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TERMS OF USE

THE OWNER OF THE WEB PAGE HOSTED AT WWW.CASTANERFL.COM (THE "WEB") IS THE ENTITY BELONA GROUP USA LLC, WHICH OPERATES UNDER THE TRADEMARK CASTAÑER® ("CASTAÑER"), WHOSE IDENTIFICATION DETAILS ARE AS FOLLOWS: 

REGISTERED OFFICE: 2250 NW 114TH, UNIT 1A SDQ301933, MIAMI, FL 33192.

EIN: 85-3035642

EMAIL: INFO.FL@CASTANER.COM

PHONE: (+1) 809 2597723 

WEB ACCESS

THE GENERAL CONDITIONS OF ACCESS AND USE REGULATE ACCESS TO AND USE OF THE WEB SITE THAT CASTAÑER MAKES AVAILABLE TO INTERNET USERS IN ORDER TO PROVIDE THEM WITH INFORMATION RELATING TO CASTAÑER, ITS PRODUCTS AND/OR SERVICES.

THE CONTENTS OF THE WEB ARE EXCLUSIVELY AIMED AT OVER FOURTEEN (14) YEARS OF AGE, SO THAT WHEN THE USER REGISTERS ON THE WEB TO RECEIVE NEWSLETTERS, HE/SHE DECLARES THAT HE/SHE IS OF THAT AGE. TO THIS END, CASTAÑER RESERVES THE RIGHT TO REQUEST DOCUMENTATION PROVING THE USER'S AGE AT ANY TIME. IN THE EVENT THAT CASTAÑER VERIFIES THAT THE USER DOES NOT HAVE THE REQUIRED AGE OR THE USER DOES NOT COMPLY WITH CASTAÑER'S REQUEST, OR DOES NOT COMPLY WITH IT CORRECTLY, CASTAÑER WILL PROCEED TO DEREGISTER THE USER AS A REGISTERED USER.

THE ACCESS AND USE OF THE WEB BY THE USER ENTAILS THE ACCEPTANCE OF THESE GENERAL CONDITIONS OF ACCESS AND USE. CONSEQUENTLY, PLEASE READ THE GENERAL CONDITIONS OF ACCESS AND USE CAREFULLY WHEN YOU INTEND TO USE THE WEBSITE AS THEY MAY BE ADAPTED AND/OR MODIFIED AT ANY TIME. IF YOU DO NOT ACCEPT THESE GENERAL CONDITIONS OF ACCESS AND USE, PLEASE REFRAIN FROM USING THE WEBSITE AND ITS CONTENT. 

USE OF THE WEB

THE USER UNDERTAKES TO MAKE DILIGENT USE OF THE WEB, AS WELL AS THE INFORMATION RELATING TO THE PRODUCTS CONTAINED THEREIN, SUBJECT TO THE APPLICABLE REGULATIONS AND THE GENERAL CONDITIONS OF ACCESS AND USE.

ACCORDINGLY, THE USER AGREES TO THE FOLLOWING:

RESPECT THE REST OF THE USERS OF THE WEB.

  • NOT TO MAKE COMMENTS OR PUBLISH CONTENT THAT (I) IS ILLICIT, VIOLENT, PORNOGRAPHIC, RACIST, DENIGRATING OR VIOLENT; AND/OR (II) IS INAPPROPRIATE OR IRRELEVANT IN RELATION TO CASTAÑER'S ACTIVITY, PRODUCTS AND/OR SERVICES.
  • NOT TO CARRY OUT ANY ACT WITH THE AIM OF DAMAGING, RENDERING USELESS AND/OR OVERLOADING THE WEBSITE OR PREVENTING, IN ANY WAY, ITS NORMAL USE AND/OR OPERATION.
  • DO NOT TRANSMIT CONTENT THAT MAY CONTAIN VIRUSES, SCRIPTSOR OTHER MALICIOUS CODE OR PROGRAMS WITH DESTRUCTIVE OR DELETERIOUS PROPERTIES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY SOFTWARE OR HARDWARE.
  • NOT TO INTERFERE WITH OR CONDITION IN ANY WAY THE SECURITY OF THE WEBSITE OR MISUSE THE RESOURCES, SERVICES AND PRODUCTS AVAILABLE ON THE WEBSITE.
  • DO NOT ACCESS, MODIFY, ADAPT AND/OR REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE INTERFERE WITH THE SITE.
  • NOT TO INSERT DATA OR HYPERLINKS ON THE WEBSITE, EXCEPT THOSE EXPRESSLY PERMITTED BY CASTAÑER IN ACCORDANCE WITH THE PROVISIONS OF THE SECTION 'POLICY ON LINKS '.
  • NOT TO CARRY OUT ACTIONS THAT MAY DISABLE, OVERLOAD OR AFFECT THE PROPER FUNCTIONING OF THE WEB.

USERS ARE INFORMED THAT, IN THE EVENT THAT THEY FAIL TO COMPLY WITH THE GENERAL CONDITIONS OF ACCESS AND USE OR ANY OTHER TERMS AND CONDITIONS SET OUT ON THE WEBSITE, CASTAÑER RESERVES THE RIGHT TO LIMIT, SUSPEND AND/OR TERMINATE THEIR ACCESS TO THE WEBSITE, ADOPTING ANY TECHNICAL MEASURES NECESSARY FOR THIS PURPOSE AT ANY TIME AND WITHOUT PRIOR NOTICE.

CASTAÑER MAKES ITS BEST EFFORTS TO KEEP THE WEBSITE IN GOOD WORKING ORDER, AVOIDING ERRORS OR, WHERE APPROPRIATE, REPAIRING THEM, AND KEEPING THE CONTENTS OF THE WEBSITE DULY UPDATED. HOWEVER, CASTAÑER DOES NOT GUARANTEE THE AVAILABILITY AND CONTINUITY OF ACCESS TO THE WEB OR THE NON-EXISTENCE OF ERRORS IN ITS CONTENTS, NOR DOES IT GUARANTEE THAT THE LATTER ARE DULY UPDATED.

CASTAÑER RESERVES THE RIGHT TO MAKE, AT ANY TIME, MODIFICATIONS, DELETIONS AND/OR UPDATES TO THE INFORMATION CONTAINED ON THE WEB, ITS CONFIGURATION OR PRESENTATION. 

RESPONSIBILITY

BOTH ACCESS TO THE WEB AND THE USE THAT MAY BE MADE OF ANY INFORMATION CONTAINED THEREIN, ARE MADE UNDER THE SOLE RESPONSIBILITY OF THE USER.

CASTAÑER SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, IN ANY OF THE FOLLOWING CASES:

  • FOR ANY DAMAGES AND/OR LOSSES THAT MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO OR USE OF THE INFORMATION CONTAINED ON THE WEB AND, ESPECIALLY, FROM INFORMATION RELATING TO THIRD PARTIES OTHER THAN CASTAÑER, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY THE INTRODUCTION OF VIRUSES AND/OR COMPUTER ATTACKS.
  • FOR ANY DAMAGE AND/OR HARM THAT USERS MAY SUFFER AS A RESULT OF INAPPROPRIATE USE OF THE WEBSITE OR OF ANY CRASHES, INTERRUPTIONS, ABSENCE AND/OR DEFECTS IN COMMUNICATIONS.
  • FOR ANY DAMAGE AND/OR HARM TO THE USER'S SOFTWARE OR HARDWARE RESULTING FROM ACCESS TO THE WEBSITE.
  • FOR ANY INFRINGEMENT OF THE WEB, OR ANY OF ITS ELEMENTS, COMMITTED BY AN ENTITY OTHER THAN CASTAÑER.
  • FOR ANY INFRINGEMENT ARISING FROM USE OF THE WEBSITE THAT DOES NOT COMPLY WITH THE TERMS AND CONDITIONS PERMITTED UNDER THE GENERAL CONDITIONS OF ACCESS AND USE AND ANY OTHER APPLICABLE TERMS AND CONDITIONS.
  • FOR ANY INCIDENT, SUSPENSION, INTERRUPTION OR FALL OF THE INTERNET THAT PREVENTS THE AVAILABILITY AND / OR CONTINUITY OF ACCESS TO THEM.

 USERS SHALL BE LIABLE FOR DAMAGES OF ANY KIND THAT CASTAÑER MAY SUFFER AS A RESULT OF BREACH OF ANY OF THE OBLIGATIONS TO WHICH THEY ARE SUBJECT BY VIRTUE OF THE GENERAL CONDITIONS OF ACCESS AND USE OR APPLICABLE LEGISLATION IN RELATION TO THE USE OF THE WEB SITE.

SOCIAL NETWORKING

CASTAÑER HAS PROFILES ON SOME SOCIAL NETWORKS (SUCH AS, FOR EXAMPLE, FACEBOOK, YOUTUBE AND INSTAGRAM), WITH THE AIM OF PROVIDING INFORMATION ABOUT ITS PRODUCTS.

USERS WHO JOIN ANY OF THE PROFILES OPENED BY CASTAÑER ON SOCIAL NETWORKS MUST RESPECT AND COMPLY WITH THE TERMS AND CONDITIONS OF THE SOCIAL NETWORK IN QUESTION.

CASTAÑER MAY CARRY OUT THE FOLLOWING ACTIONS:

  • ACCESS THE PUBLIC INFORMATION OF THE USER PROFILE.
  • SEND INDIVIDUAL MESSAGES THROUGH SOCIAL NETWORK CHANNELS WHEN ALLOWED.
  • UPDATE THE PROFILE STATUS TO BE DISPLAYED IN THE USER'S PROFILE.

CASTAÑER RESERVES THE RIGHT TO CARRY OUT COMPETITIONS, PROMOTIONS AND/OR DRAWS THROUGH ITS SOCIAL MEDIA ACCOUNTS.

ADVERTISING

CASTAÑER MAY INCLUDE ADVERTISING CONTENT AND/OR SPONSORSHIP FROM THIRD PARTIES ON THE WEBSITE. ADVERTISERS AND SPONSORS WILL BE SOLELY RESPONSIBLE FOR ENSURING THAT THE MATERIAL SUBMITTED FOR INCLUSION ON THE WEB FULLY COMPLIES WITH THE LEGISLATION THAT, IN EACH CASE, MAY BE APPLICABLE.

CONSEQUENTLY, CASTAÑER SHALL NOT BE LIABLE FOR ANY ERROR, INACCURACY AND/OR IRREGULARITY THAT MAY BE INCLUDED IN THE ADVERTISING CONTENT OR THAT OF THE SPONSORS, NOR FOR ANY FAILURE TO COMPLY WITH CURRENT LEGISLATION.

POLICY ON LINKS ("LINKS")

A) LINKS TO THE WEB

THIRD PARTIES INTENDING TO INCLUDE A LINK ON A WEBSITE ("LINKING SITE") TO THE WEB, OR A FRAME WITH THE SAME, MUST OBTAIN PRIOR WRITTEN CONSENT FROM CASTAÑER.

UNDER NO CIRCUMSTANCES DOES THE AUTHORISATION GRANTED BY CASTAÑER MEAN THAT IT ENDORSES, PROMOTES, GUARANTEES AND/OR RECOMMENDS THE CONTENT AND/OR SERVICES OF THE LINKING SITE OR THAT IT IS RESPONSIBLE FOR THE CONTENT OF THE SAME.

THE LINKING SITE MUST COMPLY WITH CURRENT LEGISLATION AND MAY NOT, UNDER ANY CIRCUMSTANCES, HOST ITS OWN OR THIRD-PARTY CONTENT THAT IS UNLAWFUL AND/OR HARMFUL (VIOLENT, RACIST, DENIGRATING, ETC.) AND/OR INAPPROPRIATE OR IRRELEVANT IN RELATION TO CASTAÑER'S PRODUCTS AND/OR SERVICES.

IN THE EVENT OF BREACH OF ANY OF THE AFOREMENTIONED TERMS, CASTAÑER WILL IMMEDIATELY REVOKE THE CONSENT GRANTED TO THE LINKING SITE, WHICH MUST REMOVE THE LINK.

B) LINKS TO OTHER WEBSITES

THE WEBSITE MAY INCLUDE VARIOUS LINKS THAT ALLOW THE USER TO ACCESS OTHER WEBSITES ("LINKED SITES").

UNDER NO CIRCUMSTANCES DOES THE EXISTENCE OF LINKED SITES IMPLY CASTAÑER'S RECOMMENDATION, PROMOTION, IDENTIFICATION AND/OR CONFORMITY WITH THE STATEMENTS, CONTENT AND/OR SERVICES PROVIDED THROUGH THE LINKED SITES.

CONSEQUENTLY, CASTAÑER IS NOT RESPONSIBLE FOR THE CONTENT, CONDITIONS OF USE, PRIVACY POLICIES AND OTHER CONDITIONS OF THE LINKED SITES, AND THE USER IS SOLELY RESPONSIBLE FOR CHECKING AND ACCEPTING THEM EACH TIME HE/SHE ACCESSES AND USES THEM.

INTELLECTUAL AND INDUSTRIAL PROPERTY

ALL INTELLECTUAL PROPERTY RIGHTS, DESIGNS, DATABASES, UNDERLYING COMPUTER PROGRAMS (INCLUDING SOURCE CODES), AS WELL AS THE DIFFERENT ELEMENTS THAT MAKE UP THE WEB (TEXTS, GRAPHICS, PHOTOGRAPHS, VIDEOS, SOUND RECORDINGS, COLOUR COMBINATIONS, ETC.) [THE "CONTENTS"], THEIR STRUCTURE, SELECTION AND ORDER, ARE OWNED BY CASTAÑER OR, WHERE APPLICABLE, BY ITS LICENSORS.

THE DISTINCTIVE SIGNS INCLUDED IN THE WEB ARE OWNED BY CASTAÑER OR ITS LICENSORS. LIKEWISE, THE DOMAIN NAME WWW.CASTANERFL.COM WHERE THE WEB IS HOSTED IS OWNED BY CASTAÑER.

BY MEANS OF THESE GENERAL CONDITIONS OF ACCESS AND USE, USERS ARE EXPRESSLY PROHIBITED FROM REPRODUCING, TRANSFORMING, DISTRIBUTING, PUBLICLY COMMUNICATING, MAKING AVAILABLE, EXTRACTING AND/OR ANY OTHER FORM OF DISSEMINATION NOT EXPRESSLY AUTHORISED OF THE WEB SITE, ITS CONTENTS AND/OR THE DISTINCTIVE SIGNS AND DOMAIN NAMES OWNED BY CASTAÑER.

UNAUTHORISED USE OF THE CONTENTS, AS WELL AS ANY DAMAGE CAUSED TO CASTAÑER'S INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, MAY GIVE RISE TO THE EXERCISE OF THE ACTIONS TO WHICH IT IS LEGALLY ENTITLED AND TO THE LIABILITIES WHICH, WHERE APPROPRIATE, DERIVE FROM THE SAME.

PROTECTION OF PERSONAL DATA

THE ASPECTS RELATING TO THE TREATMENT OF THE PERSONAL DATA OF THE USERS OF THE WEB ARE REGULATED IN THE PRIVACY POLICY. 

NULLITY

IF ANY OF THE CLAUSES OF THE GENERAL CONDITIONS OF ACCESS AND USE WERE TO BE DECLARED, TOTALLY OR PARTIALLY, NULL OR INEFFECTIVE, SUCH NULLITY OR INEFFECTIVENESS SHALL ONLY AFFECT SAID PROVISION OR THE PART OF THE SAME THAT IS NULL OR INEFFECTIVE AND THE SAME SHALL REMAIN IN FORCE IN ALL OTHER RESPECTS, AND SAID PROVISION OR THE PART OF THE SAME THAT IS AFFECTED SHALL BE DEEMED NOT TO BE IN FORCE.

FOR THESE PURPOSES, THE GENERAL CONDITIONS OF ACCESS AND USE SHALL ONLY CEASE TO BE VALID ONLY WITH RESPECT TO THE INVALID OR INEFFECTIVE PROVISION, AND NO OTHER PART OR PROVISION THEREOF SHALL BE NULLIFIED, INVALIDATED, IMPAIRED OR AFFECTED BY SUCH INVALIDITY OR INEFFECTIVENESS.

APPLICABLE LAW AND JURISDICTION

IN THE EVENT OF ANY CONFLICT OR DISCREPANCY ARISING IN THE INTERPRETATION AND/OR APPLICATION OF THE GENERAL CONDITIONS OF ACCESS AND USE, THE COMPETENT COURTS SHALL BE THOSE PROVIDED FOR IN THE APPLICABLE LEGAL REGULATIONS.