Legal Notice and Terms Of Use

VICAMA UBACH S,L., whose legal address is no.46, Rector Ubach, Ground Floor, Barcelona, (Spain), registered in the Register of Companies of Barcelona, Volume 20387, Sheet 100, page B-5989, Entry 1 with Company Tax Code B-59430967 provides the website  www.lavieenrosebcn.com (hereinafter, the "Site") to the internet users subject to the compliance with the terms and conditions set forth in this Legal Notice as of the moment that the user access to the Site.

Any person that enters the Site becomes hereby a user of said Site (hereinafter referred as "User" or “you”) and by accessing and using the Site, you agree to be bound by these Terms. You shall have to make sure to review this Legal Notice every time you access the Site, to ensure familiarity with the most current version of the terms as published by VICAMA UBACH, S.L.

Also, the use of the Site is subject to the compliance with all the notices, use regulations and instructions of which VICAMA may inform the User, replacing, completing and/or modifying this Legal Notice.

2. Purpose of the contract

VICAMA UBACH, S,L give the Users  access to a series of contents and services through or from, browsing or otherwise using the Site ("Use"), made available by VICAMA UBACH, S.L. or by a third party.

3. Terms of Use

3.1 Web access free of charge

The access to the Site is provided by VICAMA UBACH, S.L. free of charge for the Users. This notwithstanding, some of the services provided by VICAMA or by a third party through the Site are subject to payment, under the terms and conditions provided in the due Additional Terms and Conditions.

3.2. Age and Legal Access

To enter and use this Site you must be 18 years of age or older (or have reached the legal age to access this kind of content as determined by the local and national laws of the country from which you are accessing this site). THE ACCESS TO THE SITE OF USERS BELOW THE LEGAL AGE IS ABSOLUTELY FORBIDDEN. By entering this site you certify that you are at least of legal age and that you will never make our content available to minors in any way  The User shall consult the corresponding additional terms and conditions that are applicable to each and every service, in order to know the access requirements of those services. The contents and services provided on the Site are only available in the languages referred, and only for the countries and states listed on the Site. Should the User access from a different country or state, the access to the Site and the Use of the contents and services is not permitted.

3.3. Code of Conduct

While using the Site and the Services provided thorough it, the User agrees to comply with all applicable laws, rules and regulations, the provisions of the Legal Notice hereof, the Additional Terms and Conditions applicable to some Services and any other use regulations and instructions provided, as well as morality, generally accepted habits and public order.

In keeping with that resolve, while using the Site you agree not to use any of the Services for any unlawful purpose forbidden in this Legal Notice that goes against the rights and interests of any third party or that restricts, inhibits or otherwise interferes with the Use by any other visitors or Users of the Site, including without limitation any interference with the computers used by VICAMA UBACH, S,L. (by means of "hacking" or defacing any portion of the Site) or those computers belonging to other users or visitors in Internet (hardware and software).

For example, the User specifically agrees, without any kind of limitation, not to upload, submit or transmit any contents, information, messages, graphics, art, sound files and/or images, pictures, recordings, software and, generally speaking, any kind of materials that

(a)go in any way against the Fundamental Rights and the Public Liberties recognized by the Constitution, the Law and the provisions of the International treaties.

(b) include or provide access to products, materials, messages and/or services that are unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable in accordance to law, morality and generally accepted habits and public order.

(c) infringe any third party's intellectual or industrial property rights of any kind, without prior consent of its legal owners.

(d) infringe the right to familiar and personal privacy.

(e) discredit VICAMA UBACH, S.L. or a third party in any way.

(f) violate the regulations on the privacy of communications.

(g) include any unlawful or misleading advertisements or other unsolicited commercial communication that is considered unfair competition.

(h) transmit any software or other materials that contain any virus, or other harmful or disruptive component that can interfere with the normal functioning of VICAMA UBACH, S.L.’s computer system (hardware and software) or the systems of other parties, or damage the electronic documents and files stored in those systems.

(i) due to their attributes, such as format or size, can interfere with the normal functions of the Site.

3.4. Usage of contents.

In accordance to the provision 3.5 hereof, the User agrees to use the contents provided through the site ―without any kind of limitation, texts, photographs, images, icons, technology, software, links an any other audiovisual or audio material, as well was the graphic design and its source code (hereinafter referred to as “Contents”)―, in accordance with all applicable laws, rules and regulations, the provisions of the Legal Notice hereof, the Additional Terms and Conditions of some Services and any other use regulations and instructions provided, as well as morality and generally accepted habits and public order. Specifically, he agrees not to:

(a) post, modify, distribute or reproduce in any way the Contents, without obtaining the prior consent of the owner of the proprietary rights and only if such use is legally permitted.

(b) delete, manipulate or modify in any way the copyright or any other identifying information related to the legal rights of VICAMA UBACH, S.L. or its owners in the watermark or in any other encrypting method used in order to establish that property information.

The user shall not retrieve or attempt to retrieve the Contents by means of applications or other manual or automatic device or process different from those the site has made available along with the Contents or those of common use in the Internet, as long as they do not affect or damage the normal Use of the Site, Services and Contents.

3.5. External links to the webpages and services on the Site.

Users or, generally speaking, anyone who may want to create a link between their webpages and the Site (hereinafter referred to as the “Link") must contact us at info@clublavieenrose.com for permission, and once the link has been approved in writing by VICAMA UBACH, S.L. it can be established, as long as it fulfils the following requirements.

(a) The Link points only to the home page, but cannot reproduce it in any way.

(b) The link, when activated by a User, displays the page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website.

(c) No imprecise, mistaken or misleading indication or manifestation shall me made surrounding VICAMA UBACH, S.L, his managers and staff, the webpages of the Site or the Services provided.

(d) The appearance, position, and other aspects of the Link in the external website shall not hint in any way that VICAMA UBACH, S L. has authorized, sponsored or monitored neither the entity nor its activities or products.

(e) Except those elements and/or signs that are part of the Link itself, the external website shall not include any brand, commercial name, banner, logo, slogan, corporate name or other distinctive signs belonging to VICAMA UBACH, S L.

(f) The external website where the Link is created shall not contain any contents or materials that are unlawful, or contrary to morality, generally accepted habits and public order, or that infringe the rights of a third party.

The creation of the Link does not imply in any case that VICAMA UBACH, S.L. is associated with the external website's owner, not that VICAMA UBACH S.L. endorses or approves its contents or services.

4. NO LICENSE

All the brands, corporate names or distinctive signs whatsoever that appear on the Site belong to VICAMA UBACH S.L. or to third parties. The Use and/or access to the Site does not imply that the User has any kind of right over the aforementioned brands, corporate names or distinctive signs.

Also, all intellectual property rights over the contents belong to VICAMA UBACH S.L, or to a third party, and no exploitation rights thereof are transferred to the User. The User is hereby authorized solely to access the Site and make a normal Use of its contents and Services.

5. GUARANTEE DISCLAIMER AND EXCLUSION OF LIABILITIES

5.1 Guarantee disclaimer and exclusion of liabilities for the Site and Services' functions

5.1.1. Availability and continuity, usefulness and fallibility.

VICAMA UBACH, S.L. does not warrant that the functions and Services of the Site will be uninterrupted. VICAMA UBACH, S.L. shall use its best endeavours to inform of said interruptions on advance. VICAMA UBACH, S.L. does not warrant the usefulness of the Site and Services for any particular activity nor that the Site's functions will be error-free. Especially,  VICAMA UBACH, S.L. hereby refuses any liability for failed access to the web pages of the Site or to those offering Services.

TO THE FULL EXTENT PERMITTED BY LAW, VICAMA UBACH, S.L REFUSES ANY RESPONSIBILITY FOR ALL DAMAGES AND LOSSES OF ANY KIND THAT MIGHT ARISE FROM THE LACK OF AVAILABILITY OR CONTINUITY OF THE SITE AND SERVICES, FROM ANY FAILURE TO MEET THE USEFULNESS EXPECTATIONS THAT THE USER MIGHT HAVE ASSUMED THE SITE AND THE SERVICES SHOULD PROVIDE AND, ESPECIALLY, BUT NOT EXCLUSIVELY, FROM THE FAILURE OF  ACCESS TO THE DIFFERENT WEBPAGES OF THE SITE OR THOSE WEBPAGES PROVIDING THE SERVICES.

5.1.2 Privacy and Security Policy when using the Site and Services

VICAMA UBACH, S.L. complies with the legal requirements set out in the Spanish Personal Data Protection Act, regarding the protection of personal information. However,  VICAMA UBACH, S.L. does not ensure, beyond the obligations set forth in the aforementioned law, the User's Privacy and Security when using the Site. Especially, VICAMA UBACH, S.L. does not warrant that no unauthorized third party might have access and gain knowledge of the type, terms, characteristics and conditions of your Use of the Site and Services.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VICAMA UBACH, S.L REFUSES ANY RESPONSIBILITY FOR ALL DAMAGES AND LOSSES OF ANY KIND THAT MIGHT ARISE FROM ANY KNOWLEDGE AN UNAUTHORIZED THIRD PARTY MIGHT GAIN OF THE TYPE, TERMS, CHARACTERISTICS AND CONDITIONS OF YOUR USE OF THE SITE AND SERVICES.

5.2. Guarantee disclaimer and exclusion of liabilities for the Contents

5.2.1 Quality

VICAMA UBACH, S.L. does not ensure or warrant that the Contents, the Site or the server(s) on which it is hosted are free of viruses or other harmful components for the computer system, electronic documents or files of Users (Hardware and Software).

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VICAMA UBACH, S.L. REFUSES ANY LIABILITY OR ALL DAMAGES AND LOSSES OF ANY KIND THAT MIGHT ARISE FROM THE PRESENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS IN THE CONTENTS, THAT MAY AFFECT THE COMPUTER SYSTEM, ELECTRONIC DOCUMENTS OR FILES OF USERS (HARDWARE AND SOFTWARE).

5.2.2. Legality, reliability and utility

VICAMA UBACH, S.L. does not warrant the legality, reliability and utility of the Contents.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VICAMA UBACH, S.L REFUSES ANY RESPONSIBILITY FOR ALL DAMAGES AND LOSSES OF ANY KIND THAT MIGHT ARISE FROM THE TRANSMISSION, DIFFUSION, STORAGE, DISCLOSURE, RECEPTION, ACCESS OR APPROPRIATION OF THE CONTENTS, ESPECIALLY BUT NOT EXCLUSIVELY, FOR ALL THE DAMAGES AND LOSSES OF ANY KIND THAT MIGHT ARISE FROM:

(A) AN UNLAWFUL CONDUCT AND/OR A VIOLATION OF MORALITY, GENERALLY ACCEPTED HABITS AND PUBLIC ORDER AS A RESULT OF THE TRANSMISSION, DIFFUSION, STORAGE, DISCLOSURE, RECEPTION, ACCESS OR APPROPRIATION OF THE CONTENTS.

(B) A VIOLATION OF ANY THIRD PARTY'S INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS, TRADE SECRETS, CONTRACTUAL SETTLEMENTS, RIGHT TO FAMILIAR AND PERSONNEL PRIVACY, PROPERTY RIGHTS OR OF ANY OTHER KIND WHATSOEVER, AS A CONSEQUENCE OF THE TRANSMISSION, DIFFUSION, STORAGE, DISCLOSURE, RECEPTION, ACCESS OR APPROPRIATION OF THE CONTENTS.

(C) SENDING OF UNSOLICITED AND/OR UNLAWFUL COMMERCIAL COMMUNICATION AND UNFAIR COMPETITION AS A CONSEQUENCE OF THE TRANSMISSION, DIFFUSION, STORAGE, DISCLOSURE, RECEPTION, ACCESS OR APPROPRIATION OF THE CONTENTS.

(D) THE LACK OF ACCURACY, RELIABILITY, EXHAUSTIVENESS, USEFULNESS OR CURRENTNESS OF THE CONTENTS.

(F) THE BREACH, DELAYED COMPLIANCE, OR DEFICIENT COMPLIANCE OR TERMINATION ON ANY GROUNDS OF CONTRACTS CONCLUDED BY AND BETWEEN THIRD PARTIES THROUGH THE CONTENTS OR DERIVED FROM THE ACCESS TO SAID CONTENTS.

(G) ANY KIND OF DEFAULT OR MISTAKE IN THE CONTENTS TRANSMITTED, BROADCAST, STORED, DISCLOSED, RECEIVED AND/OR OBTAINED THROUGH THE SITE AND SERVICES.

5.2.3 Lack of accuracy, truthfulness, exhaustiveness, usefulness or currentness

VICAMA UBACH, S.L. does not warrant the accuracy, truthfulness, exhaustiveness, usefulness or currentness of the Contents.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VICAMA UBACH, S.L REFUSES ANY RESPONSIBILITY FOR ALL DAMAGES AND LOSSES OF ANY KIND THAT MIGHT ARISE FROM THE LACK OF ACCURACY, TRUTHFULNESS, EXHAUSTIVENESS, USEFULNESS OR CURRENTNESS OF THE CONTENTS.

5.3. Guarantee disclaimer and exclusion of liabilities for the Services provided by a third party through the Site

5.3.1 Quality

VICAMA UBACH, S.L. does not ensure or warrant that the Services provided by a third party through the Site are free of viruses or other harmful components for the computer system, electronic documents or files of Users (Hardware and Software).

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VICAMA UBACH, S.L. REFUSES ANY LIABILITY OR ALL DAMAGES AND LOSSES OF ANY KIND THAT MIGHT ARISE FROM THE PRESENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS IN THE SERVICES PROVIDED BY A THIRD PARTY THROUGH THE SITE, THAT MAY AFFECT THE COMPUTER SYSTEM, ELECTRONIC DOCUMENTS OR FILES OF USERS (HARDWARE AND SOFTWARE).

5.3.2. Legality, reliability and utility

VICAMA UBACH, S.L. does not warrant the legality, reliability and utility of the Services provided by a third party through the Site.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VICAMA UBACH, S.L REFUSES ANY RESPONSIBILITY FOR ALL DAMAGES AND LOSSES OF ANY KIND DERIVED FROM THE USE OF THE SERVICES PROVIDED BY A THIRD PARTY THROUGH THE SITE, ESPECIALLY BUT NOT EXCLUSIVELY, FOR ALL THE DAMAGES AND LOSSES OF ANY KIND THAT MIGHT ARISE FROM:

(A) AN UNLAWFUL CONDUCT AND/OR A VIOLATION OF MORALITY, GENERALLY ACCEPTED HABITS AND PUBLIC ORDER AS A RESULT OF THE USE OF THE SERVICES PROVIDED BY A THIRD PARTY THROUGH THE SITE.

(B) A VIOLATION OF ANY THIRD PARTY'S INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS, TRADE SECRETS, CONTRACTUAL SETTLEMENTS, RIGHTS TO FAMILIAR AND PERSONNEL PRIVACY, PROPERTY RIGHTS OR ANY RIGHTS WHATSOEVER, AS A CONSEQUENCE OF THE USE OF THE SERVICES PROVIDED BY A THIRD PARTY THROUGH THE SITE.

(C) SENDING OF UNSOLICITED AND/OR UNLAWFUL COMMERCIAL COMMUNICATION AND UNFAIR COMPETITION AS A CONSEQUENCE OF THE USE OF THE SERVICES PROVIDED BY A THIRD PARTY THROUGH THE SITE.

(D) THE LACK OF ACCURACY, RELIABILITY, EXHAUSTIVENESS, USEFULNESS OR CURRENTNESS OF THE SERVICES PROVIDED BY A THIRD PARTY THROUGH THE SITE.

(E) THE FAILURE TO MEET ANY GENERATED EXPECTATIONS OR ASSUMED PURPOSE BY THE SERVICES PROVIDED BY A THIRD PARTY THROUGH THE SITE.

(F) THE BREACH, DELAYED COMPLIANCE, OR DEFICIENT COMPLIANCE OR TERMINATION ON ANY GROUNDS OF CONTRACTS CONCLUDED BY AND BETWEEN THIRD PARTIES DERIVED FROM SERVICES PROVIDED BY A THIRD PARTY THROUGH THE SITE.

(G) ANY KIND OF DEFAULT OR MISTAKE IN THE SERVICES PROVIDED BY A THIRD PARTY THROUGH THE SITE.

5.4. Guarantee disclaimer and exclusion of liabilities for the data, contents and services hosted outside the Site

The Site contains linking devices (such as Links, Banners, Buttons, etc.), directories and searching engines that make other sites accessible. These sites (hereinafter referred to as “External Sites”) are under control of third parties. The linking devices installed have the sole purpose of making easier for the Users to browse and retrieve the information, contents and services that are available on the Internet.

VICAMA UBACH, S.L. does not offer or sells, on its behalf or by means of others, the data, contents or services provided in the External Sites, nor does VICAMA UBACH, S.L endorse them, supervise them, monitor them, recommend them or claim them as own. Therefore, the User shall be especially cautious when using the information, contents and services provided in the External Sites.

VICAMA UBACH, S.L REFUSES ANY RESPONSIBILITY FOR ALL DAMAGES AND LOSSES OF ANY KIND THAT MIGHT ARISE FROM:

(A) THE FUNCTIONS, AVAILABILITY, ACCESSIBILITY, OR CONTINUITY OF THE EXTERNAL SITES.

(B) THE MAINTENANCE OF THE INFORMATIONS, CONTENTS AND SERVICES EXISTING IN THE EXTERNAL SITES.

(C) THE PROVISION OR TRANSMISSION OF THE INFORMATIONS, CONTENTS AND SERVICES EXISTING IN THE EXTERNAL SITES.

(D) THE QUALITY, LEGALITY, RELIABILITY AND UTILITY OF THE INFORMATIONS, CONTENTS AND SERVICES EXISTING IN THE EXTERNAL SITES, ON THE SAME BASIS AND ACCORDING TO THE SAME TERMS PRESCRIBED IN PROVISIONS 5.2 AND 5.3 HEREOF, REGARDING THE CONTENTS AND SERVICES PROVIDED BY A THIRD PARTY THROUGH THE SITE.

5.5. Guarantee disclaimer and exclusion of liabilities for the Use of the Site, Contents and Services by the User

VICAMA UBACH, S.L. is not responsible and does not supervise the Use of the Site, Contents and Services made by the User. Especially, VICAMA UBACH, S.L. does not warrant that you will Use the Site, Services and Contents in a manner consistent with the Legal Notice hereby and the due Additional Conditions when applicable, nor in a manner that is responsible. Also, VICAMA UBACH, S.L. is not responsible and does not verify that the information provided by the User for the rest of Users are true, accurate, current, and complete.

VICAMA UBACH, S.L REFUSES ANY RESPONSIBILITY FOR ALL DAMAGES AND LOSSES OF ANY KIND THAT MIGHT ARISE FROM THE USE OF THE SERVICES AND CONTENTS BY THE USER, OR FROM THE LACK OF ACCURACY, TRUTHFULNESS, CURRENTNESS OR EXHAUSTIVENESS OF THE PERSONAL INFORMATIONS THAT THE USER PROVIDES FOR OTHER USERS, ESPECIALLY BUT NOT EXCLUSIVELY, FOR ALL THE DAMAGES AND LOSSES OF ANY KIND THAT MIGHT ARISE FROM A THIRD PARTY'S IDENTITY THEFT BY THE USER DURING ANY KIND OF COMMUNICATION THAT TAKES PLACE THROUGH THE SITE.

6. When you use the Site and its webpages, VICAMA UBACH, S.L may use cookies. These cookies are sent to the User's browser and stored on the User's computer's hard drive (as an anonymous user). The cookies are only associated with your computer and do not supply data allowing deduction of your name or surname, nor can cookies read information from the User's computer hard drive or detect cookies created by other parties. Thanks to the cookies, VICAMA UBACH, S.L can facilitate return visits by saving preferences and passwords for the registered Users, who will not have to log in the Site every time they want to access the exclusive areas and Services. The User can configure his/her browser, following the applicable instructions and manuals, to receive an on-screen notification when a cookie is received or to prevent cookies from being installed on the hard drive. It is not necessary to allow cookies from VICAMA UBACH, S.L to use the Site, although if cookies are not allowed, the User will be forced to log in the Site and Services every time the identification is required.

The cookies used on the webpages of the Site can be sent by VICAMA UBACH, S.L, and in these cases the cookies are sent from the different web servers belonging to the latter. Cookies may also be sent from some third party's web servers providing services for VICAMA UBACH, S.L, on the latter's behalf. Cookies that allow the access and the visualization of some pieces of publicity or some particular Contents under given circumstances are examples of that kind of cookies. As long as the Users have not set in their browser's preferences that all cookies should be rejected, it is possible to learn more about the origin server sending the cookies stored in their hard drives, following the applicable instructions and manuals. (The most common scenario in systems operating with Windows is that cookies are stored in Disk Drive:/Windows/Cookies).

7. Procedure in the event of unlawful use of the Site

In the event that the User detects any unlawful use of the Contents or any other activity on the Site or the webpages accessible through the Site, especially an infringement of any intellectual or industrial property rights (patents, industrial designs or models, trademarks and commercial names, etc.) or any other right whatsoever, the User shall notify VICAMA UBACH, S.L. In that notice, you shall include the following information:

(a) personal information of the claimant: full name, address, phone number, and e-mail address.

(b) description of the alleged infringement that has taken place in the Site. Especially when it is a matter of infringement of rights, the claimant shall provide an accurate, specific indication of the protected contents and their location on the Site.

(c) facts and circumstances revealing the unlawful nature of the activity.

(d) in the event of an infringement of rights, a handwritten signature or a document equivalent, along with the personal data of the alleged violated rights' owner, or an authorized representative to act on the owner's behalf.

(f) formal statement in which the claimant clearly declares under his full responsibility that the data provided are accurate and that the described activities and/or contents are unlawful.

8. Notices

Any notice or communication (hereinafter referred to as “Notices”) from the User to  VICAMA UBACH, S.L shall be considered fully effective when e-mailed to the User's Support Service (info@lavieenrosebcn.com).

9. Suspension

VICAMA UBACH, S.L reserves the right to immediately suspend or terminate the Users access to the Site and Services, without notice, upon any breach of this Legal Notice by the User.

10. Duration and termination

The term of access to and use of the Site and Services is indefinite. However, VICAMA UBACH, S.L. reserves the right to terminate or suspend access to or use of the Site and Services at any time, any Additional Terms notwithstanding. Whenever reasonably possible, VICAMA UBACH, S.L. shall issue prior notice of the termination or suspension of access and/or use of the Site and Services.

11. Governing Law

All of the above terms and conditions are subject to Spanish Law.

12. Jurisdiction

To settle any controversy that may arise from the services hereunder, VICAMA UBACH, S.L. and the User submit to the Courts of the city of Barcelona , and expressly waive the jurisdiction of any other court.

 

By entering this site you are confirming that all Terms & Conditions as written to this point are completely read, understood and accepted. If it is so, please click on “Enter”