Access, navigation and use of the website www.allucinant.com (hereinafter, the “Website”) implies the express and unreserved acceptance of all the terms of this Legal Notice.
Its observance and compliance will be enforceable with respect to any person who accesses, browses or uses the Website.
Owner: María José Reyes (hereinafter, the “Owner”)
Address: Plaça Mañe i Flaquer, Barcelona, Spain
This Legal Notice regulates the access, navigation and use of the Website, without prejudice to the fact that the Owner reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access and/or use. The access and/or use of the Website after the entry into force of its modifications or changes implies acceptance of the same.
However, access to certain content and the use of certain services may be subject to certain particular conditions, which will in any case be clearly displayed and must be expressly accepted by the User. These particular conditions may replace, complete or, where appropriate, modify those established in this Legal Notice.
ACCESS AND REGISTRATION
Access to and use of the Website does not require registration. However, accessing and browsing the Website implies that the User accepts it in its entirety and undertakes to fully comply with this Legal Notice, as well as the instructions or recommendations indicated in each specific case through the Website.
In any case, access and navigation on the Website by minors under fourteen (14) years of age is prohibited, unless they have the prior and express authorization of their parents, guardians or legal representatives, who will be considered as responsible for the acts carried out by the minors in their charge, in accordance with current regulations. In any case, it will be presumed that the access made by a minor to the Website has been made with the prior and express authorization of their parents, guardians or legal representatives.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Owner is the owner or, where appropriate, has the corresponding licenses on the exploitation of intellectual and industrial property necessary to operate the Website, as well as all of the content offered therein, including the Website itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it.
In no case will it be understood that the access, navigation and use of the Website by the User implies a waiver, transmission, license or total or partial transfer of said rights by the Owner. The User has a right to use the contents and/or services of the Website within a strictly domestic environment and solely for the purpose of enjoying the services provided in accordance with this Legal Notice.
References to trademarks or registered trade names, or other distinctive signs, whether owned by the Owner or third parties, imply the prohibition on their use without the consent of the Owner or their legitimate owners. At no time does the access, navigation or use of the Website and/or its contents confer on the User any right over distinctive signs included therein, unless otherwise provided in this Legal Notice.
All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, the entire or part of the contents included in the Website, for any purpose, without the prior, express and written authorization of the Owner or, where appropriate, the Owner of the corresponding rights.
Likewise, it is prohibited to delete or manipulate the copyright indications or other credits that identify the holders of rights of the contents that the User finds on the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the content offered on the Website.
In the event that the User sends information or content of any kind to the Owner through any of the channels enabled for this purpose, the User declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that said information is not confidential or harmful to third parties.
The User acknowledges assuming responsibility, thus leaving the Owner harmless, for any communication or content sent personally or on their behalf.
If the User becomes aware of the existence of any content that is illegal, illicit, contrary to the laws or that could imply an infringement of intellectual or industrial property rights, or of any other illegal nature, they must immediately notify the Owner through the following email address: email@example.com so that the Owner can proceed to the adoption of the appropriate measures.
Similarly, in the event that any User or third party considers that any of the contents of the Website owned by the Owner violate their intellectual, industrial, or any other property rights, they must refer to firstname.lastname@example.org with the following information:
-Identification data and means of contact of the claimant or his legal representative.
– Documentation that proves your condition as holder of the rights allegedly infringed.
-Detailed account of the rights allegedly infringed by the Owner, as well as their exact location within the Website.
– Express declaration by the claimant that the use of the contents has been made without the consent of the holder of the rights allegedly infringed.
ELINKS TO OTHER WEB PAGES
In the event that the Website displays links to other web pages through different buttons, links, banners or embedded content, the Owner informs that these are managed by third parties, and the Owner does not have the human or technical means to previously know and/or control and/or approve all the information, content, products or services provided by other platforms to which links can be established from the Website.
Consequently, the Owner will not assume any type of responsibility for any aspect related to the web page to which a link could be established from the Website, specifically, by way of example, but not limited to, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this sense, if the Users has effective knowledge that the activities carried out through these third-party web pages are illegal or contravene morality and/or public order, they must immediately notify the Owner in order for the Owner to proceed to disabling the access link to said web pages – an action that will be carried out in the shortest possible time.
In any case, the establishment of any type of link from the Website to another external web page will not imply that there is any type of relationship, collaboration or dependence between the Owner and the person in charge of said external web page.
LINKS TO THE OWNER’S CHANNELS ON OTHER PLATFORMS AND SOCIAL NETWORKS
The Owner makes available to Users, through different tools and applications, links that allow Users to access the channels and pages of the Website that it maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Twitter, Facebook, YouTube, Instagram, booking page, etc.). The sole purpose of including these links on the Website is to provide Users with access to these channels on the different platforms and social networks.
The establishment of these tools and/or applications does not imply the existence of any relationship between the Owner and the owner, manufacturer or distributor of the linked website/platform, nor does it imply the acceptance and approval by the Owner of its contents and/or services, whereas their its owner, manufacturer or distributor is solely responsible for them.
The activation and use of these applications may lead to the identification and authentication of the User (login/password) on the corresponding platforms, completely external to the Website and beyond the control of the Owner. By accessing these external networks, the User enters an environment not controlled by the Owner, so the Owner will not assume any responsibility for the security settings of said environments.
Given that the Owner may have limited control over the content hosted on said channels, the User acknowledges and accepts that the Owner assumes no responsibility for the content or for the services that the User may access on said pages, or for any content, products, services, advertising, or any other material available on them.
LINKS ON OTHER WEBSITES WITH A DESTINATION TO THE WEBSITE
The Owner does not authorize the establishment of a link to the Website from those pages that contain materials, information or illicit, illegal, degrading, obscene content and, in general, that contravene the laws, morality or public order, or the universally accepted social norms.
In any case, Users may establish links that lead to the Website, as long as they meet the following conditions:
The link may not reproduce the content of the Website or parts of it in any way;
It is not allowed to create a browser or a border environment on the sections of the Website, nor may the Website be modified in any other way;
It is not allowed to make false or inaccurate or incorrect statements or indications on the Website and/or, in particular, declare or imply that the Owner has authorized the link or that the Owner has supervised or assumed in any way the contents or services offered or made available on the website where said link is established;
The web page on which the link to the Website is established will not contain information or content that is illegal, contrary to morality and universally accepted good customs and public order, nor will it contain content that is contrary to any third party rights, including the rights of intellectual or industrial property and/or the right to honor, personal or family privacy or to one’s own image or any other right, or content contrary to the regulations governing the protection of personal data.
The Owner does not have the power nor human or technical means to know, control or approve all the information, content, products or services provided by other web pages that have established links to the Website. The Owner does not assume any type of responsibility for any aspect related to a web page that establishes a link to the Website, specifically, by way of example but not limited to, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
RULES OF USE OF THE WEBSITE
It is not allowed and, therefore, its consequences will be the sole responsibility of the User, access or use of the Website for illegal or unauthorized purposes, with or without profit. In particular, and without the following list being limiting, it is prohibited to:
- Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party.
- Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files.
- Use the Website to collect personal data from other Users.
- Use the Website illegally, against good faith, morals and public order.
- Register through the Website with a false identity, impersonating third parties or using a profile or taking any other action that may confuse other Users about the User’s identity.
- Access without authorization any section of the Website, other systems or networks connected to the Website, the Owner’s servers, or the services offered through the Website, by means of hacking or falsification, password extraction or any other illegal means.
- Break, or attempt to breach the security or authentication measures of the Website or of any network connected to it, or the security or protection measures inherent to the content offered on the Website.
- Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the Owner, as well as in the systems and networks connected to the Website.
- Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of the same, or falsifying the results thereof and/or using fraudulent participation methods, through any procedure, and/or through any practice that violates this Legal Notice.
The breach of any of the aforementioned obligations by the User may lead to the adoption by the Owner of the appropriate legal measures and the exercise of the Owner’s rights or obligations, which may lead to the elimination or blocking of the account of the offending User, without the need for any compensation for the damages caused.
RESPONSIBILITIES AND GUARANTEES
The Owner cannot guarantee the reliability, usefulness or veracity of all the information and/or the services and contents of the Website, nor the usefulness or veracity of the documentation made available through it.
Consequently, the Owner does not guarantee nor is responsible for:
- The continuity of the contents and services of the Website.
- The absence of errors in said content and services.
- The absence of viruses and/or other harmful components on the Website or on the server that supplies it.
- The invulnerability of the Website and/or the impossibility of violating the security measures adopted therein.
- The lack of usefulness or performance of the contents and services of the Website.
- Damages or losses caused, to theirself or to a third party, by any person who violates the conditions, rules and instructions that the Owner establishes on the Website or through the violation of the Website’s security systems.
For this reason, however, the Owner declares that they have adopted all the necessary measures, within their possibilities and within the technological possibilities, to guarantee the functioning of the Website and minimize system errors, both from the technical point of view, as well as with regard to the content published on the Website.
The Owner does not guarantee the legality, reliability, or usefulness of the content provided by third parties through the Website. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law, or that could imply an infringement of the rights of third parties, the User must immediately notify the Owner so that he can proceed to adopt the appropriate measures.
The Owner will not be responsible for the veracity, integrity or updating of the information published on the Website from external sources, nor for those contained in other platforms, which have established links to the Website. The Owner will not assume responsibility for any hypothetical damages that may arise from the use of the aforementioned information.
The Owner will not be liable for causes beyond his control, among which may be listed in a non-limiting manner: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the Owner, actions or omissions of third parties, etc. In all the aforementioned cases, beyond the control and due diligence of the Owner, there will be no compensation from the Owner to the User for damages, to the extent permitted by the legislation in force.
SUSPENSION OF THE WEBSITE
The Owner reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or use of services on the Website, with or without prior notification, of Users who contravene any of the provisions detailed in this Legal Notice, without the User being able to demand any compensation for this cause.
CONFIDENTIALITY AND DATA PROTECTION
The headings of the different clauses are only informative, and will not affect, qualify or expand the interpretation of this Legal Notice. Likewise, the Owner may modify the terms and conditions stipulated herein, totally or partially, by publishing any change in the same way that this Legal Notice appears or through any type of communication addressed to the Users.
The temporary validity of this Legal Notice coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified Legal Notice will become effective.
The Owner may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, with no possibility for the User to demand any compensation. After said termination, the prohibitions on the use of the contents set forth above in this Legal Notice will remain in force.
In the event that any provision of this Legal Notice is declared null or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or inapplication will not affect the remaining provisions of this Legal Notice.
The non-exercise or non-execution by the Owner of any right or provision contained in this Legal Notice will not constitute a waiver thereof, unless acknowledgment and agreement in writing on part of the Owner.
APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
This Website is governed by legislation in force on the territory of Spain.
For any controversy that may arise in the interpretation and application of this Legal Notice, and to the extent permitted by the current legislation, both the Owner and the Users will expressly submit to the jurisdiction of the Courts and Tribunals of Barcelona, waiving their own jurisdiction, if any.
Last update: November 24, 2021.