1. IDENTIFYING INFORMATION
Company name: Fitness 22 LM Embid SL (hereinafter referred to as the Data Controller)
Trade name: Fitness 22 LM Embid SL
Tax ID (NIF): B67821090
Address: Calle Marqués de Urquijo, 30 – 1, 28008
e-mail: yolanda@yolandayuste.com
The Data Controller 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 users of the website about the terms of use. Any person accessing this website assumes the role of user and undertakes to strictly observe and comply with the provisions set forth herein, as well as with any other applicable legal requirements.
The Data Controller reserves the right to modify any type of information that may appear on the website, without prior notice or obligation to inform users of such changes, it being understood that publication on the Data Controller’s website is sufficient.
2. PURPOSE
Through the website created by Cardeseo, we offer Users the possibility to access information about our services.
3. PRIVACY AND DATA PROCESSING
When access to certain content or services requires the provision of personal data, Users shall guarantee its truthfulness, accuracy, authenticity, and validity. The company will process such data in an automated manner as appropriate to its nature or purpose, in accordance with the terms set out in the Privacy Policy section.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all content displayed on the Website, and in particular designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights. All trademarks, trade names, or distinctive signs, as well as all industrial and intellectual property rights over the content and/or any other elements included on the website, are the exclusive property of the company and/or third parties, who hold the exclusive right to use them in commercial activities. Therefore, the User undertakes not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such content, and to hold the company harmless from any claims arising from the breach of these obligations.
In no event shall access to the Website imply any waiver, transfer, license, or assignment, in whole or in part, of such rights, unless expressly stated otherwise. These General Terms of Use of the Website do not grant Users any rights to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its Content other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for such purpose by the company or the third-party holder of the rights concerned.
The content, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creations existing on this Website, as well as the Website as a whole, considered as a multimedia artistic work, are protected by copyright under intellectual property legislation. The company owns the elements that make up the graphic design of the Website, including menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content on the Website, or, where applicable, has obtained the corresponding authorization for their use. The content available on the Website may not be reproduced, in whole or in part, transmitted, or stored in any information retrieval system, in any form or by any means, without the prior written authorization of the aforementioned entity.
Likewise, it is prohibited to remove, circumvent, and/or manipulate the copyright notice, as well as any technical protection devices or information mechanisms that may be contained in the content. The User of this Website undertakes to respect the aforementioned rights and to refrain from any actions that may harm them. The company reserves the right to take any legal actions or measures available to it in defense of its legitimate intellectual and industrial property rights.
5. LIABILITIES
Continuous access, as well as the correct display, download, or usefulness of the elements and information contained on the website, is not guaranteed, as these may be hindered, impeded, or interrupted by factors or circumstances beyond its control. The company shall not be held responsible for any decisions that may be made as a result of access to the content or information provided.
The service may be interrupted, or the relationship with the User may be terminated immediately, if it is detected that the use of the Website, or any of the services offered on it, is contrary to these General Terms of Use. We shall not be held liable for any damages, losses, claims, or expenses arising from the use of the Website.
The company shall only be responsible for removing, as soon as possible, any content that may cause such harm, provided that it is duly notified.
The company excludes any liability for damages of any kind that may arise from the improper use of freely available services by Users of the Website. Likewise, the company shall not be held liable for the content or information that may be received as a result of data collection forms, which are provided solely for the purpose of handling inquiries and questions. On the other hand, in the event that damages are caused due to unlawful or improper use of such services, the User may be held liable for the damages incurred.
You agree to hold the company harmless from any damages arising from claims, actions, or demands by third parties as a result of your access to or use of the Website. Likewise, you agree to indemnify the company for any damages resulting from your use of “robots,” “spiders,” “crawlers,” or similar tools used to collect or extract data, or from any other actions on your part that impose an unreasonable burden on the operation of the Website.
6. HYPERLINKS
The User undertakes not to reproduce the Website, in any manner whatsoever, including through a hyperlink or hypertext link, nor any of its content, without the prior express written authorization of the Data Controller.
The Website may include links to other websites managed by third parties, in order to facilitate Users’ access to information from partner and/or sponsor companies. Accordingly, the company shall not be held responsible for the content of such websites, nor does it assume the role of guarantor or provider of the services and/or information that may be offered to third parties through such links.
7. DATA PROTECTION
In order to use certain Services, the User must first provide certain personal data. The company will process this data automatically and will apply the appropriate security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User may access the policy governing the processing of personal data, as well as the purposes established in advance, under the conditions set out in the Privacy Policy.
8.COOKIES
The company reserves the right to use “cookie” technology on the Website in order to recognize you as a frequent User and to personalize your use of the Website by pre-selecting your language or preferred and more specific content.
Las cookies recopilan la dirección IP del usuario siendo Google el responsable del tratamiento de esta información.
Cookies are files sent to a browser by means of a web server to record the User’s browsing activity on the Website, provided that the User allows their reception. If you wish, you can configure your browser to notify you on screen when cookies are received and to prevent their installation on your hard drive. Please consult your browser’s instructions and manuals for further information.
Thanks to cookies, it is possible to recognize the browser of the device used by the User in order to facilitate content delivery and offer browsing or advertising preferences based on the User’s demographic profiles, as well as to measure visits and traffic parameters, and to monitor progress and the number of entries.
9. REPRESENTATIONS AND WARRANTIES
In general, the content and services offered on the Website are for informational purposes only. Therefore, by providing them, no guarantees or representations are made regarding the content and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.
10. FORCE MAJEURE
The company shall not be held liable in the event of an inability to provide the service if such inability is due to prolonged interruptions in electricity supply, telecommunications lines, social conflicts, strikes, riots, explosions, floods, acts or omissions of the Government, or, in general, any cases of force majeure or unforeseen circumstances.
11. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Terms of Use, as well as the use of the Website, shall be governed by Spanish law. For the resolution of any disputes, the parties shall submit to the Courts and Tribunals of the registered office of the Website’s Data Controller.
In the event that any provision of these General Terms of Use is deemed unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render the entire Terms of Use unenforceable or void. In such cases, the company shall modify or replace the affected provision with one that is valid and enforceable, and that, to the extent possible, achieves the objective and intent of the original provision.