Accessing, browsing and using the marandjuana.com website (hereinafter, the «Website«) implies the express and unreserved acceptance of all the terms of this Legal Notice. Your observance and performance will be enforceable against anyone who accesses, browses or uses the Website.
Holder: 420 Neo Drinks, S.L. (hereinafter referred to as the «Holder«)
Registered office: Príncipe de Vergara, 57-59, 28006, Madrid
This Legal Notice regulates access, browsing and use of the Website, without prejudice that the Holder reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for access and / or use. Access and/or use of the Web Site after the entry into force of its modifications or changes implies acceptance thereof.
However, access to certain contents and the use of certain services may be subject to certain particular conditions, which shall in any case be clearly shown and shall be expressly accepted by the Users. These particular conditions may replace, complete or, where appropriate, modify those established in this Legal Notice.
3. ACCESS AND REGISTRATION
Access to and use of the Website does not require registration. However, access to and browsing of the Web Site implies that the User fully accepts and undertakes to comply fully with this Legal Notice, as well as the instructions or recommendations indicated in each case through the Web Site.
In any case, access to and browsing of the Website by minors under fourteen (14) years of age is prohibited, unless they have the prior and express authorisation of their parents, guardians or legal representatives, who will be considered responsible for the acts carried out by the minors in their charge, in accordance with current legislation. In any case, it shall be presumed that the access made by a minor to the Website has been made with the prior and express authorisation of his or her parents, guardians or legal representatives.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Proprietor owns or, as the case may be, holds the corresponding licenses on the exploitation rights of intellectual and industrial property necessary to operate the Website, as well as all the contents offered therein, including the Website itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.
In no case shall it be understood that access, navigation and use of the Website by the User implies a waiver, transmission, license or total or partial assignment of such rights by the Proprietor. The User has the right to use the contents and/or services of the Website within a strictly domestic scope and solely for the purpose of enjoying the benefits of the service in accordance with this Legal Notice.
References to registered trademarks or trade names, or other distinctive signs, whether owned by the Proprietor or third parties, carry an implicit prohibition on their use without the consent of the Proprietor or their rightful owners. At no time does access, browsing or use of the Website and/or its contents confer on the User any right over distinctive signs included therein, unless otherwise provided in this Legal Notice.
All intellectual and industrial property rights over the contents and/or services of the Web Site are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Web Site, for any purpose, without the prior, express written authorization of the Proprietor or, as the case may be, of the Proprietor of the corresponding rights.
Likewise, it is forbidden to remove or manipulate the indications of copyright or other credits that identify the owners of the rights of the contents that the User finds on the Web Site, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Web Site.
In the event that the User sends information or content of any kind to the Proprietor through any of the channels provided for the purpose, the User declares, guarantees and accepts that it has the right to do so freely, that such information does not infringe any right of intellectual property, industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.
The User acknowledges assuming responsibility, leaving the Proprietor harmless, for any communication or content you send personally or on his behalf.
If the User had knowledge of the existence of any illegal content, illegal, contrary to law or that could involve an infringement of intellectual property rights, industrial, or any other nature, must immediately notify the Proprietor through the email address email@example.com so that it can proceed to the adoption of appropriate measures.
Similarly, in the event that any User or third party considers that any of the contents of the Website owned by the Proprietor violates their intellectual property rights, industrial, or any other, must send a communication to firstname.lastname@example.org with the following information:
1. Identifying data and means of contact of the claimant or its legal representative;
2. Documentation accrediting your status as Holder of the rights allegedly infringed;
3. A detailed account of the rights allegedly infringed by the Proprietor, as well as their exact location within the Website;
4. Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed.
5.1 LINKS TO OTHER WEBSITES
In the event that the Website shows links to other web pages through different buttons, links, banners or embedded content, the Holder informs that these are managed by third parties, not having the Holder or human or technical means to know in advance and / or control and / or approve all information, content, products or services provided by other platforms to which links can be established from the Website.
Consequently, the Proprietor may not assume any liability for any aspect relating to the Website or web page to which a link could be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents in general.
In this sense, if the Users had effective knowledge that the activities developed through these web pages of third parties are illegal or contravene morality and / or public order, must immediately notify the Owner in order to proceed to disable the link access to them, action to be carried out in the shortest time possible.
In any case, the establishment of any type of link from the Website to another website does not imply that there is any relationship, collaboration or dependence between the Owner and the person responsible for that other website.
5.2 LINKS TO THE CARDHOLDER’S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS
The Proprietor makes available to Users, through different tools and applications, means of link that allow Users to access the channels and pages of the Website maintained on different platforms and social networks owned and / or managed by third parties (eg Twitter, Facebook, YouTube, etc.). The inclusion of these links on the Website has the sole purpose of facilitating Users’ access to these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between the Owner and the owner, manufacturer or distributor of the linked Website, nor the acceptance and approval by the Owner of its content and / or services, being its owner, manufacturer or distributor the only responsible for them.
The activation and use of these applications may entail the identification and authentication of the User (login/password) on the corresponding platforms, completely external to the Website and beyond the control of the Proprietor. By accessing such external networks, the User enters an environment not controlled by the Proprietor, so the Proprietor will not assume any responsibility for the security configuration of such environments.
Given that the Proprietor may have limited control over the content hosted on such channels, the User acknowledges and accepts that the Proprietor assumes no responsibility for the content or services that the User may access on such pages, or for any content, products, services, advertising, or any other material available on them.
5.3 LINKS ON OTHER WEB PAGES TO THE WEBSITE
The Proprietor does not authorize the establishment of a link to the Web Site from those pages that contain illegal, illegal, degrading, obscene materials, information or content and, in general, that contravene laws, morals or public order, or generally accepted social norms.
In any case, Users may establish links to the Web Site, provided that they comply with the following conditions:
- The link may not reproduce the content of the Website or portions thereof in any form;
- It is not allowed to create a browser or a border environment on the sections of the Web Site, nor in any other way can the Web Site be modified;
- It is not permitted to make false or inaccurate or incorrect statements or indications about the Web Site and/or, in particular, to state or imply that the Proprietor has authorized the link or has supervised or assumed in any way the content or services offered or made available on the web page on which the link is established;
- The web page in which the link to the Web Site is established shall not contain information or contents that are illicit, contrary to generally accepted morality and good customs and public order, nor shall it contain contents that are contrary to any third party rights, including intellectual or industrial property rights and/or the right to honour, to personal or family privacy or to one’s own image or any other right, or contents that are contrary to the regulations governing the protection of personal data.
The Proprietor has no power or human or technical means to know, control or approve all information, content, products or services provided by other websites that have established links to the Website. The Proprietor assumes no responsibility for any aspect relating to the website that establishes that link to the Web Site, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents in general.
6. WEBSITE USAGE RULES
It is not permitted and, therefore, its consequences will be the sole responsibility of the User, access or use of the Website for illegal or unauthorized purposes, with or without profit. In particular, and without the following list being exhaustive, it is prohibited:
- Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;
- Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
- Use the Website to collect personal data from other Users;
- Use the Website illegally, contrary to good faith, morals and public order;
- Register through the Website with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other Users about the User’s identity;
- Access without authorization to any section of the Website, to other systems or networks connected to the Website, to the Owner’s servers, or to the services offered through the Website, by means of piracy or forgery, password extraction or any other illegitimate means;
- Violate, or attempt to violate, the security measures or authentication of the Website or any network connected to it, or the security measures or protection inherent in the content offered on the Website;
- Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the Proprietor, as well as in the systems and networks connected to the Website; or
- To prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, whether altering or trying to alter, illegally or in any other way, the access, participation or functioning of the former, or falsifying the result thereof and/or using fraudulent participation methods, by means of any procedure, and/or through any practice that attempts or violates this Legal Notice.
The breach of any of the above obligations by the User may lead to the adoption by the Holder of the appropriate measures protected by law and in the exercise of their rights or obligations, leading to the removal or blocking of the account of the offending User, without any possibility of compensation for damages caused.
7. RESPONSIBILITIES AND GUARANTEES
The Proprietor cannot guarantee the reliability, usefulness or veracity of all the information and/or the services and contents of the Web Site nor the usefulness or veracity of the documentation made available through it.
Accordingly, the Proprietor does not warrant or take responsibility for:
- The continuity of the contents and services of the Web Site
- The absence of errors in these contents and services;
- The absence of viruses and/or other harmful components on the Website or on the server that supplies it;
- The invulnerability of the Web Site and/or the impossibility of violating the security measures adopted therein;
- The lack of usefulness or performance of the contents and services of the Website; and
- Damage or harm caused to himself or to a third party, any person who violates the conditions, rules and instructions that the Proprietor establishes on the Website or through the violation of the security systems of the Website.
Nevertheless, the Proprietor declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the operation of the Website and minimize system errors, both from the technical point of view and the content published on the Website.
The Proprietor does not guarantee the legality, reliability, or usefulness of content provided by third parties through the Website. If the User becomes aware of the existence of any illegal content, illegal, contrary to law, or that could involve an infringement of rights of third parties, must immediately notify the Owner so that it can proceed to the adoption of appropriate measures.
The Proprietor shall not be responsible for the truthfulness, integrity or updating of the information published on the Website from sources outside the same, nor for those contained in other platforms to which it links from the Website. The Proprietor shall not be liable for any hypothetical damages that may arise from the use of such information.
The Proprietor shall not be liable for causes beyond his control, among which can be listed in a non-limitative manner: force majeure, problems of Internet access, technological problems beyond the diligent and reasonable management of the Proprietor, actions or omissions of third parties, etc.. In all such cases, beyond the control and due diligence of the Proprietor, there shall be no compensation from the Proprietor to the User for damages, to the extent permitted by law.
8. SUSPENSION OF THE WEBSITE
The Proprietor reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and / or download content and / or use of services of the Website, with or without notice, to Users who violate any of the provisions detailed in this Legal Notice, without the possibility of the User to demand compensation for this cause.
9.CONFIDENTIALITY AND DATA PROTECTION
The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of this Legal Notice. Likewise, the Proprietor may modify the terms and conditions stipulated herein, totally or partially, publishing any change in the same form in which this Legal Notice appears or through any type of communication addressed to Users.
The temporary validity of this Legal Notice coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified Legal Notice will become effective.
The Proprietor may terminate, suspend or interrupt, at any time and without notice, access to the contents of the Website, without the possibility for the User to claim any compensation. After this extinction, the prohibitions of use of the contents previously exposed in the present Legal Warning will continue in force.
In the event that any provision of this Legal Notice is declared null or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions of this Legal Notice.
Failure by the Holder to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by you.
11.APPLICABLE LAW AND COMPETENT JURISDICTION
This Website is governed by the legislation in force in Spain.
For any controversy that may arise in the interpretation and application of this Legal Notice, and to the extent permitted by current legislation, both the Proprietor and Users expressly submit to the jurisdiction of the Courts and Tribunals of Madrid capital, waiving its own jurisdiction if any.
Last updated: 19 September 2019.
2019 420 Neo Drinks, S.L. All rights reserved.