1.- IDENTIFICATION AND CONTACT INFORMATION
Terra Mítica Parque Temático de Benidorm S.A, a Spanish incorporated company duly registered with the Commercial Registry of Alicante under Volume 3470, Book 0, Folio 101, Sheet A-122360 and bearer of TIN No. A-53249421, whose address is in Benidorm, Benidorm to Finestrat Highway, Camino del Moralet, Unnumbered, 03502, Benidorm-Alicante (Spain), is the owner of www.terramiticapark.com. In the event that the User wishes to get in touch with TERRA MÍTICA, he/she may do so via our Call Center at 96.500.43.00 or via Fax at 965.00.47.49 or via email at email@example.com.
2.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE
These General Terms and Conditions for Access and Use (hereinafter the “General Terms and Conditions”) govern access to, and use of, this Website, which belongs to OCIO Y PARQUES TEMÁTICOS, S.L.U. (hereinafter “TERRA MÍTICA”). This website may be accessed via www.terramiticapark.com (hereinafter the “Website”) and its use by the user (hereinafter the “User”) is free and requires no prior subscription or registration for viewing. Nevertheless, to contract certain services or products, the User may need to register with the Website as described below and he/she may have to accept certain Specific Terms and Conditions to add to and complement these General Terms and Conditions. TERRA MÍTICA may modify these General Terms and Conditions at any time and without prior notice, as well as any General Terms and Conditions for Contracting and/or any Specific Terms and Conditions that, if applicable, are included. This may be done by publishing said modifications on the Website so that Users can familiarize themselves therewith — doing so before visiting the Website or acquiring any goods offered thereon. It is hereby expressly noted that the mere access and use of this Website implies that the user is a Website User, as well as implying full, unreserved acceptance by the User of all the contents of the General Terms and Conditions and, if applicable, of the Specific Terms and Conditions in their version as published on the Website at the time of access. As a result, the User (at the User’s sole liability) must carefully read all the terms and conditions each time that he/she decides to access the Website. Specific Terms and Conditions are applicable to certain products, services, and contents offered to Users via the Website. The access and/or use of these products, services, and contents are subject to said Specific Terms and Conditions and, depending on the case, said Specific Terms and Conditions are to substitute, complement, and/or modify the General Terms and Conditions. If the user does not agree with these General Terms and Conditions and the Specific Terms and Conditions, he/she must not access the Website nor undertake transactions via the Website. Access to, and use of, this Website by minors must always be supervised and managed by the User (Legal Representative of the Minor), who expressly states that use of the Website by minors is under his/her sole liability.
2.1 USER RESPONSIBILITIES
In general, the User must comply with these General Terms and Conditions for Access and Use and, if applicable, any Specific Terms and Conditions that may be applied. The User must also act according to law, common decency, and in good faith, abstaining from using the Website in any way that may impede, damage, or harm the normal functioning thereof and/or the goods or rights belonging to TERRA MÍTICA, its providers, and/or the rest of the Users or any other third party. More specifically, while using the Website the User must:
a) Not use false identities, nor impersonate others, while using the Site or any of the services available on the Site, including the use of passwords or access codes belonging to third parties (if applicable) or any related impersonation; the User must provide accurate data and keep said data up to date.
b) Properly store his/her “Username” and “Password” provided by TERRA MÍTICA to Users, as well as other identifiers and elements needed to access the different services offered by the Site. The user agrees not to transfer usage thereof nor to permit access thereto to third parties, assuming liability for any losses and/or damages that may arise due to the misuse of said “Username” and “Password.” Likewise, the User agrees to notify TERRA MÍTICA as quickly as possibly if his/her “Username” and/or “Password” has been lost or stolen, as well as notifying of any other risks associated therewith in terms of access.
c) Not add, store, or disseminate –via the Website– any type of computer program, data, virus, code, hardware or telecommunications equipment, or any other computerized or physical instrument or device that may cause damages to the Website, its Services, or the machines, systems, or networks belonging to TERRA MÍTICA, any User, TERRA MÍTICA’s Providers, or any other third Party. This is likewise true for anything that may, in any other way, cause any type of alteration or prevent normal functioning of the aforementioned Website, Services, and/or machines, systems, and networks.
d) Not destroy, change, use for personal purposes, disable, or damage any data, information, programs, or electronic documents belonging to TERRA MÍTICA, its providers, or third parties.
e) Not add, store, or disseminate –on or via the Website– any type of information or materials that are defamatory, libelous, obscene, menacing, xenophobic, can cause violence or discrimination based on race, sex, ideology, religion, or which may, in any other way, go against morality, public order, fundamental rights, public liberties, honor, privacy, and/or the image of third parties and –in general– that may go against current law.
f) Not add, store, or disseminate –on or via the Website– any content that infringes intellectual property rights, industrial property rights, or business confidentiality belonging to third parties. Generally speaking, the User may not add, store, or disseminate any content that he/she does not have the right to make available to others in accordance with law.
2.2 EXCLUSION OF LIABILITY
TERRA MÍTICA has created this Website with information from internal and external sources and offers the Site in its current state to Users. There may be inaccuracies or errors on the Site. TERRA MÍTICA does not guarantee the availability and continuity of the Website’s functionalities, nor that of the products, services, and/or contents offered on the Website, nor does TERRA MÍTICA guarantee that the content on the Website is free of errors or up to date. Therefore, TERRA MÍTICA is excluded from any liability for losses and/or damages of any type that may arise in relationship with the aforementioned circumstances. TERRA MÍTICA will undertake any actions necessary to rectify errors, restore communications in the event of disconnection, and/or update content, provided it is not impossible or difficult to do so due to the circumstances at hand. Likewise, TERRA MÍTICA does not guarantee the technical reliability of the Website, nor does it guarantee access to the Site’s different pages, nor the reliability of the content provided by third parties via the Website. Thus, TERRA MÍTICA is likewise excluded from any liability for losses and/or damages of any type that may arise in relationship with a lack of certainty, truthfulness, availability, continuity, legality, updating, and/or in relationship with the nature thereof.
TERRA MÍTICA hereby states and guarantees that its Website has the proper technology (hardware and software) that is necessary as of today’s date for access and/or use thereof. Nevertheless, TERRA MÍTICA does not guarantee against the possible existence of a virus or other harmful technological element on its Website which may cause the User’s computer system to be affected. These harmful elements or viruses may be introduced by any means by third parties. Likewise, TERRA MÍTICA states that this Website has proper security systems in place in accordance with the current state of technology.
Additionally, TERRA MÍTICA is not be held liable for any possible security errors or deficiencies that may arise due to the User’s use of a browser that is not up to date or insecure, as well as due to the User’s activation of devices that store passwords or identifying codes in the User’s browser. Also, TERRA MÍTICA is not to be held liable for damages, errors, or inaccuracies that may arise due to the improper functioning of the aforementioned.
The User will be held liable for any losses and/or damages of any nature that TERRA MÍTICA may incur as a direct or indirect result of the User’s failure to comply with the General Terms and Conditions and, specifically, with the Specific Terms and Conditions.
If any User feels as though the content of TERRA MÍTICA’s Website is illegal or harmful to the goods or rights belonging to Users or third parties, he/she may inform TERRA MÍTICA to that end by sending an email to firstname.lastname@example.org.
2.3 INTELLECTUAL AND INDUSTRIAL PROPERTY
The structure, design, and layout of the Website’s elements (including but not limited to graphics, images, audio files, general files, logotypes, color combinations, databases, and any other protected element) are protected by intellectual property rights belonging to TERRA MÍTICA.
The User is prohibited from reproducing, transforming, distributing, publicly displaying and, in general, the user is likewise prohibited from any other way of exploiting the elements referred to in the previous section in full or in part. Said exploitation may only be undertaken with the express permission of TERRA MÍTICA and, under all circumstances, explicit reference should be made to the ownership of said intellectual property rights by TERRA MÍTICA.
Likewise, the use of distinctive signs (trademarks and/or trade names) is strictly prohibited if their industrial property rights belong to TERRA MÍTICA, its partners, and/or its sponsors. The user is only authorized to make private use of documents drafted and made available by TERRA MÍTICA — whether these be free of charge or for a fee.
2.4 LINKS TO OTHER WEBSITES
This Website may make links available to Users in the form of hypertext, banners, buttons, directories, and other search tools that allow the User to access websites that are different from www.terramiticapark.com. These links are solely meant to provide Users with access to information that is offered by third parties, and they do not imply that TERRA MÍTICA promotes, endorses, guarantees, or recommends said websites. The links included on TERRA MÍTICA’s Website are only offered for informational purposes and no assessment has been made regarding their content, ownership, services, or products.
Users must be cautious when assessing and using said links, as TERRA MÍTICA is to be excluded from all liability stemming from any information, data, files, products, services, and/or any other types of materials existing on the pages accessed thereby.
Likewise, unless otherwise expressly authorized by TERRA MÍTICA, links to “end pages,” “frames”, and any other similar type of link are not permitted. Links should always be to our homepage, www.terramiticapark.com.
BETWEEN THE USER AND TERRA MÍTICA. For the purposes of these General Terms and Conditions and for any correspondence necessary between TERRA MÍTICA and the User, said parties should use the email address email@example.com, or communication can be in writing to Customer Service Department, Benidorm to Finestrat Highway, Camino del Moralet, Unnumbered, 03502, Benidorm-Alicante (Spain).
Correspondence from TERRA MÍTICA to the User will be sent in accordance with the data provided by the User when he/she registered with the website.
The User hereby expressly accepts the use of email as a valid means for sending correspondence for all matters related with the Website and/or the contracting of products and/or services offered thereon
2.6 COMMERCIAL CORRESPONDENCE VIA EMAIL
TERRA MÍTICA may inform Users about its products, services, promotions, and special offers via the email address provided by the Users.
In accordance with the provisions of Law 34/2002, dated July 11, on Information Society Services and Electronic Commerce (LSSICE), the User’s authorization will be requested to use his/her email address for commercial purposes.
The user may revoke consent for these messages at any time by emailing firstname.lastname@example.org and clearly providing his/her ID number and first name and surnames.
2.7 INVALIDITY AND UNENFORCEABILITY OF CLAUSES
If any of the clauses of these General Terms and Conditions is decided to be fully or partially invalid and/or unenforceable, that extreme will only affect said provision or the part thereof that is deemed invalid and/or unenforceable, with the rest of the General Terms and Conditions remaining in force, and said affected provision (or part thereof) will be considered to never have been set forth herein — unless it affects the rest of these General Terms and Conditions in a significant way because it is an essential part thereof.
2.8 APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions for Access and Use and, if applicable, any Specific Terms and Conditions, will be guided by Spanish law, which will be of application for matters not provided for herein in terms of interpretation, validity, and execution. The parties hereby expressly waive any other jurisdiction that could be applicable thereto and they expressly agree to turn to the Courts of Alicante for any matters that may arise in relationship with the interpretation or execution of these General and Specific Terms and Conditions.