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3. CONDITIONS OF ACCESS AND UTILIZATION OF THE PORTAL
3.1. Free character of the access and utilization of the Portal
The access and/or utilization of the Portal by the users has a free character, what is understood without damage of the paid character on behalf of the services and, in any case, of the acquisition and/or utilization of the goods or contents that are supplied by the BUSINESS or by third parties through the Portal, in the terms that are determined in the corresponding Particular Conditions.
3.2 User Registry
With general character, the access or the navigation through the Portal does not require the subscription or registration of the Users. Nevertheless, the BUSINESS can condition the provision on behalf of its services, the access to determined contents and/or the acquisition of the goods that are offered through the same, to the fulfillment of the corresponding User registration.
Therefore, to access and use the area of restricted access, the Users should be registered with prior character filling a form ("Form of Access") that, to such effect, exists in the Portal. In such sense, Violet-Lounge reserves the right to accept or to freely reject the request of registration or access of any User.
Besides, the BUSINESS can put at the disposal of the Users some Services of which its utilization requires, even, the filling in of additional forms. In these assumptions, the cited registration will be performed in the form explicitly indicated in the service itself or in the Particular Conditions that regulate it.
In such sense, the User will designate a keyword of access/name and of user/password, that will be obtained following the process stipulated in the Portal. The user will not facilitate the use of his or her keyword of access/name or of user/password to third parties, being of his/her exclusive responsibility, both to guard or to properly update such keywords, and to permit the access of third parties to the same. For greater security, Violet-Lounge. com recommends the User:
• Avoid placing conventional words, that can exist in a dictionary. Neither choose conventional words written reversedly, proper nouns, nicknames or words in foreign language;
• Do not use phone numbers, addresses, years or complete dates of birth.
• Utilize keywords with the greatest length possible that permit the conditions of use of the Portal.
• Intersperse, if the system permits it, uppercase with lower-case letters, characters and signs.
• Passwords that are utilized with other ends should not be selected.
• Conserve the security keywords in areas of restricted access (drawers locked with key, safe deposit boxes, etc).
Violet-Lounge.com does not hold responsibility, in no case or any way, of the damages and harms or benefits or opportunities that are failed to obtain by the User, that have occured as a result of the loss, subtraction or, even, accesses by third parties (authorized or not), of the key of access/name or of user/password of the User.
Violet-Lounge.com reserves itself the right to unilaterally and, at any moment, modify the system or the forms of access of the users to the Portal.
3.3. Veracity of the information
The data introduced by the Users in the Form of Access must be, in every moment, exact, current and truthful, and they will be processed by the BUSINESS according to the protective regulation of personal data that results of application. To these effects, the User guarantees the authenticity of all those data that he/she communicates as a result of the filling in of the necessary forms to access or subscribe to the Services. Likewise, it will be the User's responsibility to maintain all the information facilitated to the BUSINESS permanently updated so that it corresponds, in each moment, to the real situation of the User.
The User will be the only responsible of the false or inexact manifestations that he/she carries out and of the damages that these cause to the BUSINESS or to third parties by the information that he/she facilitates.
3.4. Minors
To make use of the Services, the under age should previously obtain permission of his/her parents, tutors or legal representatives, who will be considered responsible for all the acts carried out by the minors at their charge.
The full responsibility in the decision of the contents and/or Services to which the under-aged access corresponds to the grown-ups at whose charge they are found. As Internet makes possible the access to contents or services that cannot be appropriate for or, can be even legally imprudent for the minors, Users are informed that mechanisms exist, particularly filter and blockade programs, that permit to limit the available contents and, although they are not infallible, they are of special utility to control and to restrict the contents or services to which the minors could access through the Network.
3.5. Obligation to do a correct use of the Portal and of the Services
The User compromises to utilize the Portal and the Services according to the law, the present Legal Notice, the Particular Conditions of certain Services and other notices, regulations of use and instructions positions in its knowledge, as well as according to the morale and the good uses generally accepted, and the law and order. In case of breach by the User of such commitment, Violet-Lounge.com reserves itself the right to exclude the User, to prohibit him/her or to deny him the access to the Portal.
To such effect, the User will abstain from using any of the Services with illicit ends or effects, prohibited in the present Legal Notice, harmful of the rights and interests of Violet-Lounge or of third parties. It will neither be able to damage, to render useless, overload, deteriorate or to impede the normal utilization of the Services, the data processing (computer) equipments or the documents, files and all types of contents stored in any data processing team (hacking) of the BUSINESS, of other users of the Portal or, in general, of any Internet user (hardware and software).
Particularly, and at a merely indicative and not exhaustive title, the User compromises to not transmit, diffuse or to put at the disposal of third parties information, data, contents, messages, graphic, drawings, files of sound and/or image, photographs, recordings, software and, in general, any class of material that:
(a) in any shape or form is opponent, underestimates or ties against the fundamental rights and the public liberties recognized constitutionally, in the international Treaties and in the remainder of the applicable legislation, particularly, with respect to minors and the disabled people;
(b) induces, incites or promotes violent, shameful, defamatory, smear, criminal, illicit actions or, in general, contrary to the law, the morale and the good use generally accepted or to law and order;
(c) induces, incites or promotes actions, attitudes or discriminatory thoughts by reason of sex, race, religion, beliefs, age or condition;
(d) incorporates, puts available or permits to agree to products, elements, messages and/or degrading, harmful, offensive, violent, criminal, illegal services or, in general, contrary to the law, to the morale and to the good customs generally accepted or to law and order;
(e) induces or can induce to an unacceptable state of anxiety or fear;
(f) induces or incites to be involved in dangerous practices, of risk or harmful for the health and the physical or psychic equilibrium of the people;
(g) is false, ambiguous, inexact, exaggerated or extemporaneous, so that it induces or can induce to error on its object or on the intentions or purposes of the communicant;
(h) is found protected by any intellectual or industrial rights of property by third parties, without the User having obtained previously the necessary authorization to carry out the use that it performs or intends to perform of his holders;
(i) violates the business secrets of third parties;
(j) is opponent to the right to honor, the family and personal intimacy or to the own image of the people;
(k) at any rate lessens the credit of the business or of third parties;
(l) infringes the regulation on the secret of communications;
(m) constitutes, in its case, illicit, deceitful or disloyal publicity and, in general, that constitutes unfair competition;
(n) incorporates virus or other physical or electronic elements that can damage or impede the normal operation of the network, of the system or of data processing teams (hardware and software) of the business or of third parties, or that can damage the electronic documents and files stored in the mentioned data processing equipments;
(o) causes because of its characteristics (such as format, extension, etc.) difficulties in the normal operation of the Services or the access to the Portal or its contents;
(p) contains HTML labels different from those explicitly authorized by the business.
3.6. Obligation to do a correct use of the Contents
According to what is arranged in clause 3.5, the User compromises to utilize the contents puts at the disposal of the Users in the Portal - understanding under these, without this enumeration being of restrictive character, the texts, photographs, graphics, images, icons, technology, software, links and others contained audiovisual or sound materials, as well as its graphic design and source codes (henceforth, the "Contents") - , according to the law, the present Legal Notice, the Particular Conditions of certain Services and further notices, rules of use and instructions put to the User's knowledge, as well as with the morale and good customs generally accepted and the law and order, and, particularly, compromises to abstain from:
(a) to reproduce, to copy, to distribute, to put at disposal or in any other form publically communicate, to transform or modify the Contents, unless having the authorization of the holder of the corresponding rights or unless it results legally permitted;
(B) to suppress, manipulate, or in any shape or form alter the "copyright" and other data that identify the reserve of rights of the business or its holders, of the digital prints or of any other technical means established for its recognition.
(C) to exercise or to abuse the exercise of the rights of exploitation associated to such contents, unless explicitly authorized by its legitimate holder, and, in its case, to do it in the conditions explicitly negotiated in relation to this subject.
3.7. Use of the Services offered in the Portal according to the Anti-Spamming Policy of the BUSINESS
The User is obliged to abstained from:
(i) to obtain data with advertising purposes and to send publicity of any class and communications with intention of sale or other of commercial nature, without the request or consent of the interested previously mediating;
(ii) to send any other unsolicited messages or not previously consented to a plurality of people;
(iii) to send chains of electronic messages that are neither requested nor previously consented;
(iv) to utilize lists of distribution that could be accessed through the Services for the execution of the activities indicated in the previous sections (i) to (iii);
(v) to put at the disposal of third parties, with any purpose, data obtained from lists of distribution.
The Users or third parties damaged by the reception of unsolicited messages directed at a plurality of people will be able to communicate it to the BUSINESS by sending a message to the following e-mail address:
This email address is being protected from spam bots, you need Javascript enabled to view it
, who, though not assuming any type of responsibility to that end, could adopt, nevertheless, to denounce such situation to the competent authorities, through the means and legally arranged procedures.
3.8. Introduction of hyperlinks that permit the access to the web pages of the Portal and to the Services
The Users and, in general, those people who propose to establish a hyperlink between their web page and the Portal (henceforth, the "Hyperlink") should fulfil the following conditions:
(a) The Hyperlink will only permit the access to the home-page or start page of the Portal, but must not reproduce these in any form;
(b) no frame based on the Portal's web pages will be created;
(c) no false, inexact or incorrect manifestations about the business, their executives, their employees, the web pages of the Portals and the contents or Services supplied will be carried out;
(d) no declarations will be given neither will it be given to understand that the business has authorized the Hyperlink or that it has supervised or assumed in any shape or form the services offered or positions at the disposal of the web page in which the Hyperlink is established;
(e) exception made of those signs that form part of the same Hyperlink, the web page in which the Hyperlink is established will not contain any mark, commercial name, sign of establishment, denomination, logo, slogan or other distinctive signs belonging to the BUSINESS; and;
(f) the web page in which the Hyperlink is established will not contain informations or illicit contents, contrary to the morals and the good customs generally accepted and the law and order, as well as will it neither contain contents with negative attempts directed at any rights of the BUSINESS or of third parties.
The establishment of the Hyperlink in no case implies the existence of relations between the BUSINESS and the holder of the web page in which it is established, neither the acceptance and approval on the part of the BUSINESS of its contents or services.
In any case, the BUSINESS will be able, at any moment, to urge the people who have established a hyperlink between its website and the Portal, to eliminate it, with reserve of as many legal and/or judicial actions that could correspond him to undertake.
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