TERMS & CONDITIONS
The access, navigation and use of the website www.fionabow.com (hereinafter, the “Website”) implies the express and unreserved acceptance of all the terms of these Conditions of Use, having the same validity and effectiveness as any written and signed contract.
Its observance and compliance will be enforceable with respect to any person who accesses, browses or uses the Website. If you do not agree with the terms set forth, do not access, browse or use the Website.
ID
Holder: MARTA ROIG (hereinafter, “FIONA BOW”)
Address: Barcelona (08012), calle Berga 10 bajo, local.
E-mail: info@fionabow.com
OBJECT
These Conditions of Use regulate the access, navigation and use of this Website, notwithstanding that FIONA BOW reserves the right to modify its presentation, configuration and content, as well as the conditions required for its access and/or use. The access and use of the contents of the Website after the entry into force of its modifications or changes imply acceptance of them.
FIONA BOW reserves the right to modify the terms and conditions stipulated here, totally or partially, publishing any change in the same way in which these Conditions of Use appear or through any type of communication addressed to users.
Similarly, we inform users about their rights and obligations in relation to the content displayed through the Website, logos and brands used, as well as the responsibilities that may arise from accessing the Website.
For the purposes of interpreting these Terms of Use, we understand that a person becomes a user at the time they accept the Terms of Use and the Privacy Policy set out on the Website, simply visiting it.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
FIONA BOW is the owner or, where appropriate, has the corresponding licenses on the exploitation rights of intellectual and industrial property of the Website, as well as all the contents offered on it, including the platform 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 will it be understood that the access, navigation and use of the Website by the user implies a waiver, transmission, license or total or partial transfer of said rights by FIONA BOW. The user has a right to use the contents of the Website within a strictly domestic environment and solely for the purpose of using this Website, in accordance with these Conditions of Use.
References to trademarks or registered trade names, or other distinctive signs, whether owned by FIONA BOW or third-party companies, implicitly prohibit their use without the consent of FIONA BOW or its legitimate owners. At no time, unless expressly stated to the contrary, does access, browsing or use of the Website and/or its contents confer any right on the user over distinctive signs included therein.
All intellectual and industrial property rights over the contents of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents. contents included in the Website, for public or commercial purposes, if you do not have the prior, express and written authorization of FIONA BOW or, where appropriate, of the owner of the corresponding rights.
Likewise, it is prohibited to suppress or manipulate the copyright indications or other credits that identify the holders of rights of the contents that the user finds on the Website, as well as the technical protection devices, fingerprints, or any protection mechanism. or information incorporated into the content offered on the Website.
In the event that the user sends information of any kind to FIONA BOW through any of the channels enabled for this purpose, the user declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property right, industrial, trade secret or any other rights of third parties, and that said information is not confidential or harmful to third parties.
The user acknowledges assuming responsibility, leaving the provider harmless for any communication provided personally or on his behalf, reaching said responsibility without any restriction of the accuracy, legality, originality and ownership of the same.
If the user becomes aware of the existence of any illicit, illegal content, contrary to the law or that could imply an infringement of intellectual and/or industrial property rights, they must immediately notify FIONA BOW through the email address
info@fionabow.com so that it can proceed to adopt the appropriate measures.
Similarly, in the event that any user or third party considers that any of the contents of the Website owned by FIONA BOW violates their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to info@fionabow.com with the following information:
– Identification data and means of contact of the claimant or his legal representative.
– Documentation proving your status as owner of the allegedly infringed rights.
– Detailed account of the rights allegedly infringed by FIONA BOW, as well as their exact location within the Website.
– Express statement by the claimant that the use of the contents has been made without the consent of the owner of the allegedly infringed rights.
RULES OF USE OF THE WEBSITE
It is not allowed and, therefore, its consequences will be the sole responsibility of the user, the access or use of the Website for illegal or unauthorized purposes, with or without economic purpose. In particular, and without the following list being absolute, it is prohibited:
– Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party;
– Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
– Use the Website to collect personal data from other users;
– Using the Website illegally, against good faith, morality and public order;
– Access without authorization to any section of the Website, to other systems or networks connected to the Website, to any FIONA BOW server, or to the services offered through the Website, by means of hacking or forgery, extraction of passwords or any other illegitimate means;
– Break, or attempt to break, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to 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 FIONA BOW, as well as in the systems and networks connected to the Website; either
– Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of those, or falsifying the result of the same and/or using fraudulent participation methods, through any procedure, and/or through any practice that attempts or violates these Conditions of Use in any way.
Failure to comply with any of the above obligations by the user may entail the adoption by FIONA BOW of the appropriate measures protected by Law and in the exercise of its rights or obligations, without the possibility of any compensation for the damages caused.
In the event that you find any information or content on the Website that may be inappropriate, contrary to current regulations, or contrary to the conditions set forth on the Website, please inform FIONA BOW immediately at through the different means available for it.
LINKS TO OTHER WEB PAGES
FIONA BOW does not control the content, privacy policies or practices of third party websites and assumes no responsibility for them.
The user acknowledges and accepts that FIONA BOW will not be responsible for the availability of external websites or resources, and does not subscribe to any type of advertising, products or other materials offered through said websites or resources.
The user acknowledges and agrees that FIONA BOW will not be responsible for any loss or damage that the user may incur as a result of the availability of the aforementioned websites or external resources, or as a result of the credibility that it grants to the exhaustiveness, precision or existence of any type of advertising, products or other materials offered through said websites or resources.
On the other hand, the user who wants to introduce links to the FIONA BOW portal from their own websites will be obliged to comply with the following conditions:
– The link will only link to the page, not being able to reproduce it in any way;
– In accordance with the applicable regulations, frames or frameworks of any kind may not be established that surround the portal or allow it to be viewed through different Internet addresses or together with content outside of it, in such a way that it produces, or may produce, an error. or confusion in the users about the origin of the service or its contents, implies an act of unfair comparison or imitation, serves to take advantage of the reputation, brand and prestige of FIONA BOW or is done in any other way that is prohibited by law;
– From the website that makes the link, no type of false or inaccurate statement may be made about FIONA BOW, about the quality of its services or about its partners, employees or clients;
– The sender may not use the brand or any other distinctive sign of FIONA BOW within its website, except in cases authorized by law or expressly permitted by FIONA BOW;
– The website that establishes the link must observe current legislation and may not have or link to illegal, harmful content, contrary to morality and good customs, that produce or may produce the false idea that FIONA BOW endorses or supports , the ideas, statements or actions of the sender or that are inappropriate in relation to the activity carried out by FIONA BOW, taking into account the contents and the general theme of the website where the link is established.
Finally, users who insert content from other users on their own web pages will not be subject to the provisions of this point because, strictly speaking, the calls that occur from their own web pages to said content are not links to them. , nor to the FIONA BOW portal. Your own web pages “call” the code of the content published on FIONA BOW and such content is reproduced on your own web pages.
LINKS TO THE PROVIDER’S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS
FIONA BOW makes available to users, through different tools and applications, link means that allow users to access the channels and pages of the Website that FIONA BOW maintains on different platforms and social networks owned and/or managed by third parties (eg Facebook, Instagram, Pinterest, etc.). The inclusion of these links on the Website has the sole purpose of facilitating users’ access to said channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between FIONA BOW and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by FIONA BOW of its contents and/or services, being its owner, manufacturer or distributor is solely responsible for them.
In no case does FIONA BOW share with Facebook, Instagram or any other social network that is incorporated in the future any type of private information about its users, its sole purpose being that established in these General Conditions of Use, as well as in the Privacy Policy. Website Privacy. In this sense, all the information that the user wishes to provide to these platforms will be under their own responsibility, FIONA BOW not intervening in said process.
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 FIONA BOW. By accessing these external networks, the user enters an environment not controlled by FIONA BOW, so FIONA BOW will not assume any responsibility for the security configuration of said environments.
Since FIONA BOW has no control over the content hosted on said channels, the user acknowledges and accepts that FIONA BOW does not assume any responsibility for the content or services that the user can access on said pages, nor for any content, products, services, advertising, or any other material available in them. For this reason, the user must exercise extreme caution in the evaluation and use of the information, content and services existing in the linked channels, and on the information of their own or of third parties that they want to share in said channels.
LINKS ON OTHER WEB PAGES TO FIONABOW.COM
FIONA BOW does not authorize the establishment of a link to the Website from those pages that contain illicit, illegal, degrading, obscene materials, information or content and, in general, that contravene laws, morality or public order, or social norms. generally accepted.
In any case, users may establish links on their respective web pages that lead to the Website, as long as they comply with the following conditions: a) the link may not reproduce the content of the Website or parts of it in any way; b) it is not allowed to create a browser or a border environment on the sections of the Website, nor can the Website be modified in any other way; c) It is not allowed to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, declare or imply that FIONA BOW has authorized the link or that it has supervised or assumed in any way the contents or services offered or made available on the web page on which said link is established; d) the web page in which the link to the Website is established will not contain illicit information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any rights of third parties, including those intellectual and 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 content contrary to the regulations governing the protection of personal data.
FIONA BOW does not have the power or the human or technical means to know, control or approve all the information, content, products or services provided by other web pages that have established links to the Website. FIONA BOW does not assume any type of responsibility for any aspect related to the web page that establishes that link to the Website, specifically, by way of example and 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 content, in general.
RESPONSIBILITIES AND GUARANTEES
Consequently, FIONA BOW does not guarantee nor is it responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said content; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of violating the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) the damages or losses caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that FIONA BOW establishes on the Website or through the violation of the security systems of the Website.
However, FIONA BOW declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Website and reduce system errors to a minimum, both from a technical and technical point of view. legal and organizational.
If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of the rights of third parties, they must immediately notify FIONA BOW so that it can proceed to adopt the appropriate measures.
FIONA BOW will not be responsible for the veracity, integrity or updating of the information published on the Website from sources other than the same and will not assume responsibility for hypothetical damages that may arise from the use of said information.
SUSPENSION OF THE WEBSITE
FIONA BOW reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and/or downloading of the content and/or use of services on the Website, with or without prior notice. , without the possibility of the user to demand compensation for this cause.
CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of current regulations on Data Protection, all personal data provided during the use of the Website will be treated in accordance with the provisions of the Privacy Policy that all users must expressly accept in order to use the website.
GENERAL CONDITIONS OF USE OF SOCIAL PROFILES
With these General Conditions of Use, FIONA BOW intends that all end users know what their rights and obligations are from the moment they visit their social profiles on Facebook, Instagram, and/or any similar social network.
In the same way, FIONA BOW informs users about their rights and obligations in relation to the content exposed through their social profiles, logos and brands used, as well as the responsibilities that may arise from the use of the service.
FIONA BOW is deeply committed to ensuring that the service works correctly and in accordance with the conditions agreed with the users. However, on occasions it is possible that situations may arise (especially due to the intervention of ill-intentioned third parties) from which responsibilities could arise.
In this sense, below are those situations, by way of example, but not limitation, in which FIONA BOW is not responsible for the actions of users, assuming all the responsibilities that may arise:
– In the event that any information is published on the social network that has not been published or shared by FIONA BOW, or that, if applicable, has been published by an outside third party.
– In the event that the social network is not operational for technical reasons attributable to the owner of the platform itself, third parties or unforeseeable causes or force majeure, these circumstances being the responsibility of the social network, or, where appropriate, the third party.
– In the event that the social network modifies its General Conditions of Use, privacy policies or mode of operation, these circumstances being the responsibility of the social network.
– In the event that the user stores, disseminates, publishes or distributes on the social network any type of defamatory, libelous, discriminatory material that incites violence or that is contrary to morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties.
– In the event that the user uses the social network to introduce data, viruses or malicious code into the equipment of FIONA BOW or any other user.
En caso de que cualquiera de los contenidos accesibles a través de los perfiles sociales de FIONA BOW fuera contrario a la normativa vigente, éste se compromete a proceder a su retirada inmediata, tan pronto tenga conocimiento de esta situación.
In the event that any of the content accessible through FIONA BOW’s social profiles is contrary to current regulations, FIONA BOW undertakes to proceed with its immediate withdrawal, as soon as it becomes aware of this situation. FIONA BOW does not undertake to inform users when their comments and publications are subject to editing and/or moderation; however, it may warn and take the appropriate measures to suspend and expel users who periodically and systematically send inappropriate content. Those users who carry out the aforementioned behaviors on more than one occasion, having been suspended or expelled from the service before, may be prevented from using the social profile indefinitely, assuming this the definitive expulsion of the program and the permanent blocking of the user.
Likewise, FIONA BOW does not guarantee the veracity, reliability, validity or integrity of the content of third parties that contains its social profile or any linked site. FIONA BOW is not responsible for the content of websites not operated by FIONA BOW.
FIONA BOW’s social profile may include opinions, recommendations or statements of third parties, which do not necessarily reflect the opinions of FIONA BOW or indicate its commitment to a certain line of action.
FIONA BOW recommends that users act with caution, common sense and good sense when using their social profile and that they carefully evaluate the veracity, validity, integrity and relevance of the information published through it for their purposes. Any decision users make based on such information is strictly at their own risk.
Once the user begins to follow FIONA BOW’s social profiles, they may post comments, links, images or photographs or any other type of content, according to the conditions of the social network itself. The user, in all cases, must be the owner of the same, enjoy the rights of exploitation of intellectual property or have the consent of the affected third parties.
The user who decides to share content on the FIONA BOW social profile must be aware that their publications will be accessible and therefore known by other users, for which they will be solely responsible for them, as well as the implications that this may be for your privacy.
Any publication on the social profile of FIONA BOW that violates or is likely to violate morals, ethics, good taste or decorum, and/or that infringes, violates or violates intellectual or industrial property rights, is expressly prohibited. the right to image, privacy or current regulations. In these cases, FIONA BOW reserves the right to withdraw the content, and may request the permanent blocking of the user who carried out the publication of the content..
In this sense, the contents, opinions or answers to questions published, expressed or sent by the creators, sponsors, advertisers or users of the FIONA BOW profile, other than the content provided by FIONA BOW, are the exclusive opinions and responsibility of the person who sends and do not necessarily reflect the opinions of FIONA BOW, which is not responsible for the content published, posted, distributed, disseminated or transmitted by third parties through the official profiles of FIONA BOW.
Similarly, FIONA BOW reserves the right not to respond individually to comments and messages received through its profile, as well as not to follow all users who start following its social profile.
For answers to questions, complaints or claims, consult the FIONA BOW corporate website, where the relevant information channels are available.
FIONA BOW will use your profiles on social networks to advertise its own services. In any case, if FIONA BOW decides to process your contact data (user profile of the social network and/or email) to carry out direct commercial prospecting actions, it will always be in compliance with the legal requirements of current regulations regarding Data Protection.
Recommending FIONA BOW’s social profiles to other users so that they too can be informed of their activity will not be considered advertising.
FIONA BOW is deeply committed to the protection and defense of intellectual and industrial property rights. Therefore, it reports that:
– In no case may it be understood that users are granted any exploitation rights over the exposed contents beyond what is strictly necessary for their visualization.
– All logos, trademarks and trade names displayed through the website or platform are the property of FIONA BOW and their use is conditioned by the corporate rules of the Company, and/or the provisions of those third parties that have allowed its use and/or exploitation.
– Under no circumstances can browsing through the social profiles of FIONA BOW imply the waiver, transmission, license or total or partial transfer of intellectual or industrial property rights, unless otherwise stated in writing.
– Regarding the links or hyperlinks, it is possible that they facilitate access to independent third-party websites that are directly related to the advertising displayed and reproduced through the social profile. As they are not pages owned by FIONA BOW and over which it has control, FIONA BOW is not responsible for their content and/or operation.
In the event that anyone detects any type of content contrary to current regulations or that may be harmful to users, FIONA BOW requests that it be notified as soon as possible.
The user can access the privacy policies of the Social Network itself at any time, as well as configure their profile to guarantee their privacy. FIONA BOW encourages users to familiarize themselves with the General Conditions of Use of said networks before starting to use it.
MISCELLANY
The headings of the different clauses are for information only, and will not affect, qualify or expand the interpretation of these Conditions of Use. Likewise, FIONA BOW may modify the terms and conditions stipulated herein, totally or partially, publishing any change in the same way in which these Terms of Use appear or through any type of communication addressed to users.
The temporary validity of these Conditions of Use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified Conditions of Use will become valid.
Regardless of the provisions of the particular conditions that may be established, FIONA BOW may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility of user to demand any compensation. After said termination, the prohibitions on the use of the contents previously set forth in these Terms of Use will remain in force.
For these purposes, FIONA BOW informs that it may inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any infraction of current legislation or if it suspects the commission of a crime.
In the event that any provision of these Conditions of Use is declared null or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or non-application will not affect the remaining provisions of these Conditions. of Use.
The non-exercise or execution by FIONA BOW of any right or provision contained in these Conditions of Use will not constitute a waiver of the same, unless acknowledgment and agreement in writing by you.
APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
Provided that the regulations in force for this purpose provide for the possibility for the parties to submit to a specific jurisdiction, for any litigation arising from or related to this Website, the Spanish legislation in force at the time of the litigation will apply, and we will submit to the Courts and Courts of Barcelona.