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LEGAL NOTICE

 

WEBSITE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

1. GENERAL ASPECTS

 

Please read carefully the following legal notice regarding the website www.LiveCobo.com, property of Grupo Empresarial Invex SL, with NIF B88314265, with domicile for tax purposes at C/Las Fabricas N8 Planta 1, Puerta 1, Alcorcon 28939 (Madrid), Spain, hereinafter referred to as "Company". By using this website, you (hereinafter also referred to as "User" or "Users" collectively) accept without restriction all the terms of this document.

 

1.1. Identifying data of the information society service provider

 

In accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679, you are hereby informed that the Company manages the content of the www.LiveCobo.com Website.

If you wish to contact us, please call us at the above address, telephone number +34 688 940 184 or email us at [email protected].

 

1.2. Acceptance and validity of the general and special conditions

 

Browsing and using or ordering any of the products offered on this website makes you a User and implies your full and unreserved acceptance of each and every one of the General Conditions and, where appropriate, Special Conditions in effect at the time you, as a User, access the website.

The Company reserves the right to unilaterally extend and modify the presentation, configuration and contents of the website at any time and without prior notice, as well as to temporarily suspend the presentation, configuration, technical specifications and services of the website, in the same way.

 

2. WEBSITE GENERAL TERMS AND CONDITIONS OF USE

 

2.1. Obligations of use

 

On a general basis, the User is bound to comply with these conditions and terms of use, and to always act in accordance with law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service they enjoy, and refraining from using this website in any way that may impede, damage or deteriorate its normal operation, the assets or rights of the owner (Company), the rest of the Users or, in general, any third party. In order to be able to register on the website and make use of the services it offers, the User must be over eighteen years of age at the time of registration.

More specifically, and without this implying any restriction to the obligation assumed by the User on a general basis in accordance with the previous section, the User agrees, in the use of this website, to:

 

  • Properly safeguard the "User Name" and "Password" provided by the Company as identifying and enabling elements for access to the different services offered on the website, committing not to cede their use or allow access to them to third parties and assuming responsibility for any damages that may arise from an improper use of the same.
  • Not to enter, store or distribute on or from the website any information or material that is defamatory, offensive, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that in any way violates the morals, public order, fundamental rights, public freedoms, honour, privacy or image of third parties and, in general, that violates the current Spanish regulations and those of your country of residence.
  • Not to introduce, store or distribute through the website any computer programme, data, virus, code or any other file that may cause damage or any type of alteration to the website, to any of the services, or to any of the equipment, systems or networks of the Company, of any User, or in general of any third party, that may impede the normal functioning of the same.
  • Not to destroy, alter, use for personal use, misuse or damage the data, information, programmes, electronic documents or, in general, the files of the Company, of the Users or of third parties.

 

The Company may, at any time and without prior notice, modify these General Terms and Conditions, as well as the Special Conditions that may be included, by publishing these modifications on the website so that Users can be informed of them.

 

2.1.1. Special conditions of use of the Social Network

 

The Company makes a Social Network service (hereinafter "Platform") available for Users on the Website, where Users can publish content such as texts, images, videos and sounds, both on their own profile and on pages in memory of deceased people and pets. In accordance with other clauses of this legal notice, the User agrees, when using the Platform, to comply with the following conditions:

  • The User can only publish content about deceased individuals who are direct relatives of the User (children or parents), as well as guardians or legal guardians of the User. If the deceased individuals posted are not direct relatives of the User, the User declares that he/she has the express consent of the direct relatives, guardians or legal guardians of the deceased individuals to publish such content on the Platform. The Company reserves the right to request documents or information from the User to prove that he/she has the right or authorisation to post such content.
  • The User agrees to respect the right of any of the direct relatives of the deceased individuals posted on the Platform, to request the removal of any content published, in whole or partially, from the Platform.
  • By creating a page for an institution, company, or employment page on behalf of a company or institution, the User declares that he/she has the express consent of that company or institution to publish the page, and shall be solely responsible for any undesirable consequences derived from the use of that page.
  • In the case of inappropriate posting, without direct posting permissions from immediate family members of the person posted; the company reserves the right to take appropriate legal action against users who violate the posting rules.
  • The company reserves the right to adopt the necessary measures in order to resolve any incidents that may occur on the platform on a personal basis, without failing to assess any civil or criminal liability that users may have infringed.

 

2.2. Exemption of liability

 

The Company will not be liable:

  • In general, and with regard to the improper use of the website, Users must use the website properly in accordance with the above terms and conditions and the company shall not be held liable for any improper use.
  • The Company shall not be held liable for any aspect of the User's direct relationship with other Users. The User shall be solely responsible for managing its activity and resources in an honest and transparent manner, including but not limited to the marketplace, events and job offers, and shall assume all possible negative consequences of the non-observance of these principles.
  • With regard to possible technical deficiencies, the Company shall not be liable in any case for service disruptions caused by failures in the electrical network, in the data connection network, in the server or in any other services.
  • With regard to the access by third parties to the system, the Company shall adopt the necessary technical precautions in order to protect the data and information accessed but shall not be liable for actions of third parties who, in violation of the established security measures, access the aforementioned data.
  • The Company is constantly investing in technological means that attempt to minimise the risk of viruses, similar software and unauthorised content in its information systems. Nevertheless, the User is aware that he/she must adopt his/her own measures to minimise the damage caused by unauthorised software, viruses, Trojans and any kind of software known as "malware", exempting the Company from any liability that may arise from the containment of malware in the data processing provided on this website.

 

2.3. Use of links

 

Internet users who wish to introduce links from their own Websites to this Website must comply with the conditions detailed below. Lack of knowledge of these conditions will not prevent any liability derived from the legislation.

The link will only connect your Website to this one, but you will not be able to reproduce it in any way (links, copy of texts, graphics, etc.). In accordance with the current applicable legislation at each time, it is forbidden to establish frames of any kind that involve the Website or allow the contents to be viewed through Internet addresses different from those of the Website and, in all cases, when they are displayed together with content from outside the Website in such a way that: (I) produces, or may produce, error, confusion or deception in users as to the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the Company's brand and prestige, or (IV) in any other way that is prohibited by the current legislation.

The website that introduces the link may not make any false, inaccurate or incorrect statement about any person or entity, particularly about the Company, its management, employees, clients or about the quality of its services.

Under no circumstances will it be stated on the page where the link is located that the Company has given its consent to the insertion of the link or that it sponsors, collaborates with, verifies or supervises the services of the link provider.

The use of any word, graphic, mixed mark or any other distinctive signs of the Company or of third parties within the sender's page is prohibited except in the cases that are permitted by law or expressly authorised by the Company, and provided that, in these cases, a direct link to the Website is only allowed according to the terms of this clause.

The website that provides the link must comply faithfully with the legislation and may not under any circumstances provide or link to its own content or that of third parties that: (I) are unlawful, harmful or contrary to morals and good customs (pornographic, violent, racist, etc. ); (II) induce or could induce in the User the false conception that the Company subscribes to, endorses, supports, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the link provider; (III) the User will not include on the website any link to a website that contains information or content that is illegal or contrary to morality and generally accepted good customs and public order.

 

2.4. Intellectual and industrial property

 

The layout, design and form of presentation of the elements available on this website (graphics, images, photographs, samples and materials, industrial technologies, files, logos, colour combinations and any other element susceptible of protection) are protected by intellectual and industrial property rights owned by the Company or for which the corresponding rights of use have been obtained.

The reproduction, transformation, distribution, public communication, making them available to the public and, in general, any other form of exploitation, partial or total, of the elements referred to in the previous section is prohibited. Their publication on other websites or in other digital or written media requires the express consent of the owner of the website, and, in any case, they must make explicit reference to the ownership of the aforementioned intellectual property rights of the Company. The use of distinctive signs (trademarks, trade names) is not permitted, unless there is an express authorisation of the legitimate owners.

 

2.5. Privacy policy

 

According to the provisions of the current regulations on Personal Data Protection, we inform you that your data will be incorporated into the processing system owned by the Company and will be processed in a database of mixed personal data. The existence of these files is recorded in our register of activities as required by the RGPD.

 

Purpose

 

The collection and processing of personal data, incorporated into these files, has the main purpose of providing the service of the Platform, manage purchases that users make in your online shop, respond to enquiries from Users sent through your website, provide information of interest, as well as conducting commercial communications including sending commercial messages via SMS, email, and postal mail etc., that may be of your interest, based on the study and segmentation of the data collected while browsing the website, of the data provided by filling in any form, as well as those derived from the contractual relationship with the associates. This Website will not make automated decisions, nor will it make any profiling.

 

Legitimation

 

The holder of the data must explicitly authorise their data to be included in these files by giving their explicit consent once they have filled in their data in any of the forms on this Website, in which they are required to provide personal information, before they are sent. The legal basis for the processing of your data is your consent, which may be withdrawn at your request.

 

Security and obligation to secrecy

 

The Company will comply with the obligation of secrecy according to the personal data provided, as well as the duty to store them by adopting the appropriate technical, organisational and security measures necessary to prevent their alteration, loss and unauthorised processing or access.

 

Duration of data processing

 

Your data will be stored as long as it is strictly necessary to fulfil the purpose for which it was originally collected and until your consent has been expressly revoked.

 

Recipients

 

Your data will not be disclosed to third parties, except where required by law or in cases where a data processor is necessary, which will be mentioned in the corresponding forms.

 

Rights

 

You have the right to obtain confirmation to know if we are processing personal data concerning you, to access your personal data, as well as to request the rectification of inaccurate data or, where appropriate, to request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, you may request that we restrict the processing of your data, in which case we will only use it for the purpose of asserting or defending claims. For reasons related to your particular situation, you may object to the processing of your data. You have the right to portability whenever technically possible. You can exercise your rights by contacting us at the postal address above or by sending an email at [email protected]

 

2.6. Jurisdiction and applicable law

 

The terms and conditions applicable to this Website are regulated by the Spanish legislation.

Any dispute arising from the access or use of this website will be subject to the jurisdiction of the courts of Madrid, Spain.