ERICK SANDOVAL SOLANO, responsible for the website, hereinafter referred to as RESPONSIBLE, makes this document available to users in order to comply with the obligations set forth in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all website users about the terms of use.
Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that may apply.
ERICK SANDOVAL SOLANO reserves the right to modify any type of information that may appear on the website without any obligation to give prior notice or inform users of such obligations, with publication on the website of ERICK SANDOVAL SOLANO (Gastro Affair) being understood as sufficient.
1. IDENTIFICATION DATA
Corporate name: ERICK SANDOVAL SOLANO, Trade name: GASTRO AFFAIR
Tax ID (NIF): 60061000L
Address: Gran Vía de les Colts Catalanes, 855, Escalera A 2-2
E-mail: hola@gastroaffair.com
2. PURPOSE
Through the Website, we offer users the possibility to access information about our services.
3. PRIVACY AND DATA PROCESSING
When access to certain content or services requires providing personal data, users guarantee its truthfulness, accuracy, authenticity, and validity. The company will provide the appropriate automated treatment of such data according to its nature or purpose, in the terms indicated in the Privacy Policy section.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all content displayed on the Web Space, including but not limited to designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights, and all trademarks, trade names, or distinctive signs, all industrial and intellectual property rights over the content and/or any other elements inserted in the page are the exclusive property of the company and/or third parties who have the exclusive right to use them in the economic traffic. Therefore, the User commits not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such content while keeping the company harmless from any claim arising from the breach of such obligations.
In no case does access to the Web Space imply any waiver, transmission, license, or total or partial assignment of said rights unless expressly stated otherwise. These General Conditions of Use of the Web Space do not grant Users any other rights to use, alter, exploit, reproduce, distribute, or publicly communicate the Web Space and/or its Content other than those expressly provided herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for this purpose by the company or the third party owner of the rights affected.
The content, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. The company is the owner of the elements that make up the graphic design of the Web Space, the navigation menus, the HTML code, the texts, images, textures, graphics, and any other content of the Web Space, or, in any case, has the corresponding authorization for the use of such elements. The content made available in the Web Space may not be reproduced in whole or in part, transmitted, or registered by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the aforementioned Entity.
It is also prohibited to delete, evade, and/or manipulate the “copyright” as well as the technical protection devices or any information mechanisms that the content may contain. The User of this Web Space agrees to respect the rights mentioned above and to avoid any action that could harm them, reserving in all cases the company the exercise of any legal means or actions that correspond to it in defense of its legitimate rights of intellectual and industrial property.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEB SPACE USER
The User agrees to:
Make appropriate and lawful use of the Web Space, as well as the content and services, in accordance with (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Web Space; (iii) generally accepted morals and good customs, and (iv) public order.
Provide all the means and technical requirements needed to access the Web Space.
Provide truthful information when filling in their personal data in the forms contained in the Web Space and to keep them updated at all times so that they correspond, at all times, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for the damages caused to the company or third parties by the information provided.
Notwithstanding the provisions of the previous paragraph, the User must also refrain from:
Making unauthorized or fraudulent use of the Web Space and/or the contents for illegal purposes or effects prohibited by these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or impede the normal use of the services or documents, files, and all kinds of content stored on any computer.
Accessing or attempting to access restricted areas or resources of the Web Space, without meeting the conditions required for such access.
Causing damage to the physical or logical systems of the Web Space, its providers, or third parties.
Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its providers, or third parties.
Attempting to access, use, and/or manipulate the data of the company, third-party providers, and other Users.
Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the content, unless authorized by the holder of the corresponding rights or legally permitted.
Deleting, hiding, or manipulating notes on intellectual or industrial property rights and other identifying data of the rights of the company or third parties incorporated into the content, as well as technical protection devices or any information mechanisms that may be inserted into the content.
Obtaining or attempting to obtain the content using means or procedures other than those that, depending on the cases, have been made available for this purpose or have been expressly indicated on the web pages where the content is located or, in general, those that are usually used on the Internet as they do not entail a risk of damage or disablement of the Web Space and/or the content.
In particular, and merely by way of example and not exhaustively, the User agrees not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that: • In any way is contrary to, disparages, or violates fundamental rights and public liberties constitutionally recognized, in International Treaties, and in the rest of the legislation in force. • Induces, incites, or promotes criminal, denigrating, defamatory, violent actions or, in general, contrary to the law, morals, generally accepted good customs, or public order. • Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition. • Incorporates, makes available, or allows access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to the law, morals, and generally accepted good customs or public order. • Induces or may induce an unacceptable state of anxiety or fear. • Induces or incites to engage in dangerous practices, risky or harmful to health and mental balance. • Is protected by legislation on intellectual or industrial protection belonging to the company or to third parties without the intended use having been authorized. • Is contrary to honor, personal and family privacy, or the very image of individuals. • Constitutes any type of advertising. • Includes any type of virus or program that prevents the normal functioning of the Web Space.
If a password is provided to access some of the services and/or content of the Web Space, the User is obliged to use it diligently, keeping it secret at all times. Consequently, they will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, whether temporarily or permanently, or to allow access to the mentioned services and/or content by outsiders. Likewise, they are obliged to notify the company of any event that may result in improper use of their password, such as, but not limited to, theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as the aforementioned notification is not made, the company will be exempt from any liability that may arise from the improper use of the password, being responsible for any illegal use of the content and/or services of the Web Space by any unauthorized third party. If any of the obligations set forth in these General Conditions of Use are negligently or intentionally breached, the User shall be liable for all damages and losses that such breach may cause to the company.
6. RESPONSIBILITIES
Continued access, proper visualization, download, or usefulness of the elements and information contained on the website are not guaranteed, as they may be impeded, hindered, or interrupted by factors or circumstances beyond its control. The company is not responsible for decisions that may be made as a result of accessing the content or information offered.
The service may be interrupted, or the relationship with the User may be terminated immediately if it is detected that their use of the Web Space, or any of the services offered therein, is contrary to these General Conditions of Use. We are not responsible for any damages, losses, claims, or expenses arising from the use of the Web Space.
We will only be responsible for removing, as soon as possible, content that may cause such damages, provided that we are notified accordingly. In particular, we will not be liable for damages that may arise, among others, from:
Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system caused by deficiencies, overloads, and errors in the telecommunications lines and networks, or by any other cause beyond the company’s control.
Unauthorized intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or others.
Improper or inappropriate use of the Web Space.
Security or navigation errors produced by a malfunction of the browser or by the use of non-updated versions of it. The administrator of the web space reserves the right to remove, partially or completely, any content or information present on the Web Space.
The company excludes any liability for damages of any kind that may result from the misuse of the freely available and usable services by Web Space Users. It is also exempt from any liability for content and information that may be received as a result of data collection forms, being those solely for providing consultation and inquiry services. On the other hand, in case of causing damages due to illegal or incorrect use of said services, the User may be liable for the damages caused.
You shall keep the company harmless from any damages resulting from claims, actions, or demands of third parties as a consequence of your access or use of the Web Space. Likewise, you agree to indemnify against any damages resulting from your use of “robots,” “spiders,” “crawlers,” or similar tools used to gather or extract data or any other action that imposes an unreasonable burden on the operation of the Web Space.
7. HYPERLINKS
The User agrees not to reproduce the Web Space or any of its content in any way, including through a hyperlink, without the express written authorization of the file’s responsible party.
The Web Space may include links to other web spaces managed by third parties, to facilitate User access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such Web Spaces, nor does it guarantee or offer the services and/or information that third parties may offer through third-party links.
The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Web Space solely for private and non-commercial use. Web spaces that include a link to our Web Space (i) may not misrepresent their relationship or claim that they have been authorized for such a link, nor include trademarks, names, trade names, logos, or other distinctive signs of our company; (ii) may not include content that could be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race, or religion, contrary to public order or illegal; (iii) may not link to any page of the Web Space other than the main page; (iv) must link to the Web Space’s own address, without allowing the web space that makes the link to reproduce the Web Space as part of its web or within one of its “frames” or create a “browser” on any of the pages of the Web Space. The company may request, at any time, that you remove any link to the Web Space, after which you must immediately proceed to its removal.
The company cannot control the information, content, products, or services provided by other Web Spaces that have established links to the Web Space.
8. DATA PROTECTION
To use some of the Services, the User must first provide certain personal data. The company will process these data automatically and will apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of previously defined purposes, under the conditions defined in the Privacy Policy.
9. COOKIES
The company reserves the right to use “cookie” technology on the Web Space to recognize the frequent User and personalize the use they make of the Web Space by preselecting their language, or more desired or specific content.
Cookies collect the user’s IP address, with Google being responsible for processing this information. Cookies are files sent to a browser, through a Web server, to record the User’s navigation on the Web Space, provided the User allows their reception. If you wish, you can configure your browser to be notified on-screen of the reception of cookies and to prevent their installation on your hard drive. Please consult your browser’s instructions and manuals for more information.
Thanks to cookies, it is possible to recognize the browser of the computer used by the User to facilitate content and offer browsing preferences or advertising that the User, to the demographic profiles of the Users, as well as to measure visits and traffic parameters, control the progress and number of entries.
10. DECLARATIONS AND WARRANTIES
In general, the content and services offered on the Web Space are for informational purposes only. Therefore, when offering them, no guarantee or declaration is granted in relation to the content and services offered on the Web Space, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such declarations and guarantees cannot be excluded by law.
11. FORCE MAJEURE
The company will not be responsible in case of impossibility to provide service if this is due to prolonged interruptions of electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts, and omissions of the Government, and in general, all cases of force majeure or fortuitous event.
12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Conditions of Use, as well as the use of the Web Space, will be governed by Spanish legislation. For the resolution of any disputes, the parties will submit to the Courts and Tribunals of the domicile of the Website Responsible.
If any stipulation of these General Conditions of Use is deemed unenforceable or null under applicable law or as a result of a judicial or administrative resolution, such unenforceability or nullity will not cause these General Conditions of Use to be unenforceable or null as a whole. In such cases, the company will proceed to modify or replace such stipulation with another that is valid and enforceable and that, to the extent possible, achieves the objective and purpose reflected in the original stipulation.
