that any contractual or extra-contractual relation which, if any, formalizes with users and/or clients, advertisers or third parties contacted through the webapp, and their participation in contests, promotions, sale of goods or services that may be offered in this webapp, are understood to be made exclusively between the User and the advertiser and/or third party client. Consequently, the User and /or client accepts that Fundacion Castilla La Mancha Tierra de Viñedos doesn’t assume any type of responsibility for damages or prejudice of any kind incurred as a result of their negotiations, conversations and/or contractual or non-contractual relations with clients/advertisers or third natural or legal persons contacted through the webapp.

 

6. TECHNICAL LINK OF TEXT LINKS

This webapp can make available to clients (especially enabled for this) technical links and search tools that allow the Users and clients to access the web pages owned by other entities (text links).

The client adequately authorized acknowledges and agrees that the use of the contents of the linked websites shall be at their sole risk and responsibility and exonerate Fundacion Castilla La Mancha Tierra de Viñedos of any liability on technical availability of the linked websites, quality, reliability, accuracy and/or veracity of the services, information, elements and/or contents that the client can access therein and in the search directories included in the webapp.

Fundacion Castilla La Mancha Tierra de Viñedos will not be responsible indirectly or Alternatively for any damages or prejudice of any kind arising from: (a) the operation, unavailability, inaccessibility or lack of continuity of the pages linked website and/or search directories available; (b) lack of maintenance and updating of the content and services contained in the pages on the linked websites; (c) lack of quality, inaccuracy, illegality, uselessness of the content and services on the website linked.
The exoneration of responsibility referred to in the preceding paragraphs shall apply in the case that Fundacion Castilla La Mancha Tierra de Viñedos is not aware of the actual knowledge that the activity or information to which it refers is lawful or that harms property or rights of a third party liable for compensation or, if had, move swiftly to remove data and content or block their access.

 

7. POLICY OF PRIVACY AND PROTECTION OF PERSONAL DATA

7. 1. Introduction

The confidentiality of your personal data is a fundamental aspect for us. This policy is aimed to explain how and for what purposes we use the information collected about you through the webapp. Please read this document carefully about Policy of Privacy and data protection. By using the WEBAPP and the services offered in it, you agree to be bound by the terms of this Privacy Policy and data protection with respect to information collected about you through webapp.

In case of doubt or questions regarding this policy, please contact us by sending an e-mail to direccion@tierradevinedos.org

7.2 Use of the information

The information that you facilitate will be strictly used for the following purposes as corresponded:

− processing your request;

− verifying your identity;

− sending the Newsletter or other information about our activities, products and services;

− conducting an analysis of marketing and general improvements to our business and corporate media used (Web, Webapp, Newsletters, mailings…);

− collecting your views and opinions about the services we provide.

7.3. Protection of personal data.

7.3.1. Information

The personal data received by Fundacion Castilla La Mancha Tierra de Viñedos in hiring their services and/or through this webapp will be treated with the strictest confidence.

In compliance with Organic Law on Protection of Personal Data (LOPD) we inform you that your personal data is included in files owned by Fundacion Castilla La Mancha Tierra de Viñedos in order to manage correctly the services Fundacion Castilla La Mancha Tierra de Viñedos offers, answer queries that the users and clients can formulate, inform the clients and users of other services that could create Fundacion Castilla La Mancha Tierra de Viñedos, and for commercial and statistical purposes.

Your data may also be retained in the files of our company to properly manage future services we can offer and keep you informed of all our activity at all times, and to carry out a commercial follow up. Furthermore, your data can also be transferred and processed by the financial entities the company works with to effect your timely receipts and payments; by the Spanish government that requires it; and, in general, for any other purpose necessary and implicit for the normal development of the activity offered by Fundacion Castilla La Mancha Tierra de Viñedos.

7.3.2. Rights of access, rectification, cancellation and opposition

Fundacion Castilla La Mancha Tierra de Viñedos target and possessing entity of data, undertakes to respect and facilitate the exercise of rights of access, rectification, cancellation and opposition legally appropriate. To exercise these rights and for any clarification, the owner of the data can address through written communication to direccion@tierradevinedos.org indicating Ref. Data Protection.

The failure to complete the mandatory fields or the provision of incorrect data should preclude proper treatment of your data, exonerating us of any liability.

Any alteration that the users or clients suffer in personal data that they have provided to the Company shall be communicated to the company as soon as possible. The Users or clients can update their data anytime in the section “Modifying Data” of this website.

7.3.3. Security in the treatment, computer processing and data escrow

Fundacion Castilla La Mancha Tierra de Viñedos represent and warrant that IT keeps security levels of protection of personal data in accordance with Royal Decree 1720 /2007 of the 21 December amending the regulation implementing the Organic Act is approved 15/1999 of the 13 December on the Protection of Personal Data, which has established that all the technical means at your disposal to prevent the loss, misuse, alteration, unauthorized access and theft of data provided by the users, without prejudice to inform that Internet security measures are not foolproof.

7.4. Cookies

When you connect or surf the webapp, we can generate some information (commonly known as a cookie) on your computer. Cookies are small files of information transferring a page webapp to your hard drive to collect and sometimes track data about you. Cookies are specific to the server that created them and cannot be read by other providers, making it impossible to use them to track their movements for the Web. These help us make the best of the Web and provide a more personalized service. Our use of cookies is restricted to the following purposes:

(a) Prevent having to re-register every time you surf the wepapp page, and
(b) Disclose the use of our webapp to improve and update their content.

You have the possibility to prevent the creation or delete cookies to/from your computer (see the instructions and manuals of your browser for more information). You should know that the smooth operation of certain sections of the webapp depend on the use of cookies, so disabling them may cause some damage.

7.5. Links to web pages or outside WEB/WEBAPP

TECHNOLOGIC 34 NETWORKING LIMITED LIABILITY COMPANY is not responsible for privacy policies or practices from outside websites or webapp even when the link has been provided by our own webapp. We strongly recommend that to carefully read the policy of each website or webapp where one browses and to get in contact with the owner or responsible in the case of doubt or question.

Also, if you get the link to our webapp via an outside page we are not responsible for the privacy policies or practices of that page. We recommend that you read the policy of that page carefully and get in contact with the owner or responsible in case of doubt or question.

7.6. Contact Us

If you wish to contact us for any suggestions or comments about our Privacy Policy or your personal information, please send us an e-mail to direccion@tierradevinedos.org

 

8. VARIOUS

8.1.- Changes

Fundacion Castilla La Mancha Tierra de Viñedos reserves its right to make such changes that it deems appropriate, modifying, deleting and including, unilaterally and without previous notice new content and/or services and how these appear presented and located.

8.2 Right to exclusion

Fundacion Castilla La Mancha Tierra de Viñedos reserves its right to refuse or withdraw access to the webapp and/or offered services without previous notice at its own request or that of a third party, to those users or clients who may be in breach of the General Terms of Use and/or Particular Terms or of contracting that, in the case, where applicable.

8.3.- Minors

When you log in as user or client in this WEB APP the user or client declares that they are 18 years old or older and understand the conditions of use, recruitment and privacy policy that regulate the webapp.

 

9. DURATION AND TERMINATION

The provision of services and/or contents of the webapp have an indefinite duration. Without limiting the foregoing, Fundacion Castilla La Mancha Tierra de Viñedos is empowered to terminate, suspend or finish unilaterally at any time and without any previous notice, the service it provides and the webapp and/or any of the services, without prejudice to the provisions it had regarded in the corresponding particular conditions of the contracting.

 

10. LAW AND JURISDICTION

All the questions concerning the webapp are regulated by the Spanish Laws and subjected to the jurisdiction of the Courts and Tribunals of Spain.