Ownership of Website
Pursuant to Article 10 of Spanish Act 34/2002 of July 11, on the Information Society Services and Electronic Commerce (hereinafter “LSSI”), we inform you that the website http://shop.geeksphone.com (hereinafter, the “Website”) is operated by Geeksphone, SL (hereinafter “Geeksphone”), holding Spanish Tax Identification Number B-85793776, registered with the Commercial Registry of Madrid, at Volume 27096, Sheet 39, Page M-488175, with registered office at 1, Manuel Silvela Street, 28010, Madrid, (Spain).
Use of the Website
This legal notice (hereinafter, “Legal Notice”) lays down the conditions governing the use of the information society services that Geeksphone offers to Internet users through the Website. In this regard, access and use of the Website implies that the user (hereinafter the “User”) agrees to fully comply with this Legal Notice and with any instructions or recommendations as may be indicated from time to time.
Access to the Website is free except for the cost of connection through the telecommunications network provided by the service provider chosen by the User.
Geeksphone reserves the right to make, at any time and without prior notice, modifications and updates of the Website and its contents, layout and presentation, including this Legal Notice; accordingly, we recommend Users to read it before each access and browsing through the Website.
The User agrees to use the Website in a diligent, correct and lawful way, and undertakes in particular, but without limitation, to refrain from:
(a) using the Website against the law, morals and public order;
(b) reproducing, copying, distributing, allowing public access through any form of public communication, transforming or modifying the Website, save as permitted by the copyright owner or otherwise by law;
(c) doing anything that could be considered an infringement of any intellectual or industrial property belonging to Geeksphone or to any other third party;
(d) Using the Website and, in particular, the information of any kind obtained through it to send advertising, communications for direct marketing purposes or any other commercial purpose, unsolicited messages addressed to groups of people regardless of its purpose, and to sell or howsoever divulge such information;
Users will be liable for any damages that Geeksphone may suffer in relation to, or as a result of a breach of any of the obligations set out above and any others included in this Legal Notice and / or imposed by law in connection with the use of the Website.
Geeksphone shall at all times endeavor to ensure compliance with applicable laws, and shall be entitled to discontinue, at its sole discretion, the availability of the Website or to exclude the User from the Website if it has reason to suspect that the User may be participating, either directly or indirectly, in any of the crimes or offenses punishable under the Spanish Criminal Code, or in case Geeksphone observes any conduct which, in its sole discretion, Geekphone deems contrary to this Legal Notice, the Law and the rules established by Geeksphone or that could damage the image, credibility and / or reputation of Geeksphone.
All intellectual property rights on the Website contents,-graphic design (look & feel), distinctive signs (trademarks, trade names), the underlying software (including source code), and other elements making up the Website – belong to Geeksphone as owner or holder of a right to use and exploit them, and are as such protected works under applicable intellectual property Law.
The use of the Website by the User shall in no event imply a transfer of any industrial or intellectual property rights over the Website, its contents and / or Geeksphone logos. For this purpose, by this Legal Notice, and save as otherwise permitted by law, any reproduction, transformation, distribution, public communication, dissemination, extraction and / or reuse by User of this Website, its contents and / or Geeksphone’s logos is expressly prohibited.
Any reproduction of elements or contents of this Website for consideration or for commercial purposes is expressly prohibited.
No guarantees; liability
Geeksphone reserves the right to discontinue access to the Website at any time and without prior notice, either for technical, security, control, maintenance, power failure or any other good reason.
Accordingly, Geeksphone does not make any representations or offer any warranties with regard to the reliability, availability or continuity of its Website, so that the User’s use of the Website is at its sole risk and without any liability no the part of Geeksphone in this regard.
Geeksphone shall not be liable for any interruptions, delays, errors, malfunctions and, in general, any other incidents that may occur in the Website due to causes beyond Geeksphone’s control, and/or due to willful misconduct and/ or negligence on the part of the User, and/or arising from unforeseen circumstances or force majeure. Without prejudice to the provisions of Article 1105 of the Spanish Civil Code, the term “Force Majeure” shall be deemed to include any and all events beyond Geeksphone control, such as default by third parties, operators or service companies, lack of access to third party’s networks, acts or omissions of Public Authorities, acts of God, power outages, etc. and attacks from hackers or third parties specializing in the security or integrity of information systems, provided that Geeksphone had adopted reasonable security measures according with the state of the art.
Similarly, Geeksphone disclaims any liability for damages of any kind that may result from the presence of virus or other harmful items in the Website contents that may cause alterations to computer systems and in stored documents or systems.
Geeksphone shall not be liable for the use that the User makes of the Website services or of its passwords, or for any other materials infringing on any intellectual property or other rights of third parties.
Apart from the above scenarios, in which Geeksphone assumes no liability, Geeksphone shall otherwise only be liable for the damages it may directly cause to Users though its intentional or grossly negligent acts or omissions.
Links to other Websites
The Website may include technical link (links) allowing the User to access other websites and online portals (hereinafter “Linked Sites”). In these cases, Geeksphone acts as a brokerage service provider in accordance with Article 17 of LSSI, and will only be liable for the contents and services supplied on the Linked Sites in the event that it has knowledge of the illegality and has not disabled the link with due diligence. If the User considers that a Linked Website has unlawful or inappropriate content, please notify Geeksphone through firstname.lastname@example.org. In no event case shall this communication entail an obligation to remove the corresponding link.
Users and, in general, any natural or legal person who proposes to establish a link from their page or site to the Website, must obtain Geeksphone’s prior written consent. No establishment of such a link shall imply either the existence of a relationship between Geeksphone and the owner or operator of the site or page from which the link is established, or the acceptance or approval by Geeksphone of its contents or services. In any case, Geeksphone reserves the right to prohibit or disable, at any time, any links to the Website, especially in case of unlawful activity or content in the linked page or site.
Cookies used by the Website are only associated with an anonymous User and its computer, and they do not on their own provide any personal data.
Pursuant to Article 22.2 of the LSSI, you are advised that, at the time of starting your browsing you will be informed about the type of cookies used by the Website. You can then either enable or disable the cookies following the instructions given in the link: http://www.geeksphone.com/cookies/
The User can adjust your browser settings to be notified of the receipt of cookies and to prevent their installation on its computer. Please read the instructions and manuals on your browser for more information.
In order to use the Website is not necessary for the User to allow the installation of cookies sent by the Website, or otherwise sent by third parties acting on its behalf, but User may be required to login as such in each of the services that require prior registration or “login”.
The cookies used on this Website are of a temporal nature and for the sole purpose of making subsequent transmission more efficient. Under no circumstances shall cookies be used to collect personal data.
Pursuant to the provisions of Sections 5 and 6 of Spanish Organic Act 15/1999 of 13 December on the Protection of Personal Data (hereinafter “LOPD”) you are hereby informed that the data of Users registering on the Website will be included in a file owned by Geeksphone, SL, with the following purposes: i) managing the commercial relationship and providing the services requested from Geeksphone; ii) providing support and maintenance services whenever needed; iii) the submission of Geeksphone advertising and marketing communications provided that the registered user has expressly accepted the submission and receipt of the same; iv) access to financial solvency files for the purposes of analyzing the User’s ability to perform the contractual obligations assumed with Geeksphone.
In any case, the User can at any time exercise his/her rights of access, rectification, cancellation and opposition at the following email address: email@example.com indicating the subject “Exercises LOPD” and accompanying scanned copy of his/her Identity Card.
We hereby further inform you that your personal data could be transferred by Geeksphone to third parties for the purposes of: i) ensuring a satisfactory provision of the contracted services ii) as may be necessary for a proper execution of additional services or services complementary to the ones requested; iii) pursuant to any legal provision.
Pursuant to Section 21 of the LSSI, we inform you that no commercial and / or promotional communication will be sent, by email or by any other similar means which has not been authorized or requested by the User, or unless it refersto Geeksphone products or services similar to those contracted by the User. In any case, User may decline receiving such communications by clicking on a link which will be enabled in each message for this purpose.
Applicable law and jurisdiction
The use of the Website is governed by and construed in accordance with Spanish law and, with the use of the Website, the User agrees that any dispute or litigation arising between the User and Geeksphone will be resolved by the courts and tribunals of Madrid, Spain.
In the event that any provision contained in this Legal Notice will be declared invalid, it shall be withdrawn or replaced. Such declaration of invalidity shall not affect the validity of the remaining provisions contained in this Legal Notice.