Legal notice

Notice: this text it's a translation of the original in spanish, for any divergence, discrepance or conflict, you must have to refer to the original.

1. General terms.

1.1. Ownership

Users of the present website are informed that the owner of the website https://www.arcadina.com is the company Arcadina Servicios Informáticos SL, whose address is: C / Major Santa Caterina, 2, Alzira, Valencia, Spain .

Company with VAT number B-97175962 and registered in the Mercantile Registry of Valencia, Volume 7085, Book 4388, Folio 122, Page V-81496, Inscription 1.

1.2. Jurisdiction

The company Arcadina Sistemas Informáticos SL, hereinafter Arcadina, and the Client, renounce their jurisdiction, if any, and submit in case of litigation to the jurisdiction of courts and courts of Alzira - Valencia - Spain

1.3. Resolution

The present General Conditions will be resolved automatically by the extinction of Arcadina, by the presentation of request for bankruptcy, suspension of payments, bankruptcy or cessation of the company's activities.

 

2. Terms and conditions of use of the services provided by Arcadina

2.1. Arcadina client condition

When requesting the services provided by Arcadina, even if this does not imply economic consideration, the client's status is attributed to said website (hereinafter, the Client) and implies the acceptance of all the conditions included in this Legal Notice and the terms and conditions. rules of use.

2.2. Hiring

The contract between both parties, it is understood, Arcadina and its Client, corresponds to the terms of use that appear on this website.

Children under 16 years of age can not register without the consent of their parents.

Each service will have an indefinite duration. The Customer may exercise his right to cancel the service at any time, for this he must communicate it through the client's account in the management panel of his website through the link "request leave", or by making a query in info@arcadina.com and you will be instructed to do so.

The service will remain active until the most recent payment has expired.

Arcadina will not make refunds in proportion to the time from the cancellation request until the expiration of said payment.

The Services are invoiced and renewed monthly or annually according to the contracted plan and the payment will be made through the means of payment that the client has registered at the service's registration, whether it is credit / debit card or bank draft, reserved this last modality to Clients resident in Spain (Iberian Peninsula, Ceuta, Melilla, Balearic Islands and Canary Islands).

The billing of the Services will start from the day that Arcadina activates the contracted Service. Billing for the Services will be made at the Client's expense, in accordance with the prices set or with the corresponding price revisions that were applicable.

It is expressly forbidden for the Client to resell the Services contracted.

In case of cancellation of the contracted service and/or request to transfer the domain to another registrar, if the Client would like to transfer the domain to another registrar and the domain was registered by Arcadina for the Client or the domain was transferred to the registrar managed by Arcadina, the Client must pay Arcadina the current annual renewal fee for the domain.

2.3. Services and prices policy

Arcadina reserves the right to modify prices and specifications of the Services provided, committing itself to not entailing loss of services for the Services already contracted by the Client.

The price of the Services shown on this website includes VAT when indicated. VAT invoicing will only be applied to purchases made by residents in Spain (except Canary Islands, Ceuta and Melilla). For customers of countries belonging to the European Union VAT will also be applied, but there is the possibility of VAT exemption provided that the conditions indicated by the laws in force at all times are met. Purchases made by residents in the rest of the countries of the world will be exempt from VAT.

The current VAT rate will be applied in each country of the European Union when the relevant invoice is issued.

Failure to comply with the rules and conditions of previous use and contracting may lead to the deactivation or even the total cancellation of your service.

Additional charges may be made to the fees corresponding to the services initially contracted for extra benefits, excess consumption of resources, expenses incurred during the processing of the arrangements made by Arcadina, or any other additional service that the client requests or consumes. through Arcadina.

The price of the Services for clients of countries belonging to the European Union are shown and invoiced in euros. The prices for the rest of the countries of the world are shown and billed in American dollars.

2.4. Warranty

The service is provided verified and verified by Arcadina, however if the Customer observes any defect in operation (error or failure), Arcadina undertakes to resolve it free of charge in the shortest possible time.

 

2.5. Arcadina's responsibility

Arcadina is committed to making the maximum effort in maintaining an acceptable level in compliance with its obligations, cited in this legal notice.

Arcadina will only be liable for any damages that the User may suffer as a result of the use of the web service when said damages are attributable to a malicious act of this company.

The User acknowledges and accepts that the use of the Service, and in particular the publication of opinions, content, images and videos, as well as the provision of the Services offered therein, is carried out at his / her own risk and responsibility.

Arcadina is not responsible for the veracity, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it, nor for the decisions taken from said information or the damages it may cause.

Arcadina does not guarantee the absence of third-party elements that may cause alterations in the Client's computer equipment and applications. Arcadina expressly declines all responsibility in relation to the introduction into the Customer's equipment and / or systems of computer programs, applications or third-party materials that contain a sequence of instructions or indications that may cause harmful effects to the user's computer system.

The responsibility of Arcadina will be limited to the maximum amount that the client has paid in the last 12 months.

2.6. Intellectual property

The Intellectual Property of the dinaCMS software and the web designs used by the clients is solely and exclusively of Arcadina.

This intellectual property covers the computer program, its source code, the structure of its database, the designs, layout, color schemes, and the CSS and JavaScript code that make up the Client's website.

The reproduction, transmission to another computer equipment, modification, adaptation, maintenance, correction of errors, assignment, sale, lease, loan, assignment of use neither partial nor total, transmission of the right of use, disclosure, is expressly prohibited by the Client. publication, etc., of the licensed computer program, with the logical exception of use by direct employees of the Client.

Also, in everything that has not been expressly regulated in this contract, the parties refer to what is established by Intellectual Property legislation.

Arcadina reserves the right to make updates, modify the presentation, configuration and operation of the dinaCMS computer program and its web designs.

2.7. Ownership and content rights

All material used on the website (photos, images, videos, music, texts, etc.) must be the property of the administrator of the site or have the relevant permissions and rights of public reproduction.

Arcadina will not be in any case responsible for the illegalities committed by the Client in the use of the service, nor for the lack of permits or rights of the published material.

All material and documentation that the Client provides to Arcadina (photos, images, videos, music, texts, etc.), will be used for the sole purpose of carrying out the contracted service. It will not be used for commercial or advertising purposes for the benefit of Arcadina without the prior consent of the Client.

2.7.1. Material supplied by Arcadina

The graphic assets and commercial content provided by Arcadina may only be used by Arcadina's customers through our platform or in their usual marketing media. It is expressly forbidden to use them for any other purpose or by any other person or company outside Arcadina.

2.8. General rules of use

The User undertakes to use this Website Service in a diligent, correct and respectful manner, especially when publishing opinions, comments or photographic work ("images") or audiovisual ("videos").

Likewise, it is bound by a merely enunciative title not to publish images or not to make comments or actions:

  1. Defamatory, inaccurate, false, abusive, abusive, obscene, irreverent, offensive, insulting, tacit or expressly sexual, threatening, harassing, racist, sexist, discriminatory for any reason, that violate the moral, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and in general current regulations, and / or illegal or infringing rights of third parties (eg, industrial and intellectual property rights, rights of privacy or publicity) .
  2. Transmitters of junk mail, "SPAM", messages for commercial purposes, "chain letters" or unsolicited mass mailings, false, deceptive or promote illegal activities or rude, threatening, obscene, defamatory or libelous conduct.
  3. That they provide practical information about illegal activities.
  4. That involve any commercial activity, advertising or sales, even if there is no monetary consideration.
  5. Containing personal data about third parties that require the consent of the owner or holder of the rights.

The User shall be liable to Arcadina or to any third party for any damages that may be caused as a result of the breach of said obligation. Arcadina does not intervene the contents of the Users.

2.9 Shop and customer area products

Arcadina provides an online shop so that the client can purchase images that the photographer has taken. These images can be displayed in public albums or in private albums, depending on the features contracted with Arcadina.

Arcadina provides a service so that some of the printed formats are supplied directly by photographic laboratories with which an agreement has been reached, but it is the photographer's responsibility to ensure that the images meet the minimum characteristics for correct printing.

Product returns and refunds

Arcadina will not be responsible for the return or refund of products to the end customer. All returns and refunds will depend on the policies of each laboratory, and must be previously approved by Arcadina and the laboratory. However, Arcadina will make every effort to resolve complaints and requests for refunds in the best possible way.

In no case may the refund exceed the amount that the photographer has paid to the laboratory for the returned product. Shipping costs will not be refunded in any case.

Deadlines

Returns will only be processed within a maximum period of 15 days from receipt of the products by the end customer.