LEGAL NOTICE

 

Access, browsing and use of the website www.outlet-pool.com (hereinafter, the “Website”) implies knowledge and acceptance of the provisions set forth in this Legal Notice, whose terms have the same validity and effectiveness as any contract executed in writing and signed.

 

Compliance with and observance of the provisions of this Legal Notice shall be required with respect to any person who accesses, browses or uses the Website. If you do not agree with the terms set forth, do not access, browse or use any page of the Website.

 

By using the Website, you therefore undertake to use the services and contents in accordance with current legislation and this Legal Notice, and you acknowledge and accept that the use of the contents and/or services offered by OUTLET POOL shall be at your sole risk and/or responsibility.

 

 

 

 

 

 

2 - PURPOSE AND SCOPE OF APPLICATION

 

This Legal Notice regulates access, browsing and use of the Website, without prejudice to the fact that OUTLET POOL 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. Access and/or use of the Website after the entry into force of its modifications or changes implies acceptance of the same.

 

The provision of the Website service has a duration limited to the moment in which the user is connected to the Website or to any of the services provided through it.

 

OUTLET POOL reserves the right to make, at any time and without prior notice, any modification or update of the contents, this Legal Notice and, in general, any elements that make up the design and configuration of its Website.

 

For the purposes of interpreting this Legal Notice, it is understood that a person becomes a user (hereinafter, “User” or “Users”) at the moment he/she accepts this Legal Notice and the Privacy Policy set forth on the Website.

 

 

 

3 - WEBSITE SERVICES AND CONTENT

 

The Website includes information intended for the general public about the services offered by OUTLET POOL.

 

OUTLET POOL reserves the right to decide at any time the contents shown to the User, and may remove them and add new ones at any time. Any change in this regard will be published visibly on the Website, indicating the date of the last update at the bottom of the document. If you continue using the services provided on the Website once the Legal Notice has been modified, it will be understood that you accept such modifications.

 

 

 

4 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

 

OUTLET POOL is the owner or, where applicable, has the corresponding licenses for the exploitation rights of intellectual and industrial property necessary to operate the Website, as well as all the content offered therein, including the Website itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.

 

In no case shall it be understood that access, browsing and use of the Website by the User implies a waiver, transfer, license or total or partial assignment of said rights by OUTLET POOL. The User has a right to use the contents and/or services of the Website within a strictly domestic scope and solely for the purpose of enjoying the services in accordance with this Legal Notice.

 

References to registered trademarks or trade names, or other distinctive signs, whether owned by OUTLET POOL or third parties, imply the prohibition of their use without the consent of OUTLET POOL or their legitimate owners. At no time does access, browsing or use of the Website and/or its contents confer any rights on the User over the 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 under any form, all or part of the contents included in the Website, for any purpose, without prior, express and written authorization from OUTLET POOL or, where appropriate, from the holder of the corresponding rights.

 

Likewise, it is prohibited to remove or manipulate the copyright notices or other credits identifying the rights holders of the contents found by the User on the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.

 

In the event that the User sends information or content of any kind to OUTLET POOL through any of the channels enabled for this purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that such information does not infringe any intellectual property rights, industrial property rights, trade secrets or any other third-party rights, and that such information is not confidential nor harmful to third parties.

 

The User acknowledges assuming responsibility, holding OUTLET POOL harmless, for any communication or content sent personally or on his/her behalf.

 

If the User becomes aware of the existence of any illicit, illegal content, contrary to the law or that could imply an infringement of intellectual or industrial property rights, or any other kind, he/she must immediately notify OUTLET POOL via the email address info@outlet-pool.com or via the postal address indicated in the first section of this Legal Notice so that appropriate measures can be taken.

 

Likewise, in the event that any User or third party considers that any of the contents of the Website owned by OUTLET POOL violates their intellectual or industrial property rights, or any other rights, they must send a communication to info@outlet-pool.com or via the postal address indicated in the first section of this Legal Notice with the following information:

 

1) Identification details and contact information of the claimant or their legal representative;

2) Documentation proving their status as holder of the allegedly infringed rights;

3) Detailed description of the rights allegedly infringed by OUTLET POOL, as well as their exact location on the Website;

4) Express declaration by the claimant that the use of the contents has been carried out without the consent of the holder of the allegedly infringed rights.

 

 

 

5 - LINKS

 

5.1. LINKS TO OTHER WEBSITES

 

In the event that links to other websites are displayed on the Website through different buttons, links, banners or embedded content, OUTLET POOL informs that these are managed by third parties, and OUTLET POOL 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 may be established from the Website.

 

Consequently, OUTLET POOL cannot assume any responsibility for any aspect related to the Website or webpage to which a link may be established from the Website, specifically, but not limited to, 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 regard, if Users become aware that activities carried out through these third-party websites are illegal or contrary to morality and/or public order, they must immediately notify OUTLET POOL so that the access link to them can be disabled, an action that will be carried out as soon as possible.

 

In any case, the establishment of any type of link from the Website to another external website does not imply that there is any type of relationship, collaboration or dependency between OUTLET POOL and the person responsible for said external website.

 

 

 

5.2. LINKS ON OTHER WEBSITES TO THE WEBSITE

 

OUTLET POOL does not authorize the establishment of a link to the Website from websites that contain illegal, unlawful, degrading, obscene materials, information or content or, in general, that contravene the law, morality or public order, or generally accepted social norms.

 

OUTLET POOL does not have the authority or the human or technical means to know, control or approve all the information, content, products or services provided by other websites that have links to the Website. OUTLET POOL assumes no responsibility for any aspect related to the website that establishes such a link to the Website; specifically, but not limited to, 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.

 

 

 

6 - RULES FOR USE OF THE WEBSITE

 

It is not permitted, and therefore its consequences shall be the sole responsibility of the User, to access or use the Website for illegal or unauthorized purposes, whether for profit or not. In particular, and without the following list being exhaustive, the following is prohibited:

 

1) 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;

2) Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;

3) Use the Website to collect personal data of other Users;

4) Use the Website illegally, against good faith, morality and public order;

5) Register through the Website with a false identity, impersonating third parties or using a profile or carrying out any other action that may confuse other Users about the identity of the User;

6) Access without authorization any section of the Website, other systems or networks connected to the Website, the servers of OUTLET POOL, or the services offered through the Website, by means of hacking or falsification, password extraction or any other illegitimate means;

7) Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the contents offered on the Website;

8) Carry out any action that causes a disproportionate or unnecessary overload on the infrastructure of the Website or on the systems or networks of OUTLET POOL, as well as on the systems and networks connected to the Website; or

9) Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, whether by altering or attempting to alter, illegally or otherwise, access, participation or operation thereof, or falsifying the result thereof and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes this Legal Notice.

 

Likewise, the Website includes links to OUTLET POOL social media profiles, where users can post comments and content.

 

In this regard, we inform you that when the user participates in any of the OUTLET POOL social media profiles, other users may access and use all the content published by the user. OUTLET POOL cannot control how other people will use such content and, therefore, is not responsible for it.

 

Please note that OUTLET POOL does not previously control the content published by users on the Website or on its social media profiles, and therefore assumes no responsibility for such content. However, OUTLET POOL reserves the right to monitor and/or moderate any content published by users and, in the event that any of these violate these Terms of Use or the Privacy Policy, to edit or remove it.

 

Likewise, if you find any information or content on the Website that may be inappropriate, contrary to current regulations or contrary to the conditions set forth on the Website, we kindly ask you to immediately inform OUTLET POOL through the different means provided for this purpose.

 

In particular, it is strictly prohibited to publish content:

 

1) That may be considered as a violation in any way of the fundamental rights to honor, personal and family privacy or the image of third parties and, especially, minors;

2) That include or link to photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;

3) That violate the secrecy of communications or that imply an infringement of intellectual and industrial property rights or the regulations governing the protection of personal data;

4) That contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order;

5) That contain “spam” and/or links to sites unrelated to the corresponding space; and

6) That include advertising or commercial communications, for the dissemination of messages for advertising purposes or for the collection of data for the same purpose.

 

Failure by the User to comply with any of the above obligations may lead to the adoption by OUTLET POOL of the appropriate measures protected by law and in the exercise of its rights or obligations, which may result in preventing access to the Website or the possibility of participating in the spaces enabled therein for users who fail to comply with these conditions, without the possibility of any compensation for damages caused.

 

 

 

7 - LIABILITIES AND GUARANTEES

 

OUTLET POOL cannot guarantee the reliability, usefulness or truthfulness of all the information and/or services and contents of the Website, nor the usefulness or truthfulness of the documentation made available through it.

 

Consequently, OUTLET POOL does not guarantee nor is responsible for:

 

1) the continuity of the contents and services of the Website;

2) the absence of errors in said contents and services;

3) the absence of viruses and/or other harmful components on the Website or on the server that provides it;

4) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein;

5) the lack of usefulness or performance of the contents and services of the Website; and

6) any damages caused to itself or to a third party by any person who infringes the conditions, rules and instructions established by OUTLET POOL on the Website or through the breach of the Website's security systems.

 

However, OUTLET POOL declares that it has adopted all necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Website and minimize system errors, both from a technical point of view and in terms of the content published on the Website.

 

OUTLET POOL does not guarantee the legality, reliability, or usefulness of the contents provided by third parties through the Website. If the User becomes aware of the existence of any illicit, illegal content, contrary to the law, or that may imply an infringement of third-party rights, they must immediately notify OUTLET POOL so that appropriate measures can be taken.

 

OUTLET POOL shall not be responsible for the truthfulness, integrity or updating of the information published on the Website from external sources (external news, reports from external professionals, etc.), nor for that contained on other platforms linked from the Website. OUTLET POOL shall not assume responsibility for hypothetical damages that may arise from the use of such information.

 

If the user becomes aware of the publication of any inaccurate, outdated or false data or of the existence of any illicit, illegal content, contrary to the law or that may imply an infringement of intellectual or industrial property rights, applicable regulations on personal data protection and/or any other right, they must immediately notify OUTLET POOL so that appropriate measures can be taken.

 

OUTLET POOL shall not be liable for causes beyond its control, including but not limited to: force majeure, problems accessing the Internet, technological problems beyond the diligent and reasonable management of OUTLET POOL, actions or omissions of third parties, etc. In all such cases, beyond the control and due diligence of OUTLET POOL, there shall be no compensation to the User for damages, to the extent permitted by current legislation.

 

 

 

8 - PRIVACY AND COOKIES POLICY

 

In accordance with current applicable legislation on the protection of personal data, all personal data provided during the use of the Website will be processed in accordance with the provisions of the Privacy Policy that every user must expressly accept in order to use and register in certain sections of the Website.

 

Any user who accepts this Legal Notice accepts, in an informed, express and unequivocal manner, our Privacy Policy, and may exercise the rights that correspond to them in this matter, as informed therein.

 

Likewise, the user is informed that OUTLET POOL accesses information about their browsing habits and their use of the Website in accordance with what is indicated in the Cookies Policy.

 

 

 

9 - NULLITY AND INEFFECTIVENESS OF CLAUSES

 

If any clause included in this Legal Notice is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect said provision or the part thereof that is null or ineffective, the rest of the Legal Notice remaining in force, and such provision being considered totally or partially as not included.

 

 

 

10 - APPLICABLE LAW AND JURISDICTION

 

This Website is governed by the laws in force in Spain.

 

Our entity is a member of Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Carrera de San Jerónimo, 18, 4o 1, 28015 Madrid (Spain). For more information: www.confianzaonline.es

 

These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Law, we inform consumers that, as a member entity and under the terms of the Code of Conduct (https://www.confianzaonline.es/doc/codigo_etico_confianzaonline.pdf), users may resort to Confianza Online for the alternative resolution of possible disputes (https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/). If these refer to electronic transactions with consumers, or to data protection when related to this field, complaints will be resolved by the Confianza Online Mediation Committee, accredited for alternative dispute resolution in consumer matters. If the complaints relate to digital advertising, or data protection related to this field, they will be submitted to the Advertising Jury of AUTOCONTROL. In addition, we remind you that you can access the European Union's online dispute resolution platform via this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

 

To submit complaints regarding the use of our services, you may contact us by email or at the physical address indicated at the beginning, and we undertake to seek an amicable solution to the conflict at all times.

 

 

Last update: April 1, 2022.

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