1. LEGAL NOTICE AND APPROVAL

This document regulates the use of the Internet website www.lavinoteca.org LA VINOTECA, which La Vinoteca Virtual S.L. provides its Internet users, with a C.I.F of B01357813 and enlisted in the Registro Mercantil of Alava, Tomo 1117, Folio15, Hoja VI-9689 located in C/ Rua Mayor de Peralta 13, Laguardia, Alava.

The use of LA VINOTECA confers the title of User and implies the complete acceptance of each and every one of the dispositions included in this Legal Notice as well as in the General and Specific Terms and Conditions of Use, which apply in every moment the User accesses the LA VINOTECA, so if the User does not accept any of the conditions established here, s/he should not access this Website.

LA VINOTECA´s administrator reserves the right to modify any of the present General Terms and Conditions of Use, Instructions or warnings resulting from its business applications. LA VINOTECA´s administrator also reserves the right to suspend, interrupt, or stop operation of LA VINOTECA at any moment. As a consequence, the user should clearly and thoroughly read the present document in its entirety, whenever s/he plans on using LA VINOTECA, since it can being modified at any moment.

Any physical or legal resident of Spain or living in other of the European Union´s countries or outside of the European Union should make sure that they are in conformance with their own legislation when accessing and using LA VINOTECA, as well as any content it offers. In any case, the access and use of LA VINOTECA by the a User not residing in Spain is understood as under his/her own responsibility, exonerating the administrator of LA VINOTECA of any responsibility legally permitted by the applicable legislation.

2. AIM

Through LA VINOTECA, the administrator of the previous facilitates the access to the Users of various contents, services, information and data (the “Content”) at the disposable of the Users by the Website’s administrator or through third party service and content providers. LA VINOTECA´S administrator reserves the right to modify at any time the presentation, configuration and location of the Website , as well as the content and required conditions of use. In general, the use of Services does not require previous user subscription or registration. However, LA VINOTECA´S administrator can condition the use of some of the services as well as the access to specific content, for those who wish to register in the Bulletin Boards or any other scripts that require user information.

3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE

3.1 Access and use of LA VINOTECA. The user understands and accepts that the access and use of the Website and/or its Content is under his/her own conscious free will and exclusive responsibility. Accessing the Website and/or its Contents does not imply any type of guarantee with respect to LA VINOTECA´s or its Content´s suitability to private ends or specific to the user. LA VINOTECA´s administrator can establish additional limits and/or conditions for the use and/or access of LA VINOTECA and /or its Content, thus the User should always recheck them.

All the information introduced by the User must be truthful. In this context, the User guarantees the authenticity of all the information introduced through the various forms necessary for subscription to the Services, access to the content or restricted areas of LA VINOTECA. In the same manner, it is the User’s responsibility to always maintain all the information given to LA VINOTECA´s administrator up-to-date with regards to the User’s current situation. The User will always be responsible for any false or inexact information introduced, and for any repercussions caused to the administrator of LA VINOTECA or any third parties provided.

Under-age Users must have their parent’s or legal guardian’s permission previous to using the offered Services, and s/he (legal guardian) will be responsible for all actions taken by the under-age user. The responsibility of any consequence from accessing the Content and Services fully lies on the legal guardians of the under-age user. Since the Internet allows access to content not suitable for children under-age, we must notify the Users that there are certain computer programs that filter and block certain content, and even though they are not completely fool-proof, they may be useful for controlling and restricting the material accessed by under-age users.

3.2 Authorized use of LA VINOTECA and its Contents. The content accessed by the User is specifically aimed towards person´s of age whom according to the applicable legislation, have the full capacity under the law to access products pertaining to wine. Access to this content by those who do not fulfil these requiremente is strictly prohibited. If the User does not fulfil any of those requirements, s/he is obligated to exit the website, disconnect or not access the content displayed on clicking the icon following the Terms and Conditions of Use.

The content accessed by the User is specifically aimed towards person´s of age whom according to the applicable legislation, have the full capacity under the law to access products pertaining to wine. Access to this content by those who do not fulfil these requiremente is strictly prohibited. If the User does not fulfil any of those requirements, s/he is obligated to exit the website, disconnect or not access the content displayed on clicking the icon following the Terms and Conditions of Use.

The User must promise to adequately and lawfully use LA VINOTECA and its Contents in accordance with the applicable legislation, LA VINOTECA´s General Conditions of Use and the common sense and customs generally accepted by the public order. The User must abstain from:

1. Non-authorized or fraudulent use of LA VINOTECA and / or its Contents with unlawful consequences, acts prohibited in this Legal Notice, acts adversely affecting the rights and interests of third parties, or acts that may in any way damage, impair, overload, or deteriorate the normal use of Services, IT equipment or documents, files and any other form of content stored in the IT equipment.

2. Accessing or intending to access LA VINOTECA´s restricted areas without fulfilling the required conditions of access.

3. Causing damage to LA VINOTECA´s physical or logistical equipment, its providers or related third parties.

4. Introducing or spreading computer virus´ through the internet or any other physical or logistical system capable of causing damage to LA VINOTECA´s administrator’s, provider’s or related third parties´ hardware or logistical systems.

5. Intending to access, use and / or manipulate LA VINOTECA´s administrator’s or third party provider’s and other users´ information.

6. Copying, distributing, allowing public access through any public medium or transforming or modifying the Contents unless they are authorized to do so by the rightful owner or where it is legally permitted.

7. Deleting, hiding or manipulating intellectual or industry copyright notices as well as any other notice identifying the rights of LA VINOTECA´s administrator or third parties incorporated in the Contents. That includes any information device that can be inserted into the Contents.

8. Obtaining or intending to obtain any Contents in a manner contrary to that expressed in the web pages where the Content is displayed, or in any other manner not normally used on the Internet that may create a harmful risk or incapacitate the website and/or its Contents.

In particular, to name some but not all cases, the User must promise to not transmit, disperse or provide to third parties information, data, content, messages, images, drawings, sound and / or image files, photos, recordings, software, and in general, any material that:

(a) In any way contradicts, undervalues or attempts to limit the fundamental constitutional rights and liberties as well as those stated in international treaties and other legislations.

(b) Instigates, incites or promotes criminal, degrading, defaming, disgracing or violent behaviours or any act breaking the law and general public order.

(c) Instigates, incites or promotes discriminatory behaviour or attitudes in terms of sex, race, religion, beliefs, age or any other condition.

(d) Incorporates, exhibits or allows access to products, elements, messages and or criminal, violent, offensive, harmful, degrading services or any other service that breaks the law or the general public order.

(e) Instigates or could induce a state of anxiety or panic.

(f) Instigates or incites the involvement in dangerous, high risk or harmful, unhealthy or psychologically unbalanced behaviours.

3.3 Inserting Links. Those Users wishing to create a link or connection between their website and LA VINOTECA´s administrator’s website (the “Link”) must obtain previous authorization from the Administrator by presenting a request to the following email: lavinoteca@lavinoteca.es, and fulfil the following requirements:

1. The Link will only permit access to the Website, and copy it in any form.

2. No links can be established between other pages that are not the website’s ("homepage").

3. No frame or border environment can be created over the Website.

4. No false, inexact or misleading statements or indications can be made about the Website.

5. No statement can be made claiming that LA VINOTECA´s administrator has supervised or accepted in any way the contents or services offered or advertised in the website establishing the Link.

6. The website establishing the Link cannot display any brand, commercial mark, organizational sign, appellation, logo, slogan or other distinctive marks pertaining to LA VINOTECA´s administrator.

7. The website establishing the Link may not contain illicit information or contents counter to the good of the general public order or counter to any third parties. Establishing a link does not in any circumstance create a relationship between LAVINOTECA´s administrator and the owner of the website establishing the link nor does it entail the administrator’s awareness, agreement and / or the acceptance of the content and/ services of the establishing website. LA VINOTECA´s administrator is not responsible for any adverse affects toward a third party because of the establishing of a link, not the content, information and/or services offered on the website establishing the link.

4. RESTRICTED ACCESS AREA

In order to access the restricted access area the Users must register previously by filling out a form (the “Registration Form”) that appears in LA VINOTECA. LA VINOTECA´s administrador reserves the right to freely accept or deny the registration request of any User. The information introduced by the Users in the Registration Form must be exact, current and truthful at all times, and will be processed by LA VINOTECA´s administrator the manner described in the privacy policy.

The Registered Users will at all times be responsible for the safekeeping of the password, and assume the consequences for any damage or harmful consequences that can occur from improper use like revealing, losing or exchanging it. In this way, the use of the restricted access area and/or its Contents under the Registered User’s password will be reputed to the mentioned Registered User, whom is completely responsible for the access and use. The Registered Users can modify their password at any time only in the manner described in LA VINOTECA. If the password is forgotten or any other incident creating a risk of unauthorized access and / or use by a third party, the Registered User must immediately inform LA VINOTECA´s administrator in order to immediately block and change the password.

5. INTELLECTUAL AND INDUSTRY PROPERTY RIGHTS

The User understands and accepts that all of the intellectual and industry property rights of LA VINOTECA´s contents and / or any other object (including brands, commercial marks, texts, images, graphic designs, sounds, databases, softward, flow charts, presentations, “look-and-feel,” audio and video) belong to LA VINOTECA´s administrator and or a third party. In no case does access to LA VINOTECA imply a complete or partial renunciation, transfer, license or exchange of these rights unless explicitly stated. These Terms and Conditions of Use do not confer any other rights of use, alteration, exploitation, reproduction, distribution or public communication of LA VINOTECA and / or its Contents that are not stated here in this notice. Any other use or exploitation of these rights is subject to previous authorization granted by LA VINOTECA´s administrator or another third party in charge of the affected rights.

LA VINOTECA´s administrator authorizes Users to use, see, print, download and store the Contents and / or the presented elements in LA VINOTECA exclusively for personal, private or non-lucrative activities; but always indicating its origin, and / or author and when necessary, displaying the copyright symbol and / or the owner’s industry property rights notice. The use, reproduction, reporting and / or distribution for commercial or lucrative purposes of any of its Content is categorically prohibited, as well as is any modification, alteration or distribution. Written authorization from the owner of the property rights is necessary for any other use different from that clearly permitted.

6. PRIVACY POLICY

To use some of the Services or to access some of the contents the Users must previously submit personal information to LA VINOTECA´s administrator.

LA VINOTECA takes great care in ensuring security and confidentiality of all the information submitted by our clients.

The moment a client registers with our services or makes an order, his/her personal information, address or payment information, are incorporated into our database only to fulfil our order or to send special offers or services that may be of interest to him/her.

LA VINOTECA assures complete confidentiality of the information submitted by our clients, and guarantees that in no case will this information be shared with other third parties not associated with our group.

Spanish Privacy Protection Act: LOPD..

In fulfilment with the Spanish Ley Orgánica 15/1999 de 13 de Diciembre, de Protección de Datos de Carácter Personal, any LA VINOTECA client can exercise their right to access, correct, cancel or challenge them by accessing their account in LA VINOTECA or with a written letter to La Vinoteca Virtual S.L., C/Rua Mayor de Peralta 13, 01300 Laguardia, Álava or by email to: lavinoteca@lavinoteca.org.

7. COOKIES

The User understands and accepts that LA VINOTECA´S administrator can use cookies when s/he accesses LA VINOTECA. The Websites administrator’s cookies are associated only with an anonymous user and his/her computer and do not contain references allowing them to access personal information from the User. The User can configure their navigator to notify and reject the installation of cookies sent by LA VINOTECA, without limiting the ability of the User to access the Content.

8. GUARANTY AND RESPONSIBILITY EXCLUSIONS

8.1. Exclusions of guarantees and responsibility of the websites proper functions. LA VINOTECA´s administrator does not guarantee the availability and continual functioning of LA VINOTECA or of those web sites with which they have established a Link. So LA VINOTECA´s administrator is not responsible for any damage caused by the following:

1. The lack of availability or access to LA VINOTECA or to those sites with which they have established a Link.

2. The interruption of operation of LA VINOTECA as well as computer errors, telephony problems, disconnections, delays or blocks caused by deficiencies or telephone, Internet, or other electronic system overloads.

3. LA VINOTECA´s lack of suitability with the Users specific needs.

4. Other damage that can be caused by third parties who interfere without the authorization or control of LA VINOTECA´s administrator.

With the aim of diminishing the risk of a virus infection in the Website, LA VINOTECA´s administrator uses virus detection programs to control all the Content that is introduced into LA VINOTECA. However, LA VINOTECA´s administrator does not guarantee the absence of viruses or other elements introduced by third parties into LA VINOTECA that can alter the hardware or logistical systems of the Users or their electronic documents or files stored in its system. As a consequence, LA VINOTECA´s administrator is not responsible for any damage or problems derived from the previously mentioned third party access caused by the presence of viruses or other elements that can cause alterations to the User’s hardware or logistical systems, electronic documents or files.

8.2 Exclusions of guarantees and responsibility for the User’s use of the services and contents Website. LA VINOTECA´S administrator will not in any case be held responsible for the use of LA VINOTECA´s Contents by the Users or other third parties, nor for the damage or harm done from these. LA VINOTECA´s administrator is not obligated to control, nor will s/he control the way in which LA VINOTECA or its Services is used by the User´s. Specifically, LA VINOTECA´s administrator does not guarantee that the User´s of LA VINOTECA and its Services and Contents will use them in accordance with this Legal Notice and /or the Specific Conditions resulting from its application, nor that they will do so scrupulously and prudently. LA VINOTECA´s administrator is NOT obligated to verify or not verify the identity of the Users, nor their honesty, validity, completeness and / or the authenticity of the information submitted by the User to the administrator and other Users.

LA VINOTECA´s administrator is not responsible for whatever damage and harm due to the User´s use of the services and the contents or due to the lack of truthfulness, validity, completeness and / or authenticity of the information that the User´s submit informing about themselves or in specific, but not exhaustively, for any damage or harm due to the falsification of identity by a third party of a user in any type of communication completed through the website.

8.3 Exclusions of guarantees and responsibility for the Contents. LA VINOTECA´s administrator does not edit the Contents from third parties published on the Website, so s/he does not guarantee nor is responsible for its Content being legal, trustworthy, useful, truthful, exact or complete and up-to-date. LA VINOTECA´s administrator is not in any case responsible for any damage or harm derived from:

1. Illegal, non-trustworthy, useless, false, inexact, incomplete and /or out-dated third party Contents.

2. Contents that do not meet their expectations or that are not adequate for whatever other purpose.

3. Decisions or actions made or not made by the User based on the information displayed or provided by the Contents, including the loss of any benefits or business opportunities.

8.4 Exclusions of guarantees and responsibility for Links. LA VINOTECA allows the User´s access to technical links, directories and search engines that allow the user to access other pages and / or websites pertaining to and /or managed by third parties. LA VINOTECA´s administrator does not examine the content of each of these pages at each click on a link but establishes the link on good faith supposing that the contents comply with the applicable legislation. However, in no case is LA VINOTECA´s administrator responsible for, nor checks or makes, the products, services, contents, information, data, files or any other type of material on these web pages nor is he responsible for checking or making the continual modifications of the mentioned material.

LA VINOTECA´s administrator does not guarantee nor assumes any type of responsibility for the damage and harm derived from:

(A) The proper functioning, availability, accessibility or continual service of the linked websites;
(B) The maintenance of the information, contents and existing services of the linked websites;
(C) The exchange or transmission of information, contents or services of the linked websites;
(D) The quality, legality, trustworthiness and usefulness of its informational contents and services of the linked websites, and the same goes for contents and services allowed by third parties through LA VINOTECA.

In any suitable moment or because of a judicial or administrative order, LA VINOTECA´s administrator will remove the link from those pages that infringe on the applicable legislation and/ or harm any third parties.

9. THE PROHIBITION OF UNSOLICITED COMERCIAL COMMUNICATION THROUGH EMAIL OR OTHER ELECTRONIC MEDIUMS: ANTI-SPAMMING
The Service or contents Provider is obliged not to:

1. Collect the users data with the purpose of advertising nor send advertisements of any sort or any communication with the aim of sales or in any other commercial nature without the previous consent or request.

2. Send whatever other types of unsolicited messages without previous consent.

3. Send unsolicited or non-consented electronic chain messages.

4. Use distribution lists available through the Services.

5. Give third parties any information received from the distribution lists, with whatever aim.

10. ACTIONS TO BE TAKEN IN CASE OF A BREACH OF CONTRACT

LA VINOTECA´s administrator reserves the right to take as many actions legally available to him/her to demand the responsibilities derived from the User´s breach of contract of whichever of the provisions in LA VINOTECA´s General Terms and Conditions Notice. LA VINOTECA´s administrator can at any moment and without previous notice deny or suspend Service to those users that do not comply with the present Legal Notice and Terms and Conditions of Use.

11. PARTIAL NULLITY

If any of these general terms and conditions are declared null, invalid or ineffective, the validity of the remaining conditions will not be affected and will continue to be linked within its provisions. The resignation at any moment of any of the provisions of this general terms and conditions does not imply the general resignation of another/s conditions, nor will it create an acquired right for the other provision.

12. APPLICABLE LAWS AND JURISDICTION

Both parties will be present in the Spanish consumer protection system´s Sistema Arbitral de Consumo resolution of the user´s non-judicial demands against LA VINOTECA´s administrator.

LA VINOTECA´s services as web as these General Terms and Conditions of Use are ruled by the Spanish Law, 34/2002 of July 11th, Servicios de la Sociedad de la Información y de Comercio Electronico, as well as any other corresponding norms. As much as the law permits, the parties, with express resignation to whomever else may correspond, agree to submit themselves to the jurisdiction of Alava´s Court and Tribune (la Jurisdicción de los Juzgados y Tribunales de Alava) in the case of any divergences in the interpretation and application of the present Terms and Conditions of Use.