Please, read this document carefully. It constitutes the Legal Notice that rules the access, browse and use of the Website located in the URL www.azzulelifestyle.com (referred as “Website” or the “Web” from hereon).
The access, browsing and usage of the Website requires explicit and full consent with regard to all terms of the present Legal Notice, having the same validity and efficiency like any written and signed contract.
Any person that accesses, browses or uses the Web shall comply with, and be bound by the Legal Notice. If you disagree with the expressed terms, do not access, browse or use none of the Website pages.
- IDENTIFYING DATA
- Title: Blue Marble Company (henceforth “BLUE MARBLE” or “the Provider”)
- Registered office: C/ Primero de Mayo, nº 23, 03610, Petrel (Alicante)
- N.I.F: B-54958137
- Contact: +34 966274346
- Email: atenciOncliente@azzulelifestyle.com
- SUBJECT MATTER AND SCOPE
The current Legal Notice regulates the access, navigation and usage of www.azzulelifestyle.com. However, BLUE MARBLE reserves the right to modify, to display, to change the settings and the Web content, as well as the required access and usage conditions. Once the access and usage modifications or changes enter into force, the user shall be deemed to accept such modifications or changes as long as they continue using the Web.
The website, since its commissioning, will be dedicated to the promotion and sale of complementary items, such as handbags, sunglasses, watches and other fashion accessories by BLUE MARBLE COMPANY, S.L.
Likewise, BLUE MARBLE makes available to users an area called “Influencer Zone” in which all those who wish to make any kind of collaboration with the Provider, can address it by filling in a series of required data.
Thus, the Website will contain all the content and information necessary to carry out the contracting of the mentioned services, as well as to carry out the adaptation of commercial products to particular profiles.
Nevertheless, access to certain contents and the use of specific services may be subject to certain specific conditions, which will in any case be clearly shown. These particular conditions may replace, complete or, if necessary, modify the terms of this Legal Notice. In case of contradiction, always and in any case, the particular conditions will prevail.
- ACCESS AND REGISTER
The access and use of the Website assume that the user accepts in full and is bound to fully comply with this Legal Notice, as well as the instructions or recommendations that are indicated in each specific case through the Website.
The access to web content is completely free, although for using and enjoying some sections or particular services it is necessary to provide an economic contribution. This should be indispensably notified to users and in any case expressly accepted by them.
Access to most of the contents of the Website is completely free of charge and does not require prior registration, without prejudice to the existence of specific sections or services that require prior registration and, where applicable, may involve the payment of economic amounts. The user will be informed of previous form, having to accept the corresponding contracting conditions.
The user must be over eighteen (18) years old. Access to the Web by minors is prohibited. However, in the case of access to the Website by a minor, it will be presumed that such access has been made with prior express authorization of their parents, guardians or legal representatives, without prejudice to BLUE MARBLE reserves the right to carry out as many checks as it deems appropriate.
Under no circumstances BLUE MARBLE shall be responsible for the authenticity of the data that users submit. Each user will undertake responsibility of the possible consequences, mistakes and faults derived from a lack of accuracy of the data provided to BLUE MARBLE.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1. Rights over content.
BLUE MARBLE owns or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Website, as well as all the contents offered therein, including, without limitation, the own platform, texts, photographs or illustrations, logos, marks, graphics, designs, interfaces, or any other information or content and the services available through it.
4.2. Rights on the Website.
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 these rights by BLUE MARBLE. By accessing the Website, the user acquires a right to use the contents and / or services of the Website within a domestic scope, during the use of the Website, and solely for the purpose of enjoying the services of the service according with this Legal Notice.
References to trademarks or registered trade names or other distinctive signs, whether owned by BLUE MARBLE or third parties, imply a prohibition on their use without the consent of BLUE MARBLE or its legitimate owners. At no time, unless expressly stated otherwise, access, navigation or use of the Website or its contents gives the user any right over the distinctive signs included therein.
All rights of intellectual and industrial property on the contents 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, all or part of the contents included therein, for public or commercial purposes, unless the prior, express and written authorization of BLUE MARBLE or, where applicable, the holder of the corresponding rights is not available.
Likewise, it is prohibited to delete or manipulate the indications of copyright or other credits that identify the rights holders of the contents of the Website, as well as the technical devices of protection, the fingerprints, or any mechanism of protection or information incorporated to themselves.
4.3. Rights over contents and information published by the user.
In the event that the user sends information of any kind to the Provider through any of the channels enabled for the purpose, the user declares, guarantees and accepts that he has the right to do so freely, that said information does not infringe any intellectual property right, industrial, commercial secret or any other rights of third parties, and that such information is not confidential or harmful to third parties, otherwise assuming all possible liabilities derived.
The user acknowledges assuming the responsibility, keeping the Provider harmless, for any communication that it provides personally, in or in its name. This responsibility includes, without restriction, the accuracy, legality, originality and ownership of such communication.
If the user were aware of the existence of any illegal, illegal, unlawful or otherwise infringing intellectual property rights, he or she shall notify the Provider immediately by email to the customer’s email email@example.com so that it can proceed to the adoption of the appropriate measures.
5.1. Links to other websites.
In the case that links to other web pages are shown on the Website through different buttons, links, banners, embedded content, etc., BLUE MARBLE reports that these would be directly managed by third parties. The Provider does not have neither the power nor the human or technical means to know in advance, control or approve all the information, contents, products or services provided by other platforms to which links can be established from the Website.
Consequently, BLUE MARBLE may not assume any responsibility for any aspect relating to any platform or web page to which a link could be established from the Website, specifically, without limitation, 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 have an effective knowledge that the activities carried out through these third party websites are illegal or contravene morality and / or public order, they must immediately notify BLUE MARBLE in order to disable the access link to them.
In any case, the establishment of any type of link from the Website to another third party website will not imply that there is any relationship, collaboration or dependency between the Provider and the person responsible for the third party website.
5.2. Links to the Website on other platforms and websites or social networks.
BLUE MARBLE can make available to users, through different tools and applications, in particular, banners, as means of link that allow users to access the Web from different websites, or even banners on social networks. The inclusion of these links has the sole purpose of providing users with access to the Website.
The establishment of these links does not imply the existence of any relationship between BLUE MABLE and the owner, manufacturer or distributor of the platform where the link is located, nor the acceptance and approval by BLUE MARBLE of the contents or services on the platforms those who redirect, being its owner, manufacturer or distributor the sole responsible for them.
The activation and use of these links may lead to the identification and authentication of the user (through login or password) on the corresponding platforms, completely external to the Website and beyond the control of the Provider. When accessing external networks, the user enters an environment not controlled by BLUE MARBLE, so that BLUE MARBLE will not assume any responsibility on the security settings of those environments.
As BLUE MARBLE has no control over the content contained in such channels, the user acknowledges and accepts that BLUE MARBLE does not assume any responsibility for the content or services that the user can access on those pages, nor for any content, products, services, advertising, or any other material available therein. For this reason, the user must exercise extreme caution in the assessment and use of the information, contents and services existing in the linked channels, and on the information of third parties that they want to share in those channels.
- WEB USE CONDITIONS
It is not allowed to access or use the Web for illegal or unauthorised purposes, including commercial use; henceforth the consequences thereof will only be borne by the user. The following is the non-exhaustive list of prohibited actions by the user:
- To use the Web in any form that could involve damages, interruptions, inefficiencies or defects in functioning or in a third part computer;
- To use the Web for transmitting, installing or publishing any virus, malicious code or other programs or harmful files;
- To use the Web in a way that constitutes a violation of BLUE MARBLE’s or any third party’s rights;
- To use the Web for transmitting or publishing any defamatory, offensive, racist, vulgar, degrading, pornographic, obscene or threatening material that could cause discomfort to any person;
- To use the Web in an illegal form, breaching good faith, moral and public order;
- To access and interact with the Web with a fake identity, replacing third parties, using a profile or performing any other action that could confuse users about the identity of the message origin.
- To access without authorization to any web section, to other systems or networks connected to the Web, to any BLUE MARBLE server, neither to services offered through the Web, by hacking or falsifying, password mining or any other illegitimate way.
- To violate or attempt to violate security measures or web authentication, or authentication of any other network connected to it, as well as security or protection measures inherent to web content.
- To carry out any action that could provoke a disproportionately or unnecessary saturation of the Web infrastructure or of the enhanced BLUE MARBLE network services, as well as of any system or network connected to the Web.
- To advertise manifestly false contents related to any location, regardless the user is or is not aware of that situation.
If the user breaches any of the obligations above, BLUE MARBLE may take appropriate measures, within the scope of the rights and obligations of BLUE MARBLE, , which may include suspending or removing the offender´s user account, without granting any right of indemnification to such users.
- RESPONSIBILITIES AND GUARANTEES
BLUE MARBLE cannot guarantee the reliability, usefulness or veracity of absolutely all the information contained in the Web, nor of the utility or veracity of the documentation made available through it.
Consequently, BLUE MARBLE does not guarantee and is not responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website or the inability to violate the security measures adopted for it; (v) the lack of usefulness or performance of the contents of the Website; and (vi) damages caused to himself or a third party by any person who violates the conditions, rules and instructions that the Provider establishes, or through breach of security systems.
Nevertheless, BLUE MARBLE declares that it has taken all necessary measures, within its possibilities and the state of the art, to guarantee the proper functioning of the Website and to minimize system errors, both from the technical point of view as well as to prevent the existence and transmission of viruses and other harmful components to users’ computer systems.
BLUE MARBLE does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. If the user becomes aware of the existence of any illegal, illegal, unlawful content or that could imply an infringement of third party rights, he must notify BLUE MARBLE immediately so that he can proceed to take the appropriate measures.
BLUE MARBLE shall not be responsible for the veracity, integrity or updating of the information published on the Website from outside sources, as well as those contained in other platforms in which a banner linking to the Website is located. BLUE MARBLE will not assume any responsibility as to hypothetical damages that could be caused by the use of said information. In the event that any user of the Website carries out any action that may be considered unlawful, illegal, contrary to the laws or that could imply the infringement or infringement of rights of third parties, it will do so under its entire responsibility.
- OPINIONS, COMMENTS, COMMUNICATIONS AND OTHER CONTENTS
Users may participate in social networks with comments and / or images provided that their content is not unlawful, obscene, abusive, threatening, defamatory, invades the privacy of third parties, infringes intellectual property rights or is injurious or reprehensible of another Way for third parties and whose content does not contain computer viruses, political propaganda, advertising content, chain mail, massive e-mail delivery or any other type of spam. It is not allowed to use fake email addresses, impersonate another person or entity, or otherwise lie about the origin of any content. BLUE MARBLE reserves the right (not obligation) to remove or modify any content.
Any user who wishes to publish content on the Website, whether through graphic works, videos, musical works, photographs, animations, pseudonyms, names, symbols, texts, comments or generally through any visual, textual or sound element, hereinafter referred to as the “User Content”, agrees to assign to BLUE MARBLE a publication license.
The user authorizes, free of charge, worldwide and without restriction or reservation, the publication of the “user content” that the user sends to BLUE MARBLE. Therefore, the user expressly agrees to accept these General Conditions to assign to BLUE MARBLE, a license on the “user content”, which covers:
- The right to reproduce and distribute of the “user content” in any type of media, paper, film, optical disc format, etc., including media for advertising purposes, and in any form corresponding to the graphic arts, through any technical processes and method of treatment (analogue, digital …) intended for the devices of end users, such as computers, mobile phones, digital tablets, etc., in all types of formats; And specifically, the right to store, archive and host the “user content” on the servers used by BLUE MARBLE as well as on hard disks, RAM, caches, in all kinds of formats;
- The right of the public communication of the “user content” by means of its communication to the public, by any means of dissemination and communication networks, namely on the Internet and on the Website including Intranet, press, telematics mode and / or Digital, downloads, etc.;
- The right to change the “user content” in all types of formats and presentations, illustrated with any legends, texts and comments (excluding political, pornographic or non-appropriate contexts). This right covers the possibility of retouching or modifying the “user content”, specifically for graphic, format, clarity and / or color reasons, which may be necessary for the aforementioned modes of exploitation.
The user accepts that the “user content” is used disassociated at any opportunity, either promotional or commercial, by decision of BLUE MARBLE, or published on the Website
BLUE MARBLE may cede the intellectual property rights contained in this publication license to any of the companies collaborating with BLUE MARBLE without any limitations other than those set forth in this license.
The User also agrees that BLUE MARBLE may use the “user content” to cite it and associate it with its pseudonym or with its name in its promotional, marketing and advertising operations.
This license will be valid in any language, throughout the world and during the period of protection agreed for the “user content” to their right holders, in accordance with Spanish and European legislation
The user agrees not to receive remuneration for these publications.
The user expressly states that any “user content” entered into the BLUE MARBLE platform is in fact owned by the user or is authorized by the legitimate owners or licensees of the contents and does not infringe the intellectual or industrial property rights of third parties; Specifically, the rights of BLUE MARBLE collaborators, nor the rights to the honor or image of third parties, or any other property rights of third parties.
The User warrants to BLUE MARBLE that it has all the authority and powers necessary to agree on the rights transferred hereby and that the user has not made or will make, through a cession / license to third parties or by any other means, any act that May compromise the present license and specifically, that the persons that can appear in certain “contents of the user” are not linked with the same through some contract of exclusivity regarding the use of his image or his name. Specifically, the User declares that the “user content” sent to BLUE MARBLE is completely original and that there is no section of any other work of any kind that could compromise the responsibility of BLUE MARBLE.
In the “user content” provided by the user to BLUE MARBLE, data or content relating to children less than 14 years of age may not be included or entered.
The user recognizes having been informed that BLUE MARBLE:
- rejects all responsibility for the exploitation or dissemination of “user content” on any medium;
- may remove from its website the “content of the user” if, in its opinion, such content infringes the rights of BLUE MARBLE collaborators or these Terms and Conditions, without prejudice to any legal action that may be taken against the user that violates third party rights.
Therefore, the User waives to any legal action against BLUE MARBLE and any other company that may replace it in the future.
- SUSPENDING THE SERVICES ON WEB
BLUE MARBLE reserves the right to suspend, modify, restrict or interrupt, temporally or permanently, the access, navigation, use, content upload and/or content download and/or web services use, with or without prior notification, for users that infringe any of the provisions detailed in the current Legal Notice, without granting any right of indemnification to such users.
In accordance with Organic Law 15/1999, 13th December, of Protection of Personal Data, all personal data provided during the use of the Website will be treated in accordance with the provisions of the Policy of Privacy of the Website, hosted at URL www.azzulelifestyle.com
Headings to the different clauses are merely informative and do not affect, qualify or encourage interpretation of the current Legal Notice. Furthermore, BLUE MARBLE may modify terms and conditions established here, fully or partially, publishing any change in the same way that it appears in this Legal Notice or through any type of communication directed to users.
This Legal Notice is in effect, from the time of its release until its full or partial modification. From then on, the modified Legal Notice will come into force.
Likewise, BLUE MARBLE may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility of the user demanding compensation. After this extinction, the prohibitions on the use of the contents set out above in this Legal Notice will remain in force.
In the event that any provision of this Legal Notice is declared void or unenforceable, in whole or in part, by any court, court or competent administrative body, said nullity or inapplicability shall not affect the remaining provisions of the same.
The non-exercise or execution by BLUE MARBLE of any right or provision contained in this Legal Notice shall not constitute a waiver thereof.
- APPLICABLE LAW AND JURISDICTION
The current legislation will determine the applicable law and jurisdiction that should govern the relationship between BLUE MARBLE and the users of the Website. However, provided that such legislation provides the possibility for the parties to submit to a specific jurisdiction, for any dispute arising in relation to the Website, the Spanish current legislation at the time of the dispute will apply. Likewise, BLUE MARBLE and the users, with express waiver to of any other jurisdiction that may correspond to them, agree to submit to the Courts and Tribunals of the city of Alicante (Spain).
For submitting complaints and claims for unsatisfactory service, the client may notify BLUE MARBLE by sending an email to atencióncliente@azzulelifestyle.com, looking for an amicable solution to the dispute.
Last updated: September 2017
© 2017 BLUE MARBLE COMPANY, S.L. All rights reserved.