Welcome to IMPORTACIONES Y EXPORTACIONES VARMA S.A.’s website. The following terms and conditions (“Terms and conditions“) shall apply to the content of the website https://www.varma.com/es/. This includes, but is not limited to, its homepage, its microsites, the splash site and whatsoever websites with the same domain name on their first level and every third parties websites with the IMPORTACIONES Y EXPORTACIONES VARMA S.A. trademarks, as well as their content (hereinafter referred to as “Site“), as provided by Grupo Varma, company registered in Spain under registry number B28200384 and registered address at C/ La Granja, 15 Edificio Varma – Alcobendas 28108 Madrid (Spain) (“Grupo Varma” or “we/us“).
Grupo Varma may modify these Terms and Conditions at any time without notice by publishing those modifications on their website. USING THE WEBSITE INDICATES THAT USERS ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM. Should users disagree to these Terms and Conditions, they will neither access to the website nor use it in any way. Using the website after publishing of any modification in the Terms and Conditions implies acceptance of the aforementioned modifications.
AGE REQUIREMENT FOR USING THIS WEBSITE
This website is exclusively designated for (i) users of legal age who may buy and consume alcoholic beverages in their country of residence or in the country where they are accessing to, in case they access to our website from a different country, and for (ii) places where the selling, consumption and publishing of alcoholic beverages is permitted.
(i) Users who access the website in any way may be of legal age to buy and consume alcoholic beverages in their country of residence or in the country where they are accessing to (as the case may be), and (ii) the selling, consumption and publishing of alcoholic beverages may be permitted in the aforementioned place. Users with no legal age to buy and consume alcoholic beverages or living in countries where the selling, consumption and publishing of alcoholic beverages is not permitted cannot use this website in any way.
SOCIAL MEDIA PLATFORMS AND LINKED WEBSITES FROM/TO OUR WEBSITE
The website may include links to social media platforms such as Facebook, Instagram, Twitter, YouTube or Flickr (“Social Media Platforms”). As a part of the services at users’ disposal as well as for their general use, they may follow links to Social Media Platforms, share links to the website (or to determined parts of it) in Social Media Platforms, upload pictures and other content stored in Social Media Platforms to our website (if those pictures and content belong to the publishing user), identify third parties in the website by referring to their identity in Social Media Platforms (after these third parties prior authorization), and/or interact in the website and in Social Media Platforms in whatsoever authorized form. Then users agree to comply with those Terms and Conditions, as well as to the terms and conditions of the Social Media Platforms used. Bear in mind that the usage of Social Media Platforms is regulated by independent Terms and Conditions, and Privacy Policies, which are at your disposal on the corresponding social media platforms.
Users state and recognize that the Grupo Varma is not responsible for accuracy or availability of the information provided by sites that might be linked to our website (“Linked Sites“). Links to Linked Sites do not mean to us any guarantee or association to those sites or their content, products, advertising or other materials therein described. We do neither write, publish or verify the aforementioned linked sites. Users state and recognize that we shall not be directly or indirectly liable to any damage or lose caused or supposedly caused by usage of the aforementioned content, products or services that are available in those Linked Sites.
AVAILABLE SERVICES ON THE WEBSITE
In our website we offer our clients certain services. Users shall be informed about our products, they will be able to watch films and documentaries, to transfer and download music, to tell their stories, to upload their pictures, music or any other content, to identify third parties within their own stories, pictures, music or any other content, to participate in contests, to chat with other users, to advertise in bulletin boards, to download screensavers or any other software, to send products of the brand to their friends, etc. (hereinafter referred to as “Services“, which belong to the “Site” definition).
We shall neither request our users nor wish to receive any confidential or secret information or material through our website or services, by email or whatsoever way. Information or materials sent by users are not considered confidential or secret.
Users are totally liable to every piece of information or material they provide in the web, whether it be names, personal data, pictures, films, histories, music, ideas, creative concepts or any other material, information or in any sort of data, format or content published in the web or through it (hereinafter referred to as “User information“).
Users state and recognize that they own the information they are sending to as User information, that no one is entitled to that information and that they are authorized to forward the Users’ information to the website in order to it to be published within. Users agree User information not to include: content breaching third parties rights, including amongst others IPR, rights to privacy, advertising and other personal or property rights; false and misleading content; illegal content; content promoting an excessive and irresponsible consumption of alcoholic beverages; content that is or may reasonably be considered defamatory, discriminatory, obscene, abusive, threatening, offensive or pornographic, or that may incite to hate or violence, that contains nakedness or unprovoked violence images, or that shows any illegal activity; and content that may refer to ammunition, firearms or selling of tobacco products. Users shall held us harmless from breaching this obligations.
Should users have provided us with User information, we retain the right to delay at any time its publishing in the website, for verifying purposes. Additionally, we retain the right to remove at any time and for any reason any piece of User information or content from the website. Due to our compromise to promote a responsible consumption message, we request our users to interact sensibly, responsibly and considerably with the website. We shall monitor User information and shall ensure that it complies with our Corporate Social Responsibility policies. We shall not permit any User information to:
(a) show individuals who appear not to be of legal age for alcohol consumption or that belong to individuals who are not of legal age.;
(b) show any person under 25 years old or that seems to be under this age in images or videos associated to alcohol consumption (N.B.: those individuals of legal age to consume alcohol in their countries and/or 24 years old may appear in images and videos if they do not appear in a context associated to alcohol consumption, that is, they do not appear having just consumed, consuming or being about to consume alcoholic beverages);
(c) promote minors purchasing and/or consuming alcoholic beverages;
(d) foster illegal, irresponsible or excessive consumption of alcoholic beverages;
(e) promote an excessive consumption;
(f) condemn or criticize in any way someone who decides not to drink alcoholic beverages;
(g) represent positively an irresponsible consumption or to associate the consumption of alcoholic beverages with driving, operating any sort of machines or participating in any dangerous activity;
(h) suggest that the consumption of alcoholic beverages has physical, psychological or intellectual benefits;
(i) suggest that alcoholic beverages encourage, inspire confidence or help to overcome personal or social problems;
(j) suggest that the consumption of alcoholic beverages helps to achieve any kind of success (for example, in personal relations, social success, popularity, at work, or in sports), or to suggest that someone is able to improve his/her intellectual or physical performance;
(k) glorify the strengths of alcohol, a relatively high level of alcohol or beverages intoxicating effect;
(l) connect the alcohol consumption with any illegal, anti-social, dangerous, aggressive or violent behavior.
By providing or sending User information to our website or to us, users confer us voluntary, unlimited, global, indefinite, indefeasible, non-exclusive and sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create works from that information, to distribute, eject and show that material (totally or partially) all over the world and to incorporate that information to other works in any existing or future format, support and technology. Users state as well that they indefeasibly waive on us any moral right upon the published materials.
By voluntarily disclosing their personal data (user name, email addresses or telephone numbers) in the website or its public sections (for example, through comments, chats or bulletin boards), users must be aware of their information to probably be accessed to by third parties who may collect and use it; this could lead to receipt of non-requested emails sent by third parties. Website visitors and users are encouraged to act cautiously when providing their personal data.
If the website is used for purposes of downloading music or other purchase promotions where an user identification code, a password or any other information is provided as part of our security procedures, that information may be confidentially treated and it must not be disclosed to third parties. We retain the right to deactivate, in our sole discretion and at any time, any user identification code or password that may have been selected by users or assigned by ourselves. Any music download or transfer shall be used for users’ personal and non-commercial purposes. Users agree to abstain from:
(a) copying, reproducing, “shooting”, recording, releasing or using otherwise any piece of music downloads or transfers, or any part thereof in a way that is not permitted under these Terms and conditions;
(b) selling or trying to sell any invitation to access to music downloads or from reselling any code used to access to the music download service;
(c) giving his/her personal identification code or from using someone’s personal identification code;
(d) applying reverse engineering, reverse compiling, dismantling, modifying or creating works from music downloads or transfers, or any part thereof;
(e) avoiding any technology used by us, our licensors or any third party to protect website accessible contents.
Apart the aforementioned, users agree to do their best to avoid a non-authorized usage of music downloads and transfers. To the extent permitted by law, we shall not be liable to loses suffered by users due to usage and disclosure of User information. This paragraph does not affect the possible corresponding rights under protection of privacy laws to protect their personal data.
Intellectual Property Rights (IPR)
Regarding the relationship between users and us (our affiliated included, that is, any company belonging to Grupo Varma at any time [hereinafter referred to as “Company of the Group”]), we are holders or authorized users of any trademark or services marks appearing in our website. We also hold copyright or licenses for our website content and information, unless it is otherwise explained. Unless herein set forth, using the website does confer no license upon any accessible content, feature or material to our users. Any commercial usage of our website is strictly prohibited, unless the ways herein stated or unless our previous written approval. Users may refrain from downloading or saving content or screen copies, unless otherwise provided within these Terms and Conditions or otherwise permitted on the website. Nonetheless, they may print a (1) copy of the website information for personal exclusive usage and/or files. Should they use the website differently to what it is herein stated, they may be breaching copyright and other Laws of the United Kingdom or other countries and/or territories, and they may be responsible for the aforementioned non-authorized usage.
We do confer neither license nor any other sort of authorization to any user of our trademarks, services marks, and materials subject to copyright or other intellectual properties included in our website. Users agree to and recognize that we may use in any way any idea, concept, method, system, design, plan, technique or other similar material that they have provided or communicated in our website.
Regarding the website, users recognize and agree to:
(a) provide their own internet access and to pay any rate for services associated to that access, and to
(b) provide the entire equipment to access and get connected to Internet, including but not limited to a pc, software, a modem, and a connection or access point to Internet. We shall not be liable to any malfunctioning, mistake, loss or any other adverse event that may occur when using the website.
Users agree that no communication or information they transmit on the website shall be considered neither confidential nor secret.
Users, when using the website, agree not to upload, post, transmit, distribute or publish in the website in any way any material that:
(a) is protected by copyright, or other property rights or intellectual property, or works created from that material (except as provided herein) or without having previously obtained our authorization or the copyright owner’s one;
(b) is illegal, threatening, bullying, profane, illicit, criminal, slanderous, rude, obscene, insulting, false and misleading, with explicit or graphic or written descriptions of sexual intercourses (including, among others, a violent or threatening sexual language directed to someone or to a group), that pours into third parties’ privacy or that promotes hate;
(c) restricts or refrains third parties from using the website;
(d) constitutes or encourages acts constituting offences or civil liability; or
(e) has virus or any other damaging element, any sort of advertising, or false origin indications or statements.
Users also guarantee and agree to abstain from:
(a) impersonating any person or entity, or distorting their affiliation to another person or entity;
(b) uploading, posting, publishing, transferring, reproducing, distributing or exploiting for commercial purposes any information or material obtained in the website (unless the way expressly permitted by provider of the aforementioned information or material);
(c) sending spam or carrying out flooding attacks; or
(d) trying to access from the website without authorization to other computer systems. Unless expressly herein authorized, users shall not upload, post, publish, reproduce, transfer or distribute in any way neither parts of the website nor works created from it, since the website is copyrighted as a composite work under the laws on intellectual property in force.
We shall not be obliged to monitor any content of the website and we shall not assume any obligation therein appertaining. Nonetheless, users state and agree to our right to monitor the website and to disclose any necessary or suitable information to comply with any law, regulation or request from the authorities in order to properly exploit the website or to protect it and its users. We shall neither intentionally control nor disclose any private email, unless it is required by law. We retain the right to deny, in our sole discretion, the total or partial posting or removal of any information or material that we consider unacceptable, reprehensible and inadequate, or that breaches these Terms and Conditions.
Users agree to exempt us, as well as our consultants, managers, staff, agents and affiliates, from being liable to any claim, cost or expense, including among others reasonable lawyers’ fees and other legal costs that may be originated from the web usage or from publishing or transferring any message, information, software or other materials in this site.
EXCLUSION OF WARRANTIES
THE WEBSITE, INCLUDING AMONG OTHERS ITS CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS-IS” WITH NO WARRANTIES OF ANY TYPE, WETHER EXPLICIT OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ITS INFORMATION, DATA, DATA TREATMENT SERVICES OR SEAMLESS ACCESS; WARRATIES OF ITS AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF THE INFORMATION, AND WARRANTIES OF OWNERSHIP, NON-INFRINGEMENT, MERCHANTABILITY OR CONCRETE PURPOSES ACCURACY. WE NEITHER GUARANTEE THE WEBSITE OR ITS FUNCTIONS, FEATURES OR CONTENT FOR BEING TIMELY, RELIABLY, SEAMLESS OR OUT OF ERRORS PROVIDED NOR WHATSOEVER DEFECTS TO BE CORRECTED. WE PROVIDE NO WARRANTY OF THE WEBSITE COMPLYING WITH USERS’ REQUESTS. NO ADVISING, RESULTS OR INFORMATION, WETHER ORAL OR VERBAL THAT USERS MAY OBTAIN FROM US OR THE WEBSITE SHALL BE A WARRANTY DIFFERENT TO THOSE EXPRESSLY HEREIN DEFINED. SHOULD USERS FEEL UNSATISFIED WITH THE WEBSITE, THEY MAY SIMPLY STOP USING IT.
LIMITATION OF LIABILITY
IN NO EVENT AND TO THE EXTENT PERMITTED BY LAW, WE AND/OR OUR CONSULTANTS, MANAGERS, STAFF, AGENTS, AFFILIATES, OR CONTENT OR SERVICES SUPPLIERS SHALL BE LIABLE TO ANY INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGE OR LOSS DIRECT OR INDIRECTLY ORIGINATED FROM THE WEB USAGE (OR INABILITY TO USE) OR ITS CONTENT, MATERIALS OR FUNCTIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR EARNINGS, LOSS OF BENEFITS OR FORESEEN AGREEMENTS, LOSS OF FORESEEN SAVINGS, LOSS OF DATA, LOSS OF BUSINESS GOODWILL OR LOSS OF BUSINESS, EVEN THOUGH VARMA AND THOSE PERSONS HAVE BEEN ADVISED ABOUT THE PROBABILITY OF SUFFERING THESE DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY DUE TO INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES; THEN, SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL WE BE LIABLE TO ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON THE WEBSITE. IN NO EVENT SHALL OUR ENTIRE LIABILITY TO USERS FOR ANY DAMAGE, LOSS AND ACTION (WHETHER IN AGREEMENT, INJURIES OR TORTS, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) ORIGINATED FROM THE TERMS AND CONDITIONS OR THEIR USE OF THE WEBSITE EXCEED £100 AS CUMULATIVE QUANTITY.
We control and operate the website from our offices in Spain. Spanish Law shall rule every matter relating to the website and these Terms and Conditions. All website visitors and users agree to submit to the exclusive jurisdiction of the Spanish Courts.
The Spanish Law enforces the website usage. We do not guarantee the accuracy of materials for their usage or availability in other locations. Those who prefer accessing the website from other locations shall do it on their own initiative, and they shall be responsible for compliance with local laws, if local laws are enforceable.
We retain the right to finish, change, discontinue or stop, for any reason and in our sole discretion, any aspect from the website, including its content, features or availability timetables. Besides, we may limit certain website features or restrict users complete or partial access to the website without notice or penalty.
APPOINTED AGENT PURSUANT TO COPYRIGHT LAWS
We respect third parties intellectual property rights and we require the same of those who use the website. If you believe your work has been copied in a way that constitutes copyright infringement, please send the following information in writing (email included) to the appointed agent and specify:
- Your address, telephone number and email address;
- A description of the copyrighted work and object to the infringement claim;
- A description of the part of the website where the supposedly infringed material is located;
- A statement where it is confirmed bona fide that the disputed use is not authorized by you, the copyright owner, its agent or the law;
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner; and
- Your personal statement, under penalty of perjury, confirming the accuracy of the aforementioned information and your ownership of or authorization to act on behalf of the copyright owner.
AGENT IN CHARGE OF COPYRIGHT: SIXSERVIX OMEGA DOS, S.L.
Website administrator: [email protected].
Last update: 13rd of June, 2018