In compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services, we hereby declare the following: this website is the property of Tupinamba S. A. (hereinafter Tupinamba), with registered address for these purposes at Polígono Industrial Can Misser, calle Domenec Pascual, 3, 08360 Canet de Mar, Barcelona, Tax code: A58476961 registered on 29/02/2016. Volume: 42476, Folio: 102, Section: 8, Registration Form: 53534, Registration: 36, published on 08/03/2016 in BARCELONA. Bulletin: 46, Reference: 107405. Contact email: firstname.lastname@example.org.
tupinamba.com provides access to a multitude of information, services, programmes and data (hereinafter ‘the content’) on the Internet owned by Tupinamba or its licensors which the USER may access. The USER assumes responsibility for the use of the website. Said responsibility extends to the registration required to access certain services and content. The USER will be responsible for providing truthful and lawful information with regard to the aforementioned registration. As a consequence of this registration, the USER will be provided with a password for which he/she shall be responsible, thereby committing to its diligent and confidential use. The USER undertakes to make proper use of the content and services (such as chat services, discussion forums or newsgroups) that Plusmarca Creative Factory provides through its website and will, by way of example and in no way limitative, refrain from using them: (i) to engage in any activity which is unlawful, illicit or contrary to good faith and public order; (ii) to disseminate content or propaganda which is racist, xenophobic, illegally pornographic, supports terrorism or constitutes an attack on human rights; (iii) to cause damage to the physical and logical systems of Plusmarca Creative Factory, its suppliers or third parties, introduce or disseminate computer viruses on the network or any other physical or logical systems that are likely to cause the aforementioned damage; (iv) to attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. Plusmarca Creative Factory reserves the right to withdraw any comments or contributions that infringe on respect for personal dignity, that are discriminatory, xenophobic, racist, pornographic, that threaten young people or children, public order or safety or that are judged to be unsuitable for publication. Under no circumstances shall Tupinamba be responsible for the opinions expressed by users through the forums, chats, or other participation tools.
Tupinamba complies with the directives of Organic Law 15/1999 of 13 December on Personal Data Protection, Royal Decree 1720/2007 of 21 December, which approves the Development Regulation of the Organic Law and other regulations currently in force, and commits to ensuring the proper use and processing of the user’s personal data. To that end, along with each personal data collection form, with regard to the services that the user may request from email@example.com, the user will be informed of the existence and acceptance of the specific conditions for the handling of their data in each case, providing information on liability regarding the file created, the address of the responsible party, their options to exercise their rights of access, rectification, cancellation and opposition, the reason for the data handling and any communication of the data to third parties, where appropriate.
Furthermore, Tupinamba hereby states that it complies with Law 34/2002 of 11 July, on Information Society and Electronic Commerce Services, and will, at all times, request consent from its users with regard to the processing of their email addresses for commercial purposes.
Intellectual and Industrial Property
Tupinamba is the owner or delegated holder of all intellectual and industrial property rights pertaining to its website, as well as of those elements contained therein (including but not limited to images, sound, audio, video, software and text; trademarks or logos, colour combinations, layout and design, material selection used, computer programs necessary for its operation, access and use, etc.), owned by Tupinamba or its licensors.
All rights reserved. Pursuant to the provisions of articles 8 and 32.1, second paragraph, of the Spanish Law on Intellectual Property, it is expressly forbidden to reproduce, distribute or make public, all or part of the contents of this website for commercial purposes, with the inclusion of any means of making it available, on any medium and by any technical means, without the prior authorisation of Tupinamba. The USER agrees to respect Tupinamba’s Intellectual and Industrial Property ownership rights. The elements of the website may be viewed and even printed, copied and stored on the user’s computer hard disk or any other physical media provided it is solely and exclusively for personal and private use. The USER shall refrain from deleting, altering, circumventing or manipulating any protection device or security system that may be installed on the pages of the Tupinamba website.
Guarantee and liability disclaimer
Tupinamba accepts no liability, under any circumstances, for damage or loss of any kind that may be caused, for example: content errors or omissions, unavailability of the portal or the transmission of viruses or malicious or harmful programs in the content, despite all the necessary preventative technological measures having been implemented.
Tupinamba reserves the right to make any modifications it deems fit to its website, without prior notice, and may change, delete or add to the both the content and services provided on the website, as well as the manner in which they are displayed and their location on the site.
In the event that links or hyperlinks are established from tupinamba.com to other Internet sites, Tupinamba shall not exercise any type of control with respect to said sites and their content. Under no circumstances will Tupinamba assume liability for the content of a link belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, scope, veracity, validity or constitutionality of any material or information contained in any such hyperlink or other Internet site.
Similarly, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.
Right of exclusion
Tupinamba will pursue the breach of these conditions and any improper use of its website by exercising any manner of civil and criminal action that may be applicable under the law.
Modification of conditions and duration
Tupinamba may modify the conditions established herein at any time, being duly published as they appear here.
Said conditions shall remain in effect for the period they are displayed and remain in force until they are modified by other duly published conditions.
Applicable legislation and jurisdiction
The relationship between Tupinamba and the USER shall be governed by current Spanish regulations and any controversy submitted to the Courts and Tribunals of the city of Barcelona.