General Conditions
First. - Character of General Conditions. -
The access and use of the Vestibule "www.paintcorner.com" (in ahead, the vestibule) that OMJ Soft (in ahead, OMJ Soft) makes available to the users of Internet, is left subject to the fulfillment of the present general conditions, that the user declares to know and to accept it express completely and, from the same moment in which it accedes to the vestibule, moment in which it acquires, also, the condition of user of the same one. Consequently, all use of the vestibule supposes an acceptance of the present conditions, that the user commits itself to read in each one of the accesses that make.
Without damage of the previous thing, it is possible that in determined supposed the user it must accept particular conditions of specific character, that they complement, they replace or they lapse, in everything or partly, to the general conditions, and that the user also declares to know and to accept specifically, in such terms regulated in the preceding paragraph for these. Our data are the following ones:
OMJ Soft
NIF: 46654014D
C/ Cadiz, 5 AT-D
03001 Alicante
Direction of electronic mail: info@paintcorner.com
Second. - Object. -
The present conditions intend to regulate the access and use of the vestibule on the part of the users who visit it, as well as the make available in favor of these, free except for express indication in opposite, as much of or specialized provided, or general the information, like of the different offered contents and services facilitated in the same one.
The present general conditions appear published in the vestibule under the denomination "Legal Warning".
Third. - Duration. -
The present general conditions and the individuals that possibly can settle down, and with the writing that presents/displays at every moment, they last indefinite, and they will remain in vigor while the vestibule continues active.
In the same way, the access and use of the vestibule, and the resources that the same one offers, last indefinite in principle, although OMJ Soft reserves the right to suspend and/or to cancel, of unilateral form and at any time, the access to the vestibule or some of their parts and/or resources, with no need of previous warning.
Fourth. - Regime of Modifications. -
OMJ Soft reserves the right to modify unilaterally, at any time, and without previous warning, as much the present general conditions, like the individuals that possibly can settle down; the configuration, presentation and design of the vestibule or anyone of the elements that integrate it; the information, generals or specialized and the provided contents, and, in general, any other circumstances nondesignated specifically, including the cancellation of the vestibule or of some of its elements. Implanted anyone of the referred modifications in the vestibule, all later access made by the user will suppose its unconditional acceptance of the same one.
Without damage of the previous thing, OMJ Soft reserve, also, the right to lapse, in everything or partly, of unilateral form and at any time, the gratuidad from the access to the vestibule or of the use of information and contents. In this case it will inform into this circumstance to the users, in the main page of the vestibule, with the sufficient advance.
Fifth. - Registry of Users: use of key and password. -
The access to the vestibule is not conditional to the previous registry of the user. Nevertheless, the access to certain areas (thematic), services or resources of the vestibule will solely be feasible by means of the previous registry of the user.
When complimenting the registry, the user will as much indicate in the form the key as the password of its election.
The user will only be able to choose as key words, numbers or sets of which is not opposite to the law, the moral, generally accepted moral convention or the public order. It is prohibited the use of keys that, anyway, suppose violation of the right of industrial and intellectual property, or agree or they are resembled social denominations or they eslogan advertising, when it lacks right title to do it.
As much the key as the password has confidential character. Therefore, the user must use them with the due diligence, having independently to conserve them of safe way, so that it is not possible his use by third, of the relation that the user maintains with these, since its cession is not authorized.
Consequently, the user commits itself to as much communicate of form immediate to OMJ Soft the deviation of his key and password, independently of the cause of this one, like any danger or reduction in his confidentiality, responding, in opposite case, of any damage or damage caused by means of accesses verified through the same ones.
Sixth. - Rules of use of the vestibule. Limitations. -
The user commits itself to use the vestibule in the strict respect and observance of the present general conditions, as well as of the individuals that possibly can settle down; and, also, of the law, the custom and the public order. Consequently, the user, declarative and for a reason or purpose merely non limitative, comes forced a:
1º) not to use the vestibule, nor to make use of the elements, information, contents and services that integrate it harming the general and/or particular conditions, or infringing the law, moral convention accepted or the public order generally.
2º) not to injure, in this use, the rights, of any type, that correspond to third.
3º) not to execute acts that limit or prevent the access and use of the vestibule, in suitable conditions, on the part of the rest of users.
4º) not to accede illicitly to the vestibule, neither to computer science systems of third, nor to spread to computer science programs or virus susceptible to cause to damages in equipment or computer science systems, nobodies that are, and independently of the personality of its respective proprietors.
5º) not to use mechanisms different from specifically qualified or recommended in the vestibule for the obtaining from the information, contents and services that integrate it, when this obtaining is possible being authorized or to be allowed by OMJ Soft.
6º) not to send, in any case, commercial publicity or communications, about class some, neither either electronic messages not asked for or allowed previously by its possible adressees, or is not about individual messages, or chains of messages. Also it is commited not to catch neither to use distribution lists that possibly could be accessible from the vestibule, nor to yield, by any title, to third, the ready referred ones or data contained in the same ones, all it independently of which is the persecuted purpose.
7º) not to establish communications or links between any page Web, including the own one of the user, or any other site or accessible space from Internet, and the vestibule of OMJ Soft, unless there is half-full authorization it express and in writing of OMJ Soft, and with the conditions that this one has established in each case. The user who fails to fulfill the previous thing will be the only and exclusive person in charge of the damages and damages of all type caused by such reason either to OMJ Soft, or to third.
8º) not to make activities that anyway suppose or can suppose a reduction or damage, of any type, for OMJ Soft.
Any breach of the present general conditions, or the individuals that with specific character can be established, will authorize to OMJ Soft to deny the access to the vestibule of the usuary violator.
Seventh. - Intellectual and Industrial property. Copyright. -
All the rights of intellectual and industrial property as much of the elements of all type that integrate the vestibule, understanding by such, declarative and for a reason or purpose merely non limitative, interactive designs of screen, graphical designs, drawings, archives of image or sound, photographies, infografías, user interface, thesaurus, systems of indización, etc., like of the general or specialized information, services and, in general of all the contents offered in this vestibule, between which the denominated "cards are included project", "questions and answers" and "product aids", necessary for their public communication, are of the exclusive right titularidad of OMJ Soft or has been licensed him by their respective holders. OMJ Soft has all, and it such does not grant on license or authorization of use some.
The user commits itself not to harm, in case some, the rights referred in the preceding paragraph, as well as to use the vestibule, with his different elements and contents, for their exclusive private use. Consequently, the user, declarative and for a reason or purpose merely non limitative, will not be able to use the vestibule with enterprise or commercial aims; nor to reproduce, to copy or to distribute in form some, the elements, information, services or contents that integrate it; nor to facilitate or to allow to the access of third a these elements, information, services and contents by means of its public communication in any form; nor to elude, to suppress, to modify or to manipulate the technical devices of protection of the vestibule or those elements that integrate it; nor to transform or to modify such; neither to suppress, to modify or to manipulate, by any means, the "Copyright" of OMJ Soft, independently of which these disturbing acts affect to the symbol "©", to the word "Copyright", the year of first publication of the work or to the social denomination of OMJ Soft, or combines separately or, or to any other element that of some form identifies the rights of intellectual property of OMJ Soft.
Eighth. - Regime of responsibilities. -
Without damage of the gathered thing in the rest of the present general conditions, or the individuals that could settle down, the access and use of the vestibule, as well as of the information, services and contents that form part of the same one, verified by the user, are of their exclusive right and finds out responsibility, releasing to OMJ Soft of all responsibility by such facts. This exemption of responsibility of OMJ Soft, absolute character, reaches, also, with declarative and non limitative character, to the following circumstances:
- The damages and damages that the user can undergo by the lack of availability or operation of the vestibule and/or all or some of his elements, information, services, contents, etc., or by the lack of veracity or exactitude of anyone of them.
- The damages and damages that the user can suffer through accessible spaces of Internet, like pages Web, etc., by means of established hyperbonds or links in the vestibule.
- The damages and damages that possibly can undergo the user as a result of the application or use of the advice gathered in "cards project", in the "questions or answers", in the "aids of products", or any other information, service or content of the vestibule, even when these advice or information were not exact or suffered from errors or incorrecciones.
- The damages and damages that the user can suffer as a result of the existence of differences in the prices of articles published in the vestibule, every time these prices are purely orientative, and they do not have porqué to agree with existing in the store or the stores visited by the user. Also differences of prices between stores and others can exist, without damage of the orientative character of the prices.
- The damages and damages originated by the loss of information of the users who, as a result of the use of the vestibule or of its different elements, etc., can be possibly stored, by any circumstance, either in their computer science systems, or in the vestibule.
- The damages and damages undergone by the user as a result of a use of the vestibule, on the other hand, opposite to the present general conditions or the individuals that can possibly be established, or with infraction of the arranged thing in the law, or of opposite form to the custom and the public order.
- The damages and damages undergone by the user that have their origin in the lack of veracity or exactitude of the facilitated information or communications made by other users, or who have their origin in the indication of false identities used by any user, correspond or not with the one of third real ones.
- The damages and damages that the own user suffers, or generates to third, as a result of using keys and passwords of access that harm arranged in the general condition the villa.
Novena. - Personal character data. -
The access to certain areas, services or resources of the vestibule will solely be feasible by means of the previous registry of the user. In these cases, the user will have to facilitate certain personal character data that they will be object of treatment automated on the part of OMJ Soft, in agreement with the purposes and conditions established in our Policy of Privacy of Data.
The user specifically accepts the inclusion of the data facilitated in the form previously indicated, one or several automated files of personal character data of which it is responsible OMJ Soft. During the process of collection of the data, the user will be informed into what data must facilitate of form obligatory to accede to the areas, services or resources of the vestibule that require their previous registry.
The collection of data of personal character previous refer and his treatment automate in the the corresponding file under responsibility of OMJ Soft, have like purpose the the benefit and management of the the service in those that the the user have register, the improvement and extension of such as well as the the adjustment of this service to the the characteristic and preference of the the user, that allow offer him a service or service of his interest of form customized, adapt our supply to this preference, even through the accomplishment of study on this preference, taste and habit of consumption of the same, use possible technical of fragmentation and/or segmentation, as well as the accomplishment, communication and shipment, as much by traditional means as electronic, of promotional activities, commercial and advertising of its interest, relative to products and services commercialized either in our physical stores, or in our virtual store, and, even, the shipment of forms of surveys, that the user is not forced to compliment, all it at the moment and in the future.
The user will be able to exercise, respect to the data successfully obtained in the form anticipated in the previous section, the rights recognized in Statutory law 15/1999, and individual the rights of access, rectification or cancellation of data and opposition, if he were pertinent, as well as the one of revocation of the consent for the cession of its data.
The rights referred in the previous paragraph could be exercised by the user, by means of written and signed request directed to OMJ Soft (NIF: 46654014D), Department of Internet, C/ Cadiz, 5 AT-D, 03001 Alicante, or by means of the shipment of an electronic mail to the direction info@paintcorner.com. These same directions will be to which will have to direct to the User their requests of exercise of the right referred ones of access rights, rectification or cancellation of data and opposition as opposed to nobodies of the companies to which the personal data are yielded, in accordance with the anticipated thing in the following paragraph.
By means of the acceptance of these conditions, the User specifically allows the cession or communication of the data including in the file or files previously referred, to the companies of group OMJ Soft, or constituted or to constitute, with the same purposes that have indicated for the collection of data by OMJ Soft. These companies are dedicated on sale to by article minor of do-it-yourself work, gardening, decoration and construction, who in some case can be developed under the denominated regime "discount hard" or "hard discount".
OMJ Soft is committed, in the use of the data including in the file, to respect their confidentiality and to use them in agreement with the purpose of the file, as well as to give fulfillment to their obligation to keep them and to adopt all the measures to avoid the alteration, loss, treatment or nonauthorized access, in agreement with the established thing in the Regulation of Safety measures of the automated files that contain personal character data, approved by Real Decree 994/1999, of 11 of July. This despite, inquires to the user into which the referred safety measures are not unshakeable invulnerables.
The user is responsible to inform to OMJ Soft for any variation that takes place in the data that it had provided previously, and guarantees the veracity of such.
Tenth. - Communications. -
All the communications that the user must make to OMJ Soft, independently of which they bring his cause of the arranged thing in the present general conditions or in the individuals that possibly can settle down, or of any other circumstance in which it is predicted that is necessary to make these communications, and without damage of the arranged thing in the condition relative to the personal character data, will have to direct them to the following direction of electronic mail: info@paintcorner.com.
Of the same form, any communication that OMJ Soft must make the user, will direct it to the direction of electronic mail facilitated by this one. Is considered that the user has voluntarily facilitated his direction of electronic mail by the simple fact to direct to a communication to OMJ Soft by that means, in which this direction appears clearly identified.
Tenth First. - Applicable law and Jurisdiction. -
The present general conditions and the individuals that can possibly be established prevail by the Spanish legislation.
In case of dispute or controversy related to the application or interpretation of the same ones, as much OMJ Soft as the user is committed, with express resignation to the law that could correspond to them, to the Courts and Courts of Madrid.