1.- Company identification details, Law of Information Society Services, US Code 2257
OWNER: PROMOCIONESWEB 2016 S.L. (hereinafter "THE COMPANY")
Tax identification number: B76694918
Address: C/ Bethencourt Alfonso 23 piso 7 - 38002 - Santa Cruz de Tenerife (Spain)
Registered in the Mercantile Registry of Tenerife, inscription 1, volume 3429, folio 155, page 56813.
Ph.: +34 922 875 971
Email: info@promocionesweb.net
2.- User agreement to General Terms & Conditions
Access and use of this website (“The Website”) is subject to these General Terms and Conditions of Access and Use (“Terms and Conditions”).
By accessing the Website and its contents, you become a “User”, which means you have read and entirely agreed to the Terms and Conditions. Please read these carefully. If you don't agree to these Terms and Conditions, please do not use the Website.
The COMPANY reserves the right to change, modify, add or remove all, or sections of, the Terms and Conditions at any time, without notice. As a result, please ensure you read and agree to the Terms and Conditions each time you access the site and its contents.
3.- Content and use of the website
You declare that you are 18 or older and have legal capacity to agree to the Terms and Conditions. You agree to use the Website diligently and in compliance with law.
Underage users are not allowed to enter the Website. Warning for parents: please enable your browser filters or appropriate adult content filter software to prevent your children from accessing sex and/or pornographic content: Cybersitter, Net Nanny, SurfControl. You can find more information on the website: http://www.navegacionsegura.es/
You need to have the latest versions of the following software installed to ensure full access to the content on the Website:
(a) To play videos: Windows Media Player.
(b) To view video chats: Adobe Flash plug-in.
4.- User responsibilities
You understand, and agree, that you access the Website and its Contents solely under your responsibility.
You agree to use the Website and its contents and services appropriately, in compliance with law and the Terms and Conditions, compensating the COMPANY for any loss or damage caused by the inappropriate use of the Website, or any use that is not in compliance with law or the Terms and Conditions.
In particular, including but not limited to, you will not:
- share any photography, pictures, videos, erotic tales or any other content that undermines other persons’ dignity, is discriminatory, xenophobic, racist, harmful, threatening, defamatory, threatens other users’ privacy, is harmful for children and underage (including but not limited to images or representations of child abuse, child pornography or content involving minors in implicit or explicit sexual behaviour) or is against public order and safety;
- Use the Website or its contents for unauthorised or fraudulent purposes;
Access or attempt to access restricted areas or resources of the Website unless you are authorised to do so;
Remove, alter, bypass or tamper with any firewall, protection or security systems that may have been installed on the Website;
- Introduce or spread into the network viruses or any other systems that may damage the software or hardware of the domain owner or any third parties;
Attempt access, use or alter the details of the domain owner, providers or other users;
- Remove, hide or manipulate notes on intellectual or industrial property rights or any content specifying the rights of the website owner or any third parties, as well as any technical or protection devices that may be included in the Content;
- Obtain, or try to obtain, Content by using means other than those provided by the website owner, or using other than the common means available in the Internet, which are safe for the Website.
5.- Failure by the User to comply with the terms and conditions and right of exclusion
Failure to comply any of the Terms and Conditions will incur in a breach and will entitle the COMPANY to deny or remove access to the Website and its contents to the User, without notice.
The COMPANY reserves the right to reject and remove all Content, whether photography, videos, erotic tales or any other content that is illicit or against third-party property or rights that may be subject to compensation. This applies in particular, without prejudice to the Terms and Conditions, to any content that undermines other persons’ dignity, is discriminatory, xenophobic, racist, harmful, threatening, defamatory, threatens other users’ privacy, is harmful for children and underage (including but not limited to images or representations of child abuse, child pornography or content involving minors in implicit or explicit sexual behaviour) or is against public order and safety, or that the COMPANY deems not to be appropriate for the Website.
In case the COMPANY receives content that potentially damages or puts at risk children and underage, this will be reported to the police or any relevant authorities, including any information or details relating to this Content.
The COMPANY is not liable for any content uploaded by Users via forums, chats or any other collaboration or interactive tools.
6.- General terms of guarantee exclusion and waivers
The COMPANY does not provide any guarantees, other than those indicated in the Terms and Conditions, over the Website or Content uploaded, unless otherwise stated – and to the extent required – by law.
The guarantee exemption and liability limitation mentioned above include, without limitation, any liability for:
- Inexact, inaccurate or corrupt content on the Website;
- Lack of availability or continuity of the Website or content, or content errors;
- Viruses or other elements within the Content that may alter your IT hardware or software or any electronic documents or files you store on your system;
- Any loss or damage that may be caused, directly or indirectly, by access, or lack of, to the Website or Content.
7.- Hyperlinks
Hyperlinks on the Website may lead the User to websites and web pages managed by third parties, over which the COMPANY has no management control or participation whatsoever.
The COMPANY is not liable for any content or links on the websites linked to from our websites, or any revision, modification or updates made to the above content or links. The COMPANY provides hyperlinks to third parties for your convenience. By including hyperlinks on our website, the COMPANY does not imply approval or recommendation of any content or information contained on linked websites or pages. The COMPANY is not responsible for the status, contents or services offered on third-party websites. Please note that our Terms and Conditions are not applicable when you navigate out of our Website. You should read the relevant terms and policies, including privacy and data collection policies, applicable to any third-party web content you access from our Website.
8.- Industrial and intellectual property
The Website and its Content, including, without limitation, distinctive signs, databases, images, photography, drawings, graphic artwork, text, audio or video files, or any software required for the proper functioning, access and use of the Website, as well as all existing intellectual and industrial property rights over these, granted by any registry office, is the property of the COMPANY or its content providers, in which case it has been duly licensed, and is therefore protected by the Spanish and international intellectual and industrial property regulation. The collection (i.e. gathering, designing, sequencing and editing) of content of the Website is the exclusive property of the COMPANY and is protected by applicable intellectual property regulation.
In particular:
- All software involved in the use or development of the Website is the property of the COMPANY or its software providers and is protected by intellectual property regulation;
- All distinctive signs, both names and graphic artwork, available on the Website are owned by the COMPANY or its providers and are duly protected without registration, registered or in process of registration;
- All texts, graphic artwork, videos or audio files are the property of the COMPANY or its content providers, and cannot be modified, copied, altered, reproduced, adapted or translated by the User or any third parties without prior consent by the COMPANY or the property owners
- By making Content available to Users the COMPANY does not grant, waive or vest any property rights, or exploitation rights to the User for any purpose other than the legitimate use of the Website within the purpose it was design for.
It is strictly prohibited to exploit all or part of the Website and its Content, without prior consent by the COMPANY, including exploitation, reproduction, broadcasting, transformation, distribution or sharing by any means, publishing, exhibition, public communication or representation. These are a breach of the intellectual property rights of the COMPANY or its providers, and are subject to fine in accordance with law.
9.- Independence and integration of these general terms and conditions. Waivers. Prevalence of general terms and conditions
Shall any clauses within these terms and conditions be deemed illicit, invalid or irrelevant, this shall not invalidate or affect the remainder of the terms and conditions, provided that it does not essentially affect the user or the COMPANY's rights and obligations. ‘Essential’ means any situation that seriously affects or injuries the interest of the user or the COMPANY. In this case, these terms and conditions shall be replaced or merged with other terms and conditions which are compliant with law and serve the purpose of the terms and conditions being replaced.
No waiver by the COMPANY to any of these terms and conditions shall be valid or binding unless made in written. This waiver shall be valid for the specific purpose described in written only, and shall not impact the COMPANY rights in any other area or at any other time.
In case of discrepancy between these terms and conditions and the terms of any other communication between the COMPANY and the user, whether by email, fax, certified or postal mail, these terms and conditions shall prevail.
10.- Applicable legislation and jurisdiction
Access and use of the site will be granted, managed and interpreted according to the Spanish law. Any controversy between the COMPANY and the User shall be resolved by the courts of Barcelona (Spain). The parties hereby irrevocably submit to the jurisdiction of the Courts of Barcelona, Spain.
11.- Payment
The following payment methods are available: credit card (Visa or MasterCard), telephone or text message.
12.- Content access via 803 numbers
The User may also access certain contents on the Website by calling premium rate numbers (803). The cost of the call will be clearly specified on the sales card (indirect tax included). The phone number will be provided by the operator to Promocionesweb 2016 S.L.
When you dial the phone number provided on screen, you will hear a pre-recorded voice message informing on the legal requirements and price of the call. This message lasts for 20 seconds and is charged at a local rate. The message will indicate the price of the service and will provide the following information: “The cost of the phone call on this page is exclusively for Users 18+ and is offered by Promocionesweb 2016 S.L.”.
Once the message ends, you will be automatically connected to the premium rate service that has been purchased. The User will need to stay on the phone line to keep access to the service. Please be aware that the maximum duration of the phone call is 30 minutes; after this time, the call will be automatically ended. You may end the call at any time, just by hanging up the phone.
This method guarantees that no dialler or other application that might alter your computer's configuration is installed, since connection is exclusively over the phone.
If you have any complaints about the services, please email us at soporte (at) promocionesweb (dot) com
13.- Credit card purchases
Payment by credit card is a service provided by Sistemas de Micropagos, S.L. through different and independent payment gateways:
1- CGBILLING (cgbilling.com), property of CommerceGate Ireland Ltd:
Address: World Trade Center.
Moll de Barcelona s/n
08039 Barcelona, España
Telephone: +34 931 761 050
Web: www.commercegate.com
Email: sales@commercegate.com
Customer care: https://www.cgbilling.com/secure/
Email: support@cgbilling.com
The concept shown in the credit card receipt will be:
"INV*promocionesweb.com".
2- Epoch (Epoch.com), property of Epoch.com, LLC.
Address: 2644 30th Street, Santa Monica, California, 90405, USA .
Toll free number: +1 800 893 8871
International number: +1 310 664 5810
Customer care: https://epoch.com/?locale=es
The concept shown in the credit card receipt will be:
"EPOCH.COM *INVERTREDS"
Payment is made online via credit card. For Epoch payments “Paypal” service is possible also. The price of this service varies depending of the number of minutes purchased.
Any personal details relating the purchase will be integrated on a file property of “Promocionesweb 2016 S.L.”. The file will be duly registered with the relevant Data Protection agency and Promocionesweb 2016 S.L. guarantees the confidentiality and protection of Users’ details. These details will be used only for the purposes of dealing with Users’ purchases.
As an exception to the above, and only for the purpose of linking Users’ payments to the services purchased, the aforementioned payment gateways will act as a third party managing data.
The User authorises and allows Promocionesweb 2016 S.L. to use the User’s email address for commercial and advertising purposes.
RETURNS AND CANCELLATION Policy: Each claim will be evaluated individually before making any return. By default, when the service has been consumed, no refund will be made. Subscriptions can be canceled at any time by contacting soporte@promocionesweb.com.
Returns, if approved, will always be made on the same card that started the purchase, never by check or cash. And they will be available within a maximum period of 10 working days from their approval
14.- Minute purchases with credit card
The User may purchase, through the payment service above, minutes of access to certain services offered by Promocionesweb 2016 S.L. on the Website, for the duration purchased. To complete the purchase, you must introduce the details you are requested. Please note that the approval of the transaction may take a few minutes.
Once the purchase is completed, you will automatically receive an e-mail with a password. You can then access the service purchased by entering your e-mail address and password. You don’t have to use up all the time you purchased at once. Any minutes left will be saved, so that you can access the site any time you like by clicking on the link (‘Do you have time left?’).
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16.- Credit card subscription
By this method, the user gets access for 30 days to a certain web page through a credit card payment. This subscription is automatically renewed after the 30 contracted days have passed in case the user does not cancel the renovation prior to that date through the service provider webpage.
Cancel Subscription. The subscription cancellation will not imply in any case the refund of the remaining unused time and previously paid.
17.- Trial purchases with credit card
This method allows you to purchase, at a reduced rate, a trial access to a specific website for 24 or 48 hours. After the trial expires, a 30-subscription will be automatically activated unless previously cancelled. However, to cancel the trial period entails the removal of page access rights.
18.- Content access via SMS
You may also access certain website content via mobile phone short text messages. Send a text message to the number on the website; a new text message with a code will be sent to your mobile shortly after. The user must introduce the code received to be able to download the file.
Time elapsed between the SMS request sent until the response message is received may vary depending on your phone network and is therefore beyond the control or responsibility of Promocionesweb 2016 S.L..
You don’t need to use the code immediately upon reception. You can save it and use it in later downloads.
The code allows only one file to be downloaded. In case you want to download more files, you need to send several text messages and use one code per file requested.
For video chat access by text message, each text message will give you the right to access private video chat area for a specific time. Minutes purchased by each text messages can be built up. Time is specified on the purchase card.
The price of each SMS (to cover for sending and management costs) is clearly specified on the purchase card. Sending said text messages is not, under any circumstances, a consideration or price for the video/file downloaded. It is the price of the download itself and the cost of the data transfer.
Details of the operator owning the phone service: Desarrollo Técnicas de Información y Comunicación, S.L. CIF B 64705882, Av. Via Augusta 15-25, 08174 Sant Cugat del Valles (Barcelona)
19.- Minute purchase by text message
You will have 4 minutes of access to a video chat by sending a Premium SMS. This service costs €7.26 (VAT included). You may send more than one text message. The time credit will be added to your account.
20.- Subscription to Mobile portal
The service is provided by Promocionesweb 2016 S.L. For more information call our customer care service on +34 902 091 436.This service is available only for Movistar, Vodafone and Yoigo users. Wap Billing service is a subscription by which you authorise Promocionesweb 2016 S.L. to charge the cost of the service on your phone bill, at the prices indicated on the Website. Therefore, you accept the price and acknowledge your obligation to pay in consideration for the services.
The charge will appear on your phone statement as Promocionesweb 2016 S.L. for Movistar users and as IPX for Vodafone users. Subscriptions will be automatically renewed on expiration by the same period and rate as initially purchased, provided that you notify Promocionesweb 2016 S.L. that you don’t wish to renew your subscription ahead of expiration or subsequent renewals.
To cancel any subscription renewals, click on the link DARSE DE BAJA and enter your phone number and password. Your subscription will be automatically cancelled.
Services will be billed and debited by your mobile phone operator. For pay-as-you-go users, the service will be deducted from your available credit.
21.- Subscription to web portal by mobile
This service can be activated by texting ALTA to the short number provided at the time of request or by filling in a web form (web pin).
For web pin activation, you need to enter your mobile number on the website and accept the service terms and conditions. You will receive a text message with an access code, which you will need to enter on the website to complete your subscription. You will receive confirmation and welcome text message. The message will also remind you of the relevant terms and conditions, which you have previously accepted: nature of the service, cost and frequency of the messages, how to cancel the service and contact details for the company providing the text service.
You will then receive on your mobile a series of periodic text messages, which is your credit to download content and services on your computer or mobile phone at a discounted price. The final cost of each subscription text message and the frequency of messages will be clearly indicated on the advert or the web pin from which you are subscribing.
The service will remain active until you cancel it. How to cancel the service:
* For activations on 997677, text BAJA to the same short number on which you activated the service (by texting ALTA), or the same text message from which you are receiving your subscription details. e.g.: Text BAJA to 997677.
* For activations on 995858, text BAJA to the same short number on wich ypu activated the service (by texting ALTA), or the same text message from which you are receiving your subscription details. e.g.: Text BAJA to 995858.
According to paragraph 102 of Royal Decree 1/2007 of 16 November, approving the re-drafted text of the General Law in Defence of Consumers and Users, and additional legislation, the right o withdrawal is excluded.