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Legal Warn, Responsibility Rules and Terms of Use
Please, read carefully this document before using or surfing accross Eastwind Magazines’ website.
Para leer este Aviso Legal, Régimen de Responsabilidad y Condiciones de Uso en español, hacer clic aquí.
Information regarding the provider of Information Society services
Eastwind Magazines’ website (www.eastwind.es and www.eastwind.es/marketing), both in their Spanish edition and in their English edition, are owned and administrated by Eva González Fernández, whose data are provided here below to comply with the legal obligation set in article 10 of Law 34/2002, of July 11th, currently governing in Spain the Information Society Services and Electronic Commerce:
Name: Eva González Fernández
Address: Carretera de Húmera nº 87 portal 7 3rd floor, zip code: 28224, Pozuelo de Alarcón (Madrid) -SPAIN-
Tax identification number (NIF): 50433907-J
Email address: [email protected]
Who are considered users of Eastwind Magazines
If you just access, use or just browse accross one or more of Eastwind magazines on our website (www.eastwind.es or www.eastwind.es/marketing ) either in their Spanish or English edition you become an user and any of the behaviors described (access, use or just browsing) mean that you (as an user) fully accept the legal warn, liability rules and terms of use included in this page (document).
If you do not wish accepting them, or do not understand them, you should leave Eastwind Magazines’ website immediately.
The rules included below regulate the general terms and use limitations, rights and liability within Eastwind Magazines’ website both for users, the Eastwind Magazines and their owner.
The access to Eastwind Magazines’ website is at the sole responsibility of the user.
Just the fact that the user access Eastwind Magazines’ website, use it, browse or surf through it do not mean that Eastwind Magazines and their owner, Eva González Fernández, establish any sort of commercial or economic relationship with the user.
Review and changes on this Legal Warn, Liability and Usage Terms and Conditions
Eastwind Magazines and their owner reserve themselves the right to review, update and / or modify in all or just in a part the terms included in this Legal Warn, Liability and Terms of Use and Conditions at any time without prior notification to users of the Eastwind Magazines’ website.
Eastwind Magazines and their owner will inform the users on the latest version of this document by publishing it on Eastwind Magazines’ website.
The user is responsible for reading the document including the Legal Warn, Liability Rules and Terms of use as soon as he/she accesses any of Eastwind Magazines’ published on our website.
The access to, the use of, browsing or surfing accross Eastwind Magazines’ website by the user means that the user accepts the before mentioned Legal Warn, Liability Rules and Terms of Use as they are included in the latest version of this document published on Eastwind Magazines’ website at the time the user access the mentioned website.
Update of the contents published on Eastwind Magazines' websites
The information and contents included in Eastwind Magazines’ website is updated to the year, day and hour specified at the begining of each one of the posts, pages or contents published.
Eastwind Magazines and their owner, Eva González, reserve themselves the right to update, modify or delete the information and content published or included in Eastwind Magazines’ website and channels in social networks at any time, with no need for explaining or justifying the changes.
Right to modify information and contents
No one, except the owner of Eastwind Magazines or the people who the owner has hired, and in the latter case only with the authorization of the owner of Eastwind Magazines, are entitled to alter, change, modify, adapt, delete, migrate or move Eastwind Magazines’ website and the contents incluede on it.
Informative purposes
All information and contents included in Eastwind Magazines’ website and social media channels have been published for informational purposes only.
Any commercial content published on Eastwind Magazines’ website and their social media channels is clearly identified as advertising.
Links or hyperlinks included in and to the Eastwind Magazines' websites
Neither Eastwind Magazines, nor their owner, Eva González, are responsible in any way for the content, commercial activities, products and services that may be viewed or accessed through links included in the Eastwind Magazines’ website.
All links included in Eastwind Magazines’ website are published with informational purposes only and in no way does the fact that a link is shown on Eastwind Magazines’ website mean an advice, invitation or recommendation by Eastwind Magazines regarding the contents or the products that appear in the documents, images or sites the links might lead to.
These links do not mean that Eastwind Magazines have any sort of relationship or make any kind of recommendation in favor of the people or companies that own the sites that might be accessed thanks to the before mentioned links.
Eastwind Magazines and their owner, Eva González, reserve themselves the right to withdraw unilaterally at any time the links that appear on Eastwind Magazines’ website.
The liability of Eastwind Magazines and their owner with respect to the content and information offered by third-party sites to which they direct hyperlinks, links or links included in the website of Eastwind Magazines, as well as with respect to those contents of or from third parties that are hosted on the website of Eastwind Magazines, are regulated by the articles 16 and 17 of the Spanish Law governing The Information Society Services, Law 34/2002.
Users who wish to build a hyperlink, or link between their website and Eastwind Magazines’ website must obtain prior authorization from the owner of the before mentioned Eastwind Magazines. This content must be requested by e-mail sent to the following address: [email protected].
Browsing, access and security levels
Just accessing to, browsing, or surfing accross Eastwind Magazines’ website mean that the user accepts and is aware of the legal warnings, as well as the liability rules and the terms and conditions of use of the before mentioned Eastwind Magazines’ site, owned by Eva González Fernández. All of these rules, and terms are included in this document.
Eastwind Magazines and their owner carry out all the efforts they are able to implement so that users can surf accross Eastwind Magazines’ website under the best conditions avoiding any sort of damage that might be caused to them while browsing.
Eastwind Magazines’ website provides a “secure environment”, or what is the same, the information provided by users is encrypted.
Users agree to use the website of Eastwind Magazines in good faith, and complying with the law currently in force, avoiding to cause any dammage, harm or infringing the rights of the owner of Eastwind Magazines, of other users or the people and companies whose information, brands or images have been published on the before mentioned Eastwind Magazines’ website.
Neither Eastwind Magazines nor their owner are responsible or guarantee that access to the content and other parts of their website is legal when the user accesses from other country than Spain.
Access to and browsing the website of Eastwind Magazines from a country other than Spain should be done by the user just if the user is not infringing the regulations in force in the territory from which the user accesses the site of Eastwind Magazines.
Eastwind Magazines and their owner reserve themselves the right to restrict, suspend, prohibit or terminate at any time the access and / or use of all or part of the Eastwind Magazines’ website, either to all or to any specific user, with no need for previous notification or explanation.
In particular, but not just in the cases listed in this paragraph, Eastwind Magazines may temporarily suspend the services and access to the contents of their website to carry out works to enhance, maintain or repair the website.
The user, by the mere fact of accessing, using or browsing, accepts this and, therefore, waives any claim to Eastwind Magazines and / or their owner for any damage or harm that may be caused to him/her by this reasons (suspension, termination, restriction or prohibition to access or browse and/or temporary suspension of the service)
Intellectual property
All the information contained in Eastwind Magazine’s website, as well as their graphic designs and the codes used, are protected by copyright or other intellectual property rights contained in the Spanish Royal Legislative Decree 1/1996, of April 12th, by which it is approved the Consolidated Text of the Intellectual Property Law currently in force in Spain.
These rights belong exclusively to the owner of the Eastwind Magazines or her lisensees within the limits of the lisense awarded to them by the owner of Eastwind Magazines.
Therefore, it is prohibited without the consent of the the owner of Eastwind Magazines any act of reproduction, distribution, transformation or public communication, commercial exploitation, as well as any sort of transfer of all or part of the content included in Eastwind Magazines’ website, and, in general, of any design object or code included in the site of the Eastwind Magazines, as they are all protected by the intellectual or industrial property laws currently in force in Spain.
The content of Eastwind Magazines’ website should not be publicly disseminated or used for commercial purposes, and should not be modified without the prior written consent of Eastind Magazines’ owner or her licensees within the specific scope, content and limits of each lisense.
Eastwind Magazines and their owner reserve themselves the right to modify, unilaterally, at any time and without prior notification, the design (including the “look-and-feel”), configuration and location of Eastwind Magazines’ Website, as well as the contents of the mentioned Eastwind Magazines’ site.
Trademarks
All brands, logos and anagrams displayed on Eastwind Magazines’ site belong to the owner of Eastwind Magazines or to third parties (individuals / companies / other entities with legal personality) that have allowed the mentioned use on Eastwind Magazines.
The use of any element of the Eastwind Magazines’ web pages protected by the law currently in force on industrial property without prior consent by the owner of Eastwind Magazines is forbidden.
In particular, they may not be used: tradenames; signs of establishments; denominations; logos; slogans or any sort of distinctive signs or features belonging to the owner of Eastwind Magazines or belonging to any of the entities, companies or persons who have allowed Eastwind Magazines and their owner using them on the mentioned Eastwind site.
Exemptions and limitations of liability
1.- Eastwind Magazines and their owner, Eva González Fernández, will only be responsible for the services and content directly provided, elaborated and conceived by Eastwind Magazines and conveniently identified as object of industrial and intellectual property rights belonging to Eastwind Magazines or their owner.
2.- Neither Eastwind Magazines nor their owner will be responsible for:
2.1.- Damages -of any nature- that may arise from the provision or offer of products or services that is carried out by third parties or entities through Eastwind Magazines’ website and, in particular both Eastwind magazines and their owner will not be responsible for:
a) Failure to comply with the Law, morals and good uses and practices, as well as for the failure to comply with public order, or for the use by the user of the products and / or services offered in a non-diligent or incorrect way, or in case the user utilize the services or products offered in Eastwind Magazines for illegal purposes or pursuing illegal or dammaging effects or if the Eastwind Magazines’ website/ services are employed by users in a way that is contrary to what is established in this legal warn document or in any specific terms and conditions that might apply to the specific case or user.
b) Infringement of industrial and intellectual property rights.
c) Infringement of the duty of keeping industrial or proffessional secrets.
d) The infringement of the rights to a good will and reputation, to personal and family privacy, and those rights related to the protection of children and youngsters.
e) Carrying out acts of unfair competition.
f) Carrying out illegal advertising or criminal acts or related to the illegal sharing or spread of pornographic contents.
g) The illegal nature, lack of veracity, accuracy, reliability, relevance, actualisation and completeness of the content and information transmitted or made available to users by third parties through Eastwind Magazines’ website, including any information, product and service provided by third parties or by users through the website of Eastwind Magazines.
h) The breach or defective performance or termination for any reason of the contracts signed though Eastwind Magazines’ website by users with third parties for the provision of services, delivery of products or for the breach or deceptive offers to provide services or sale of products by third parties through the websites of Eastwind Magazines.
i) The lack of legal capacity of any user or the illegal impersonation of a third party by the user.
2.2.- In the event that the information included on Eastwind Magazines’ website by a third party or a user, offends others, injures them, damages their right to a good reputation or privacy rights or damages them in any other way. Because in accordance with the rules included in this legal warn document, the users of the Eastwind Magazines’ website are not allowed to upload any information or other contents to Eastwind Magazines’ website that might be considered illegal, immoral, contrary to law and order or just with the aim to cause harm to others.
2.3.- The damages that may arise from the fact that unauthorized third parties might obtain data on the sort, conditions, features and circumstances of access of any user or on the browsing patterns of any user.
Neither will Eastwind Magazines nor their owner be responsible for the use that any user might carry out of the Eastwind Magazines’ website and the information and services included in the mentioned Eastwind Magazines’ website.
Neither Eastwind Magazines nor their owner will be responsible for the breach by users of their duties related to keeping their own personal data safe or related to the personal data of third parties.
2.4.- Damages of any kind that may arise from errors commited by the users in accessing or using the Eastwind Magazines’ website.
Neither Eastwind Magazines nor their owner will be responsible for damages of any kind that may arise from the access or use of the content and services provided through Eastwind Magazines’ website, although both Eastwind Magazines and their owner will make all in their hands to avoid the mentioned damages.
Both Eastwind Magazines and their owner will update and correct the contents if needed, just to mention an example.
Neither Eastwind Magazines nor their owner will be responsible for the lack of availability or continuity of the operation of Eastwind Magazine’s website or the services offered therein.
Neither Eastwind Magazines nor their owner will be responsible for the damages derived from the access or failures in accessing the web pages to which any links included in Eastwind Magazines might lead to or for the damages derived from the third party site linked or caused by failures in those third party web pages linked.
2.5.- Damages or harms of any nature that may be caused due to the information, contents etc. published on sites owned or administrated by users, when there is a link included on Eastwind Magazines’ website that lead to the mentioned site owned by an user.
The links that appear on the website of Eastwind Magazines are just informative. Therefore, neither Eastwind Magazines nor their owner will be responsible for the outcome that any user might expect to obtain by clicking on the mentioned links.
Specifically, neither Eastwind Magazines nor their owner will be responsible for:
a) The availability, accessibility and operation or continuity of the linked sites.
b) The quality, legality, reliability, usefulness, veracity, validity, completeness and / or authenticity of the content included on the linked sites.
c) The maintenance, provision or transmission of the content published on the linked sites.
2.6.- Damages of any kind that may be caused due to viruses, malware etc… in the computers system, electronic documents, or devices belonging to hte user or users’ files.
Neither Eastwind Magazines nor their owner will be responsible for any damages that might be caused by viruses or malware in the services provided or offered by third parties through Eastwind Magazines’ website, especially neither Eastwind Magazines nor their owner will be liable in the event that viruses or other kind of malware in the before mentioned services provided or offered by third parties through Eastwind magazines’ website cause alterations in the computer system, electronic documents or user’s files.
3.- Neither Eastwind Magazines nor their owner will be liable, under any circumstances (including negligent use of the websties by an user) for loss of business, loss of use, loss of profits, loss of data, for indirect, collateral, special or consequential damages that might be caused to other users or third parties by the access or use of Eastwind Magazines’ website made by an user.
4.- The user exempts both Eastwind Magazines and their owner, Eva González, from any liability that might arise as a result of an user’s behavior not complyant with the rules contained in this Legal Warn, Liability Rules and Terms of Use document.
In particular, but not to be considered a closed list, the user exempts both Eastwind Magazines and their owner from any liability that might arise as a result of an user’s behavior non-compliant with the restrictions of use included in this Legal Warn, Liability Rules and Terms of Use document.
Restrictions to the use of Eastwind Magazine's website
1.- The user is allowed to view and read all the contents published on Easwind Magazines’ website for free except those which are published just for pay subscribers.
2.- Only users who have paid for a subscription will have the right to read and view the contents for subscribers, in accordance with the terms and limits of the kind of subscription they have paid for.
3.- The user who has paid for an individual subscription (individual subscriber) agree on not sharing with or providing others with the personal password sent to him/her by Eastwind Magazines in order to have access to the paid content.
If an individual subscriber shares or provides other person his /her personal password, the individual subscriber will lose the right to access the content published on Eastwind Magazines only for subscribers.
In this case, the individual subscriber will not have the right to receive any refund either from Eastwind Magazines or their owner.
In this case Eastwind Magazines will not refund the price of the subscription not consumed by the individual user at the moment in which it is detected that he/she has shared or provided his/her personal password to a third person.
The subscriber must inform Eastwind magazines and their owner as soon as it happens on the loss, or snatch of her/his personal password by others, so that Eastwind can provide him/her with a new personal password and cancel the one lost or snatched.
The subscriber can communicate the loss or snatch mentioned before sending an e-mail to the following address: [email protected].
If the subscriber does not communicate Eastwind Magazines the loss or snatch of his /her personal password Eastwind Magazines may cancel his/ her subscription and will not refund the price of the subscription paid but still not consumed.
4.- Users who have paid for a collective subscription (collective subscribers) will be able to supply the access code/password to the contents to as many readers as allowed under the terms of the collective subscription they have paid.
5.- Both free users and subscribers must abide by the following usage restrictions when browsing Eastwind Magazines’ website:
5.1.- With respect to any of the information, multimedia contents or data, whichever the format in which they are included in the website of the Eastwind Magazines, and with respect to any of the services that may be offered on the website of the Eastwind Magazines at any time (the contents) the user is not allowed to reproduce or copy, distribute, modify, assign or publicly communicate the contents included in the websites of the Eastwind Magazines, unless he/she has the authorization of the holder of the rights on the contents except in de cases that the sharing, distribution, copy, reproduction, modification, or public communication of these contents, is permitted under the Spanish Law.
Users are allowed to share on socialnetworks the contents published on Eastwind Magazines using the buttons to do it, which are placed under the headlines and at the end of the posts showed on Eastwind Magazines’ website.
5.2.- The user is not allowed to use the information and contents contained in Eastwind Magazines’ website with commercial purposes including direct sale.
The user is not allowed to send not requested messages addressed to other people or groups of persons regardless the purpose of the message. The user is not allowed to commercialize Eastwind Magazines’ contents in any way without the permission of the owner of Eastwind Magazines or the holders of the rights on the mentioned contents.
5.3.- The user is not authorized to delete, hide, remove or manipulate the data identifying the rights of Eastwind Magazines or the rights of the owners on the contents published on Eastwind Magazines’ website (eg. trademark, heading, copyright symbols, watermarks or similar marks).
The user is not allowed to remove or manipulate any tech protection measures, devices, fingerprints or any other protection mechanisms put in place by Eastwind Magazines to safegurad their rights or the rights of the owner of Eastwind Magazines on the contents and Eastwind Magazines’ website.
5.4.- The user is not allowed to disassemble, decompile or invert the databases in which the information, data or contents of the Eastwind Magazines website is stored or compilled.
5.5.- The user is not authorized to carry out “spamming” practices while using or as a result of the use of the Eastwind Magazines’ website. The user is not allowed to communicate the information, contents or services included in Eastwind Magazines’ website with commercial purposes (including the direct sale) to other people without the prior request or consent of the owner of Eastwind Magazines.
The user is not allowed to send unrequested messages to others through the website of Eastwind Magazines without the previos consent of the receiver.
The user is not allowed as well to send chains of unrequested electronic messages through the website of Eastwind Magazine without the previous consent of the receivers.
The user is not authorized to carry out any of the behaviours mentioned in this chapter specially if the user employs distribution lists obtained through Eastwind Magazines’ website.
5.6.- The user is not allowed to carry out activities that may be considered illegal, immoral or contrary to law and order. These prohibited activities include, but are not limited to, those listed below:
a) Sending offensive, injurious or threatening communications.
b) Illegal access to third party computer systems.
c) Spreading of computer viruses malware or software intended to cause damage to data or computer systems or to violate the privacy of third parties or to illegally bypass security and / or protection systems.
d) Access to and / or dissemination of child pornography.
e) Activities to defend or promote terrorist activities.
f) Activities to access or facilitate access to and / or dissemination of content of racist or xenophobic nature.
6.- The user is not allowed to use the contents or services included in the website of the Eastwind Magazines to carry out activities that might damage the image of Eastwind Magazines or of their owner, Eva González Fernández.
Legal actions before court
Eastwind Magazines and their owner, Eva González Fernández, reserve themselves the right to take legal actions against the user who violate or infringe the intellectual and industrial property rights on the elements published, displayed or used on Eastwind Magazines’ website.
Especially, Eastwind Magazines and their owner may raise, if needed, legal actions against those who dare to use Eastwind trademark and the eastwind.es or/and eastwindmarketing.es domain names (including subdomains) without the consent of their owner Eva González Fernández.
Eastwind Magazines and their owner, Eva González, may take legal actions against the user who do not abide by the Legal Warn, Responsibility Rules and Terms of Use included in this document.
Jurisdiction and Governing Law
The terms and conditions that regulate the use of the Eastwind Magazines’ website and all the relationships that may arise from their use are governed and protected by the Spanish Law.
Any controversy that may arise from accessing or using the Eastwind Magazines’ website will be settled, if the applicable Law allows it, before the competent courts and tribunals located in Madrid (Spain).
Related Eastwind links:
ADITIONAL WARN: Eastwind Magazines have reviewed and modified this Legal Warn, Liability Rules and Terms of Use on December 20th 2020. The one published on this page is the the latest version of the aforementioned document and includes all the changes introduced on September 29th 2020.
