Terms of use

Effective 28 december 2015
  1. Scope of this Terms of Use and Service Agreement

Scope. This Terms of Use and Service Agreement (the “Terms of Use”) sets forth the standards of use of the website http://bagmotions.com (the “site”), as well as the legal agreement between BAGMOTIONS S.L. (“the Company” or “us”), and the users of this site or of the services provided by the Company (the “User”). The Company is a Spanish company with seat in 08036-Barcelona (Spain), carrer Rosselló 184 3r, with Spanish Tax Number B-66663386, registered in the Commercial Registry of Barcelona at page [pendent].

Acceptance. The use of this site entails full acceptance of the Terms of Use as published by the Company at the moment of such use. If you do not agree with the Terms of Use, you should immediately cease all usage of this website.

The use of the services provided by the Company, contracted either online or offline, entails the full acceptance and application of these Terms of Use as published by The Company at the moment of such use, unless the Company and the relevant User agree otherwise in writing.

Effectivity. The Company may change or amend these Terms of Use at any moment, without notice. An updated and effective draft of these Terms of Use is permanently accessible on the website through the url [URL]. User should look at such url regularly to check for changes in the Terms of Use. Any changes to the Terms of Use will not apply retroactively and will become effective seven days after posting.

 

  1. Content of the site

Ownership over the site. The site is owned and managed by the Company.

Use of the site. Subject to the terms and conditions of these Terms of Use, the Company grants to User a non-exclusive, non-transferable, non-sublicensable license to access and use the site, solely for the purpose of obtaining the services provided by the Company.

Site modifications. The Company may modify without prior notice the design, layout and/or configuration of this site, as well as some or all of its functionalities. The Company reserves the right to modify or discontinue the service with or without notice to the User. The Company shall not be liable to the User or to any third party should the Company exercise its right to modify or discontinue the services provided by means of the site.

No guarantee of technical availability. The User acknowledges that it is not technically possible that the site is 100% available 100% of the time. However, the Company will strive to keep the site available and functioning as much as possible. Brief anomalies or temporary suspension may affect the Company site and services, especially due to site maintenances, security reviews, or capacity issues, and because of events that may not be controlled or influenced the Company (e.g. anomalies in public communication networks, power shortages, etc.).

 

  1. User obligations

Indemnity. User undertakes to make diligent use of the site and the services provided by the Company, in full compliance with these terms of use and the legal terms and conditions applicable to Users who acquire our services. User shall indemnify and hold the Company (as well as its agents, affiliates, directors, officers, employees and partners), harmless of any damage, including any kind of cost, penalty, or loss profit, arising from the User’s non-compliance with its obligations.

Information provided by the User. All information provided by the User through the site shall be truthful. User guarantees the authenticity of all data communicated as a result of completing the forms necessary for the subscription and use of the services provided by the Company.

User shall be held responsible for keeping constantly updated all information provided to the Company, so that said information is at all times accurate. User will be solely responsible for any false or inaccurate information provided to the Company, as well as for the damage caused to the Company or to third parties due to such unreliable information.

Registry. The Company may require at any moment that the User is registered in order to have access to any of the services provided by the site. In such case, the User password may not be transferred or assigned, even temporarily, to any third person. In the event that the User knows or suspects that his or her password is being used by any third party, the User shall inform the Company of such undue use.

Use of the site. Unless previous authorization is granted by the Company, the User may not incur in the following behavior:

  1. To use software or scripts in connection with site usage.
  2. To block, overwrite, modify or copy the site code, unless such action is necessary for the proper use of the services offered at the site.
  3. Any action that may impair the correct functioning of the site, especially overloading its servers.
  4. To use any of the materials and information contained in this site for illegal aims, or by any aim expressly prohibited by these terms and conditions.

The Company retains the right to terminate, at its sole discretion, any accounts involved with botnets and related activities.

 

  1. Warranties and liability

Disclaimer. Except where expressly provided in these Terms of Use and in the applicable regulatory framework, The Company is not responsible for damages of any kind that may result from the lack of accuracy, completeness or timeliness, or from errors or omissions in the contents of the site.

No warranty. The site is provided by the Company on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this site, in terms of its correctness, accuracy, reliability, or otherwise. The Company shall have no liability for any interruptions in the use of this site. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

No liability. The Company excludes any liability for damages of any kind (including any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use) that may be due to lack availability, continuity, or accuracy of the site.

 

  1. Links to third party websites

Inclusion of third party links. The Company may include in the site links to third party sites with the aim of facilitating access to relevant information available on the Internet. The Company shall not be held responsible for the contents of the links between the site and third party sites not managed by the Company. Such links or references are for informational purposes only and in no way imply an endorsement, approval, or commercial relationship of any kind between the Company and the persons who manage or own the said third party sites.

 

  1. Intellectual Property Rights

Copyright. The IP contents of this site, including its code, are subject to Copyright © 2015 – BAGMOTIONS S.L. Consequently, all economic and/or exploitation rights in connection with the contents of the site are held by the Company, unless they have been licensed to the Company by a third party. The reproduction, transmission, adaptation, translation, modification, public communication or any other use of all or part of the contents of this site, in any form and by any means, is strictly prohibited unless it has been authorized in written form by the Company.

Content of the site. The text, graphics, images, audio, databases, logos, structure, brands and other elements of this site protected by intellectual property rights are held by the Company and/or by any third party owners who have duly authorized their inclusion on the site by means of the corresponding agreement with the Company.

Trademark. The Company, its logo, and all related marks and logos, are registered trademarks of the Company. All other marks are the property of their respective owners. Such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that such third parties endorse or have any affiliation with the Company.

  

  1. Privacy and personal data protection

In accordance with the provisions of Spanish Organic Law 15 /1999, concerning the Protection of Personal Data (hereinafter LOPD), the Company informs the User of the possible existence of personal data files concerning the User’s personal data, created and managed by the Company. The User has the right to access, rectify, erase or block the personal data processed by the Company. These rights can be exercised by means of an email addressed to the address [email pendent], quoting the above subject, or by regular mail addressed to BAGMOTIONS S.L., CIF B-66663386, 08036-Barcelona (Spain), carrer Rosselló 184 3r.

Cookies. The Company may use at any moment first-party or third-party cookies, aimed at increasing site User experience, site customization, or at facilitating access to information reserved to certain Users. In accordance with the Company data protection policy, the User is informed that the cookies, if used, shall be associated to an anonymous User and its computer. Therefore, the cookies shall not provide the name and surname of the User, or any other identifying personal information. The cookies shall not retain any information of a confidential or sensitive nature, such as political affiliation of a person. The User may reject the use of cookies by means of selecting the appropriate settings on its browser or device.

 

  1. Governing law and dispute resolution

Applicable law and competent jurisdiction. These terms and conditions are governed by Spanish law. Any dispute arising from the use and/or contents of this site shall be submitted to the exclusive jurisdiction of the courts of Barcelona (Spain).

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