Terms and conditions

The terms and conditions that follow regulate the access and use of this website, operated by ESTUDIOS MEGA, S.L. (from now on MEGA Sistemas), with VAT number B-36964542, located at Rúa Santa Marta, Nº 5 , 36202 , Vigo and registered in the Mercantile Registry of Pontevedra on 13th December 2005, in volume 3151, sheet 217, page 39063, book 3151, section 8, 1st inscription; telephone number +34 986 233194, fax number +34 986 231553 and e-mail address megasistemas@megasistemas.es. Any notifications shall be addressed to the above indicated contact details.

The expression “site or web page” includes the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, as well as other elements included in it and, in general, all the creations in any support, tangible or intangible, regardless of whether or not they are susceptible to intellectual property in accordance with the Revised Text of the Intellectual Property Law. Likewise, all the microsites that can be accessed from this website shall also be understood to be included in this website, unless said microsite expressly includes its own conditions and terms.

Users and visitors acquire a series of rights and obligations, in order to guarantee the appropriate use of the services and contents, both general and particular, that MEGA Sistemas provides through this website.

Users will be aware of and accept that the use of any of the contents of this website is under their exclusive responsibility.

Access to this website implies the condition of user. All the services and contents included in this website are exclusively intended for particular purposes by users, and/or they are born from the legal relationship that the user may have with MEGA Sistemas. Any other use aimed at direct or indirect profit is excluded.

By accessing, using or viewing the content and services included on this website, users agree to be bound by these Terms and Conditions (including the particular regulations of some services). In the event that these Terms and Conditions are modified, in whole or in part, shall be deemed accepted in an identical manner to the one set forth. Users are therefore advised to access these terms and conditions – as well as the particular conditions of the services utilized – either periodically or each time you access the website or intend to use any of the services contained in it.

In the event that the user does not accept these Terms and Conditions or, the particular conditions that regulate the use of a certain service and/or content intended for the users of the website and that such entity determines, the user must abstain from accessing the website or, if applicable, leave it.

If you disagree with any part of these Terms and Conditions, or the particular terms that regulate any of the services included in it, then you may not access the Service. It is the responsibility of users to implement appropriate security measures to protect their information systems, files and computer equipment when accessing the Internet, and therefore this website, being aware that the Internet is not entirely secure.

Purpose of these website

The contents and services of this website are made available to users by MEGA Sistemas or by third parties (suppliers or collaborators), under the terms and conditions determined by them in each case.

The services and contents offered through this website will be available in Spanish, which does not exclude the possibility or the right, but does not imply the obligation, that MEGA Sistemas offers them in any other language.

MEGA Sistemas shall be entitled to modify unilaterally and without previous notice the configuration, content and services of this website, as well as the Terms and Conditions that regulate them. In the event of modifications, MEGA Sistemas will inform users through the mentioned Terms and Conditions, of any other particular conditions, as well as through other sections of the website.

 

Telephone or other costs incurred by users to access the website shall be borne exclusively by the user.

Rights and obligations of the user

 

Users may:

  • Access free of charge and without the need for prior authorization to the content and services included in the website, without prejudice to the technical and particular conditions or the need for prior registration for specific services and content as determined in these Terms and Conditions or in the particular conditions of such services.
  • Use the services and content available for their own private use only.
  • Make correct and lawful use of the site, in accordance with the legislation in force, morality, good customs and public order.

 

Under no circumstances may users:

  • Access or use the services and contents of the site for the commission of illicit actions or actions that are contrary to the legislation in force, morality, good customs and public order, with purposes that are harmful to the rights and freedoms of third parties, or that may harm, damage or prevent access to them in any way, to the detriment of MEGA Sistemas or third parties.
  • Use the services, totally or partially, to promote, sell, contract, disseminate this or third-party information without previous written authorization of MEGA Sistemas.
  • Disseminate content, comments or propaganda of a racist, xenophobic or pornographic nature, that advocates terrorism, that attempts against youth or childhood or against human rights. For this purpose, information shall be understood to include, but not be limited to: texts, graphics, images, videos, sounds, drawings, photographs, data, notes, etc.
  • Include any type of link in their website that connects to MEGA Sistemas website, unless authorized by MEGA Sistemas.
  • Use the services and content offered in the Website in a in a manner contrary to the terms and conditions of use and the privacy policy and the particular conditions that regulate the use of a certain service and/or content.
  • Carry out any action that prevents or hinders the access by the users, as well as to the hyperlinks or to the services and contents offered by MEGA Sistemas or other third parties through this website.
  • Cause damage to the physical and logical systems of MEGA Sistemas or its suppliers or third parties or manipulate these systems or introduce or spread computer viruses, code, software or any other physical or logical systems that are capable of causing the aforementioned damage.
  • Eliminate or modify in any way the protection or identification devices and symbols owned by MEGA Sistemas or by third parties, as they are part of the industrial or intellectual property included in this website.
  • Include in websites of your responsibility or property “metatags” corresponding to brands, commercial names or distinctive signs property of MEGA Sistemas.
  • Reproduce totally or partially the present website; you may not frame the present website or the websites accessible through it that hide or modify contents, advertising spaces and brands of MEGA Sistemas or third parties, regardless of whether they imply acts of unfair competition or confusion.
  • Create frames within a website of your responsibility or property that reproduce the main page and/or the pages accessible through the present website, without the previous authorization of MEGA Sistemas.
  • Include in a website under your responsibility or property a hyperlink that generates a window or session of the navigation software used by a user of your website, which includes brands, trade names or distinctive signs of your property and through which the main page or accessible pages of this website are shown.
  • Using the brand, commercial names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the prior and written authorization of its owner.
  • Carry out any action that implies the reproduction, distribution, copy, rent, public communication, transformation or any other similar action that implies the modification or alteration, of all or part of the contents and services of the site or the economic exploitation of them, without the prior and written authorization by MEGA Sistemas or by the third party who owns the intellectual and industrial property rights over such services or contents, except for what is established in the current Terms and Conditions, if applicable, or particular conditions that regulate the use of a service and/or existing content in the website

Rights and obligations of MEGA Sistemas

 

MEGA Sistemas reserves the following rights:

  • Modify the Terms and Conditions of this site, technically or otherwise, unilaterally and without prior notice to users, without prejudice to the provisions of the special conditions governing the use of a particular service and/or content intended for users of the website.
  • Establish particular terms and, where appropriate, require payment or other conditions in order to be able to access to certain services and/or content.
  • Limit, exclude or condition the access of users when they do not comply with the obligations and prohibitions assumed by accepting these Terms and Conditions
  • Terminate the provision of a service or content to users, without the right to compensation, when used incorrectly or contrary to the current Terms and Conditions.
  • Modify, delete or update, totally or partially, the content or services offered through this website, without prior notice and without this being an obstacle to the application of the particular conditions that regulate the use of certain services and/or content.
  • Undertake any legal or judicial action necessary for the protection of the rights of MEGA Sistemas and of third parties that provide their services or contents through this site.
  • Claim any compensation for the unappropriated or illegal use, in whole or in part, of the services and contents provided through this website.

Use of Cookies

 

MEGA Sistemas may use cookies when a user visits our website. Such cookies will be used by MEGA Sistemas under the current Terms and Conditions, and in compliance with Data Protection Policy included in them.

Disclaimer and Limitation of Liability

 

MEGA Sistemas is exempt from claims or damages in the following cases:

  • Users’ impossibility to connect to the internet in order to access this website, regardless of the type of connection used by the user.
  • For the interruption, suspension or cancellation of the access to the website, as well as for the availability and continuity of the website operation or the continuity of the services and/or contents in it included, when this is due to (i) service interruption for website maintenance purposes, (ii) or to a cause beyond the control of MEGA Sistemas, whether the cause originates directly or indirectly in MEGA Sistemas.
  • MEGA Sistemas does not assume any responsibility regarding the services and contents offered by third parties or information society services providers linked to this webiste, nor for their availability, terms and conditions. Information society services providers are defined as natural or legal persons providing the following services to the public (i) transmission over a communication network of data provided by the receiver of the service (ii) services providing access to such a network (iii) data storage or hosting services (iv) provision of content or information (v) temporary copy service of data requested by users (vi) provision of links to content or search tools.
  • MEGA Sistemas will not assume responsibility for the damages that could be caused by the information, contents, products and services, although not necessarily limited to these, provided, communicated, hosted, transmitted, exhibited or offered by third parties not related to MEGA Sistemas -including information society services providers- through a web site that may be linked to this website.
  • Personal data use and managament by third parties, not related to MEGA Sistemas.
  • Quality, speed or technical requirements to connect to the internet, which are the users’ reponsability alone, in order to access this website and the services and/or content in it provided.
  • MEGA Sistemas, will not be responsible for the delays or failures that could be produced when accessing and/or operating the services and/or contents of the website, due to a Force Majeure. “Force majeure” is understood as causes that could not be foreseen, unavoidable, and whose result in the non-fulfilment of any of MEGA Sistemas’ obligations. These include, but are not limited to, strikes, riots, insurrections or revolts, as well as regulations issued by any civil or military authority, natural disasters such as earthquakes, floods, lightning or fires, wars, lockouts or any other situation of force majeure.
  • The user of the site will respond personally for the damages of any nature caused to MEGA Sistemas directly or indirectly, for the breach of any of the obligations derived from these Terms and Conditions or other rules that govern the use of the site.

Intellectual and industrial property

The user is aware that the contents and services offered through the site – including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all comments, exhibitions and computer code, without this list being limiting in nature – are protected by intellectual and industrial property laws. The copyright and economic exploitation of this site belongs to MEGA Sistemas and/or third parties.

The trademarks, trade names or logos used on the website are the property of MEGA Sistemas and/or third parties and are protected by current industrial property laws.

The provision of the services and publication of the contents through the site will not imply in any case the cession, resignation or transmission, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights by MEGA Sistemas and/or its legitimate third parties.

Under no circumstances, the user will be able to use the services and contents of the site that are not exclusively personal, except for the exceptions determined in the present Terms and Conditions of use of this site or in the particular conditions that MEGA Sistemas has established to regulate the use of a certain service and/or content offered through the website.

No part of this website may be reproduced, distributed, transmitted, copied, advertised, transformed, in whole or in part by any manual, electronic or mechanical system or method (including photocopying, recording or any information storage and retrieval system) through any means, present or future, without the consent of MEGA Sistemas. The use, under any modality, of all or part of the content of the site is subject to prior authorization by MEGA Sistemas and/or third parties and the acceptance of the corresponding license when applicable. Only the rights granted to the user through the current Terms and Conditions, or through the particular conditions that MEGA Sistemas establishes to regulate the use of a certain service and/or content offered through this website, are excluded from previous authorization.

 

Users acknowledge and agree that they can be legally sued by MEGA Sistemas, if when using this website they commit any negligent act that causes MEGA Sistemas any damage, loss, obligation, expense of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or procedure, either civil, criminal or administrative. In this case, MEGA Sistemas will have the right to claim any economic compensation, including – but not limited to – moral and image damages, emergent damages and loss of profit, advertising expenses or any other kind that could give rise to its reparation, the amounts of the sanctions or condemnatory sentences, delay interests, legal costs, , without prejudice to the exercise of any other action that in law corresponds to it.

Contents published by the user

The user agrees not to introduce, store or disseminate through this website any content that infringes intellectual or industrial property rights, or in general any content that does not belong or over which the user has no rights by law.

Given the diversity of the material that can be hosted on the website, it is impossible to verify the originality or absence of rights of third parties on the content provided by users. For this reason, MEGA Sistemas will only check that these contents are not contrary to this Terms and Conditions.

When users incorporate content to this website, they may limit the terms and conditions they allow to other users, by the means displayed in the corresponding screen, and that allow management from the users’ profile on the website. Thus, the user may decide, for example, to allow or prohibit the reproduction or modification of content.

Nevertheless, MEGA Sistemas will be able to modify the contents, in order to adapt them format of the website.

MEGA Sistemas will not be responsible for the dispositions that users choose regarding the contents they include in this website, that may be fully managed by users. MEGA Sistemas will not contril either whether these contents infringe or not the rights mentioned in the current Terms and Conditions.

 

Without prejudice to what is contemplated in these Terms and Conditions, when the publication of contents by users happens as a result of their participation in a contest or promotion, or if applicable, as a result of particular web service, the legal conditions established in the regulatory bases of the contest or promotion and/or specific policies of the web service will have priority of application, being these conditions complementary to the previous ones.

Hyperlinks

The use of hyperlinks in this website is subject to prior and written authorization by MEGA Sistemas, and must be compliant with the following terms:

The link must only allow access to the home page of this website.

 

  • In order to avoid the confusion of the users of the web it is forbidden to load any page belonging to the web site in one of the sections of another web page divided into frames, in such a way that it causes a distortion in the presentation of this web site inducing the confusion of Internet users (“framing”).
  • The authorization to insert a link does not presuppose, in any case, a consent to reproduce the visual and functional aspects (“look and feel”) of this website.
  • It is also explicitly forbidden to create a navigation bar or environment on the pages that make up this site, without prior authorization.
  • Aspect of the link: the hyperlink may only consist of a text. For the use of graphics or logos, a licence to use the graphics or logos of MEGA Sistemas must be obtained beforehand. In any case, the text must clearly express that it links to this website. In general, the appearance, visual effect, location and, in general, the characteristics of the hyperlink must show that it leads to the website of MEGA Sistemas and that it is independent and is not linked by a relationship of collaboration, association, sponsorship, employment or any other type to the website containing the hyperlink.
  • Any website containing a hyperlink to the website of MEGA Sistemas, must inescapably respect these Terms and Conditions of Use of the website, characterized by being loyal and lawful hyperlinks and comply with any applicable legal provisions and the requirements of morality and generally accepted good customs.
  • In particular, authorization for the insertion of hyperlinks to this website will be conditional on respect for human dignity and freedom. The website on which the hyperlink is established shall not contain information or contents that are illicit, contrary to morality and good customs and public order, nor shall it contain contents that are contrary to any third-party rights.
  • Finally, it is forbidden to insert hyperlinks to this website in web pages with contents, allusions or orientation contrary to or not compatible with those that inspire the website of MEGA SISTEMAS.

 

Privacy policy

This website complies with the requirements of Organic Law 15/1999, of December 13, Protection of Personal Data (LOPD), and Royal Decree 1720/2007, of December 21, known as the Development Regulation of the LOPD. It also complies with Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons (RGPD), as well as with Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce (LSSICE or LSSI). Personal data collected through this website will be incorporated into MEGA Sistemas’ files, prior consent of the user to process their personal data for one or more specific purposes included in this Privacy Policy, which the user can access in accordance with article 5 of the LOPD.

 

Duration

The access, contents and services offered through the site have an indefinite duration. However, MEGA Sistemas is authorized to terminate or suspend access to the services and/or contents of the site at any time, without prejudice to the provisions of these Terms and Conditions or, where applicable, the Specific Conditions that regulate the use of a specific service and/or content for users of the site.

 

Full agreement

These Terms and Conditions contain all the conditions agreed upon by the parties. Any previous declarations, commitments or promises, whether verbal, written or implicit, shall be considered non-existent.

The fact that MEGA Sistemas does not require the fulfilment of any of the conditions established in these Terms and Conditions or, in its case, particular conditions that regulate the use of a certain service and/or content destined to the website users, cannot be interpreted by the user as a waiver to demand its later fulfilment.

 

Nullity and avoidance

In the event that any clause of these Terms and Conditions or, where appropriate, particular conditions that regulate the use of a certain service and/or content, is null and void, in whole or in part, this nullity or voidability will not affect the validity of other clauses of the same, which will remain fully effective and valid, unless the party alleging its nullity or voidability proves that without the clause that is null and void or voidable, the purposes pursued by these Conditions cannot be fulfilled.

 

Legislation

These Terms and Conditions are governed by Spanish law.

 

Jurisdiction

The parties, expressly renouncing their own jurisdiction, submit themselves to the Courts and Tribunals of Vigo for the resolution of any disputes that may arise.

 

Submit the website’s newsletter.

The provider informs and expressly guarantees users that their personal data will not be transferred under any circumstances to third companies, and that whenever any type of transfer of personal data is to be made, the express, informed and unequivocal consent of the holders will be requested beforehand. All data requested through the website are mandatory, as they are necessary for the provision of an optimal service. In the event any mandatory data is not provided, MEGA Sistemas does not guarantee that the information and services provided will respond to your needs. However, users are given the rights of rectification, cancellation, information and opposition, in the terms set out in current legislation. Therefore, in accordance with the provisions of Law 15/1999, of Protection of Personal Data (LOPD), users may exercise their rights by communicating with the provider through the following means: E-Mail: megasistemas@megasistemas.es Fax: +34 986 231 553 Address: Rúa Santa Marta, nº 5, 36202 , Vigo, Pontevedra, España.

Similarly, the user may unsubscribe from any of the services provided by clicking on the unsubscribe section included in all the e-mails sent by the provider. In the same way, the provider has adopted all the technical and organisational measures necessary to guarantee the security and integrity of the personal data it processes, as well as to avoid their loss, alteration and/or access by unauthorised third parties. Use of Cookies and Activity Files The provider, on its own behalf or on behalf of a third party, may include cookies in this webiste. Cookies are files sent to the browser by a web server with the aim of recording users’ activity while visiting the website.

The cookies used by the website are only associated with an anonymous user and his/her computer, and do not themselves provide the user’s personal data.

Through cookies, the server where our website is located, may recognize your browser in order to make navigation easier, allowing, for example, access to users who have previously registered, directly to areas, services, promotions or competitions reserved exclusively without the need for registration in each visit. Cookies are also used to for statistical purposes related to audience (number of entries, etc.).

User can configurate their browser to be warned about the use of cookies by any site, and hence to avoid their installation when not desired. For further information, please, check your browsers’ instructions and manuals.

In order to navigate this website, it is not compulsory to allow the installation the cookies issued by the website, or by third parties acting on its behalf, however, in that case, users will have to initiate a session, or log-in, in every visit to this website.

The cookies used on this website are temporary and have the only purpose of making navigation more efficient. Under no circumstances will cookies be used to collect personal information.

 

IP addresses

The website’s servers will be able to automatically detect the IP address and domain name used by the user. An IP address is a number that is automatically assigned to a computer when it connects to the Internet. All this information is recorded in a duly registered server file that allows data processing for statistical purposes only (number of page impressions, visitors, visitors’ locations, etc.)

 

Security

The website uses regular information security techniques, such as firewalls, access control procedures and cryptographic mechanisms, in order to prevent unauthorized access to data. For this purpose, the user/client agrees that the provider obtain the data necessary for authentication purposes.

Any contracting process or process that involves the introduction of sensitive personal data (health, ideology,…) will always be executed by means of a secure communication protocol (Https://,…), in such a way that no third party has access to the information transmitted by electronic means.