Yennert Suarez, responsible for the website, hereinafter referred to as the RESPONSIBLE, makes this document available to users in order to comply with the obligations stipulated in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), and to inform all users of the website about the conditions of use.
Anyone who accesses this website assumes the role of user, committing to the rigorous observance and compliance with the provisions set forth herein, as well as any other applicable legal provision.
Yennert Suarez reserves the right to modify any type of information that may appear on the website, without any obligation to notify users in advance, with publication on the Yennert Suarez website being understood as sufficient.
1. IDENTIFICATION DATA
Business name: Yennert Suarez
Address: Cr 37#95 D- 11 segundo piso, barrio la Enea, Manizales-Caldas-Colombia 170003
Email: Yennertsuarez@gmail.com
2. PURPOSE
Through the website, we offer users the possibility to access information about our services.
3. PRIVACY AND DATA PROCESSING
When accessing certain content or services requires providing personal data, users will guarantee its truthfulness, accuracy, authenticity, and validity. The company will give such data the automated treatment that corresponds to its nature or purpose, as indicated in the Privacy Policy section.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
The User acknowledges and accepts that all contents displayed on the website, especially designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights and all brands, trade names, or distinctive signs, all industrial and intellectual property rights over the contents and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User commits not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such contents, holding the company harmless from any claim arising from the breach of such obligations.
In no case does access to the website imply any waiver, transmission, license, or total or partial assignment of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant users any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the website and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for this purpose by the company or the third-party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing in this Space, as well as the Space itself as a multimedia artistic work, are protected as copyright by intellectual property law. The company is the owner of the elements that make up the graphic design of the website, menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the website, or in any case, it has the corresponding authorization for the use of such elements. The content provided on the website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the aforementioned Entity.
It is also prohibited to remove, evade, and/or manipulate the «copyright» as well as technical protection devices, or any information mechanisms that may be contained in the contents. The User of this website commits to respect the rights stated and to avoid any action that could harm them, reserving the company in any case the right to exercise any legal means or actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
The User commits to:
– Make proper and lawful use of the website and its contents and services, in accordance with: (i) applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.
– Provide all the technical means and requirements necessary to access the website.
– Provide truthful information when filling out personal data forms contained on the website and keep them updated at all times so that they reflect the real situation of the User at all times. The User will be solely responsible for false or inaccurate statements made and for the damages caused to the company or third parties by the information provided.
However, as established in the previous section, the User must also refrain from:
– Making unauthorized or fraudulent use of the website and/or its contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overburden, deteriorate, or prevent the normal use of the services or documents, files, and all kinds of content stored in any computer equipment.
– Accessing or attempting to access restricted areas of the website without meeting the required conditions for such access.
– Causing damage to the physical or logical systems of the website, its suppliers, or third parties.
– Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, suppliers, or third parties.
– Attempting to access, use, and/or manipulate data from the company, third-party suppliers, and other Users.
– Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.
– Deleting, hiding, or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.
– Obtaining and attempting to obtain the contents employing means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those that are usually used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
In particular, and merely as an indication and not exhaustive, the User agrees not to transmit, disseminate, or make available to third parties any information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that: • In any way is contrary, disparages, or violates the fundamental rights and public liberties recognized constitutionally, in International Treaties, and other current legislation. • Induces, incites, or promotes criminal, denigratory, defamatory, violent actions or, in general, actions contrary to the law, morals, good customs generally accepted, or public order. • Induces, incites, or promotes actions, attitudes, or discriminatory thoughts based on sex, race, religion, beliefs, age, or condition. • Incorporates, makes available, or allows access to criminal, violent, offensive, harmful, degrading products, elements, messages, and/or services, or, in general, contrary to the law, morals, and good customs generally accepted, or public order. • Induces or may induce an unacceptable state of anxiety or fear. • Induces or incites to engage in dangerous, risky, or harmful practices for health and mental balance. • Is protected by intellectual or industrial protection legislation belonging to the company or to third parties without having been authorized the intended use. • Is contrary to honor, personal and family privacy, or the self-image of individuals. • Constitutes any type of advertising. • Includes any type of virus or program that prevents the normal functioning of the website.
If access to some of the services and/or contents of the website is provided with a password, the User is obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, committing not to transfer it to third parties, either temporarily or permanently, nor to allow access to the mentioned services and/or contents by outside persons. Likewise, it is obliged to notify the company immediately of any fact that may involve improper use of its password, such as, by way of example, its theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Consequently, while not making the aforementioned notification, the company will be exempt from any liability that may arise from the improper use of its password, being its responsibility for any illicit use of the contents and/or services of the website by any illegitimate third party. If negligently or intentionally fails to comply with any of the obligations established in these General Conditions of Use, it will be liable for all damages that may result from such breach for the company.
6. RESPONSIBILITIES
Continuous access or correct viewing, downloading, or use of the elements and information contained on the website may be impeded, hindered, or interrupted by factors or circumstances beyond its control. It is not responsible for decisions that may be taken as a result of accessing the contents or information offered.
The service may be interrupted, or the relationship with the User may be resolved immediately if it is detected that a use of its website, or any of the services offered therein, is contrary to these General Conditions of Use. It is not responsible for damages, losses, claims, or expenses arising from the use of the website.
It will only be responsible for removing, as soon as possible, the contents that may generate such damages, provided that it is notified. In particular, it will not be responsible for damages that may arise, among others, from:
– Interferences, interruptions, failures, omissions, telephone malfunctions, delays, blockages, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in telecommunication lines and networks, or any other cause beyond the company’s control.
– Il
legitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
– Improper or inappropriate use of the website.
– Security or navigation errors caused by a malfunction of the browser or the use of outdated versions of the same. The website administrator reserves the right to withdraw, totally or partially, any content or information present on the website.
The company excludes any liability for damages of any kind that may be due to the misuse of the services freely available and used by website users. It is also exempt from any responsibility for the content and information that may be received as a consequence of the data collection forms, being the same only for the provision of consultation and doubt services. On the other hand, in case of causing damages for an illicit or incorrect use of such services, the user may be claimed by the company for the damages or losses caused.
You will defend, indemnify, and hold the company harmless against any damages arising from claims, actions, or demands from third parties as a consequence of your access or use of the website. Likewise, you agree to indemnify against any damages arising from your use of «robots,» «spiders,» «crawlers,» or similar tools used to collect or extract data, or any other action on your part that imposes an unreasonable burden on the operation of the website.
7. HYPERLINKS
The User undertakes not to reproduce in any way, even through a hyperlink, the website, as well as any of its contents, unless expressly authorized in writing by the file manager.
The website may include links to other websites managed by third parties, in order to facilitate the User’s access to information from collaborating companies and/or sponsors. Accordingly, the company is not responsible for the content of such websites, nor is it in a position of guarantor and/or party offering the services and/or information that may be offered to third parties through third-party links.
The User is granted a limited, revocable, and nonexclusive right to create links to the main page of the website exclusively for private and non-commercial use. Websites that include a link to our website (i) may not imply that we recommend that website or its services or products; (ii) may not misrepresent their relationship with the company or affirm that we have authorized such a link, nor include brands, denominations, trade names, logos, or other distinctive signs of our company; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race, or religion, contrary to public order or illegal; (iv) may not link to any page of the website other than the main page; (v) must link to the website’s own address, without allowing the website making the link to reproduce the website as part of its website or within one of its «frames» or create a «browser» on any of the website pages. The company may request, at any time, to remove any link to the website, after which it must be immediately removed. The company cannot control the information, contents, products, or services provided by other websites that have established links to the website.
Consequently, the company does not assume any responsibility for any aspect related to such websites.
8. DATA PROTECTION
To use some of the Services, Users must previously provide certain personal data. The company will automatically process these data and apply the corresponding security measures, all in compliance with GDPR, LOPDGDD, and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of previously established purposes, under the conditions defined in the Privacy Policy.
9. COOKIES
The company reserves the right to use the «cookie» technology on the website, to recognize you as a frequent User and personalize the use you make of the website through the pre-selection of your language or more desired or specific contents. The cookies used by the website, or the third party acting on its behalf, are associated only with an anonymous user and their computer and do not themselves provide the user’s personal data.
Cookies are files sent to a browser by a web server to record the User’s browsing on the website when the User allows their reception. In turn, you can delete the cookies for which you should consult the instructions of your browser for this purpose.
Thanks to cookies, it is possible for the company to recognize the browser of the computer used by the User in order to provide content and offer the User’s browsing or advertising preferences, to the demographic profiles of the Users, as well as to measure the visits and traffic parameters, monitor the progress and number of entries.
10. DECLARATIONS AND WARRANTIES
In general, the contents and services offered on the website are for information purposes only. Therefore, by offering them, no warranty or declaration is given regarding the contents and services offered on the website, including, but not limited to, warranties of lawfulness, reliability, usefulness, truthfulness, accuracy, or marketability, except to the extent that such declarations and warranties cannot be excluded by law.
11. FORCE MAJEURE
The company will not be responsible at all if it is impossible to provide service, if this is due to prolonged interruptions in the supply of electricity, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and, in general, all cases of force majeure or fortuitous events.
12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Conditions of Use, as well as the use of the website, will be governed by Spanish law. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of the registered office of the person responsible for the website.
In the event that any provision of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity will not make these General Conditions of Use unenforceable or void as a whole. In such cases, the company will proceed to modify or replace the provision with another that is valid and enforceable and that, to the extent possible, achieves the objective and claim reflected in the original provision.