Accessing, browsing and using the website www.awenrecords.com (hereinafter the “Website”) implies the express and unreserved acceptance of all the terms of these Terms of Use, having the same validity and effectiveness as any written and signed contract.
Their observance and compliance shall be enforceable against any person accessing, browsing or using the Website. If you do not agree to the terms set out above, do not access, browse or use the Web Site.
1 IDENTIFICATION
– Owner: Awen Records
– Registered office: Avenida del Golf, 110A – 30506 Altorreal – Murcia – Spain
– E-mail: official@awenrecords.com
2 OBJECT
These Conditions of Use regulate access, navigation and use of this Website, without prejudice to the fact that the provider reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for access and/or use. Access to and use of the contents of the Website after the entry into force of its modifications or changes implies acceptance of them.
However, access to certain content and the use of certain services may be subject to certain specific conditions, which will in all cases be clearly displayed and must be expressly accepted by users. These particular conditions may replace, complete or, where appropriate, modify these Conditions of Use.
The provider reserves the right to modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same way as these Conditions of Use appear or through any type of communication addressed to users.
Similarly, we inform users of their rights and obligations in relation to the content displayed through the Website, logos and trademarks used, as well as the responsibilities that may arise from the use of the service.
For the purposes of the interpretation of these Conditions of Use, we understand that a person becomes a user at the time they accept the Terms of Use and the Privacy Policy set out on the Website, and it is sufficient for them to visit it.
3 ACCESS AND REGISTRATION
Access to the contents of the Web Site is completely free of charge, without prejudice to the fact that there may be particular sections or services that require the payment of some economic amount for their use and enjoyment, of which the user will be duly informed, and will have to expressly accept in order to enjoy them.
In the event that the user does not have a user name and password to access the Website, he/she must register using the following link where he/she must enter all his/her real and true data, as this is the only way we will be able to process any orders that may be placed in the future, as well as to correctly manage the commercial relationship with the user.
Access to the Website by minors is prohibited. However, in the event of access to the Website and registration by a minor, it will be presumed that access has been made with prior and express authorisation from their parents, guardians or legal representatives, without prejudice to the fact that the provider reserves the right to carry out any checks it deems appropriate.
Access and navigation on the Website does not require registration, although to make any purchase or to receive advertising, information and periodic offers of our promotional campaigns and products, it will be necessary to fill in the web forms provided for this purpose. Registration on the Website is, unless otherwise indicated, free of charge.
Under no circumstances will the provider be responsible for the veracity of the registration data provided by users, so that each of them will be solely responsible for the possible consequences, errors and failures that may arise from the lack of quality of data.
3.1. REQUIREMENTS FOR REGISTRATION AS A USER
In order to register as a user, it is essential to be over eighteen (18) years of age and to provide all the information required and classified as obligatory.
Likewise, the registered user assumes that the user account is personal and non-transferable, and both individuals and legal entities, whether they are commercial companies or other types of entities, may register on the Website.
The password, which is personal and non-transferable, must be generated by the user in accordance with the rules of robustness and complexity established at all times by the provider. The password created by the user will be valid for an unlimited period of time.
If the user selects a password that does not comply with the minimum requirements in accordance with the provider’s approved and current password policy, the user will be notified of this non-compliance and of the conditions that this password must meet in order to be valid when the interested party registers as a user of the provider.
Nevertheless, the provider has the necessary functions so that the user, by previously notifying the provider, can change his/her password when he/she considers it appropriate, for example, because he/she suspects or is constantly aware that the confidentiality of the password has been breached.
The password will be personal and non-transferable. The user undertakes to make diligent use of his/her password and to keep it secret, not passing it on to any third party or to the Provider. Consequently, users are responsible for the adequate custody and confidentiality of any identifiers and/or passwords they have selected as registered users of the provider, and undertake not to cede their use to third parties, either temporarily or permanently, nor to allow access to third parties. The user will be responsible for the illicit use of the Website by any illegitimate third party who uses a password for this purpose because of a non diligent use or loss of the same by the user.
3.2. CANCELLATION AS A REGISTERED USER
The user may, at any time, request to be removed from the Web Site, by writing to official@awenrecords.com indicating their user name and the specific service they wish to remove.
In any case, once the cancellation has been made, the user may request a new registration, without prejudice to the provider’s right not to admit said registration in the specific cases specified in the clause entitled “Rules for the Use of the Website” or in the event of conflict or controversy between the parties, which is yet to be resolved or which has ended with the recognition of the user’s fault or negligence and/or damage to the provider, its collaborators and associates or its users, clients or potential clients.
4 INTELLECTUAL AND INDUSTRIAL PROPERY RIGHTS
The provider is the owner or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Website, as well as all content offered on it, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and services available through it.
Under no circumstances will it be understood that access, navigation and use of the Website by the user or the use, acquisition and/or contracting of products or services offered through it implies a waiver, transmission, licence or total or partial assignment of these rights by the provider. The user has the right to use the content and/or services of the Website within a strictly domestic environment and solely for the purpose of enjoying the benefits of the service in accordance with these Conditions of Use.
References to registered trademarks or trade names, or other distinctive signs, whether owned by the provider or by third party companies, imply a prohibition on their use without the consent of the provider or of their legitimate owners. At no time, unless expressly stated otherwise, does access, navigation or use of the Web Site and/or its contents confer on the user any right to distinctive signs included in it.
All intellectual and industrial property rights over the contents and/or services of the Web Site are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Web Site, for public or commercial purposes, without the prior, express and written authorisation of the provider or, where appropriate, of the holder of the corresponding rights.
Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the rights holders 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 contents offered on the Website.
In the event that the user sends information of any kind to the provider 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 or industrial property rights, trade secrets or any other rights of third parties, and that such information is not confidential or harmful to third parties.
The user acknowledges assuming responsibility, leaving the provider unharmed by any communication provided personally or in his name, reaching such responsibility without any restriction the accuracy, legality, originality and ownership of it.
If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could constitute an infringement of intellectual and/or industrial property rights, he/she must immediately notify the provider at the e-mail address official@awenrecords.com so that the provider can proceed to take the appropriate measures.
Similarly, in the event that any user or third party considers that any of the content of the Website owned by the provider infringes their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to official@awenrecords.com with the following information:
– Identification data and means of contact of the claimant or his legal representative.
– Documentation accrediting your status as owner of the allegedly infringed rights.
– Detailed account of the rights allegedly infringed by the provider, 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 owner of the allegedly infringed rights.
5 LINKS
5.1. LINKS TO OTHER WEBSITES
The provider makes available to users, through different tools and applications, means of linking that allow users to access the channels and pages of the Website that the provider maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc.). The inclusion of these links on the Website is solely for the purpose of facilitating users’ access to these channels on the various platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between the provider and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by the provider of its content and/or services, the owner, manufacturer or distributor being solely responsible for them.
Under no circumstances does the provider share with Facebook, Twitter or any other social network that may be incorporated in the future any type of private information about its users, its only purpose being that established in these Terms of Use, as well as in the Website’s Privacy Policy. In this sense, all the information that the user himself wishes to provide to these platforms will be under his own responsibility, and the provider will not intervene in this process.
The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, completely external to the Website and beyond the control of the provider. By accessing these external networks, the user enters an environment that is not controlled by the provider, for which reason the provider will not assume any responsibility for the security configuration of such environments.
Since the provider has no control over the content hosted on such channels, the user acknowledges and accepts that the provider does not assume any responsibility for the content or services that the user may access on such pages, or for any content, products, services, advertising, or any other material available on such pages. For this reason, the user must be extremely careful when evaluating and using the information, content and services existing in the linked channels, and about the information of his/her own or of third parties that he/she wants to share in those channels.
5.2. LINKS TO OTHER PROVIDER’S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS
The provider makes available to users, through different tools and applications, means of linking that allow users to access the channels and pages of the Website that the provider maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc.). The inclusion of these links on the Website is solely for the purpose of facilitating users’ access to these channels on the various platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between the provider and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by the provider of its content and/or services, the owner, manufacturer or distributor being solely responsible for them.
Under no circumstances does the provider share with Facebook, Twitter or any other social network that may be incorporated in the future any type of private information about its users, its only purpose being that established in these Terms of Use, as well as in the Website’s Privacy Policy. In this sense, all the information that the user himself wishes to provide to these platforms will be under his own responsibility, and the provider will not intervene in this process.
The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, completely external to the Website and beyond the control of the provider. By accessing these external networks, the user enters an environment that is not controlled by the provider, for which reason the provider will not assume any responsibility for the security configuration of such environments.
Since the provider has no control over the content hosted on such channels, the user acknowledges and accepts that the provider does not assume any responsibility for the content or services that the user may access on such pages, or for any content, products, services, advertising, or any other material available on such pages. For this reason, the user must be extremely careful when evaluating and using the information, content and services existing in the linked channels, and about the information of his/her own or of third parties that he/she wants to share in those channels.
5.3. LINKS ON OTHER WEB PAGES TO THE WEBSITE
The provider does not authorise the establishment of a link to the Website from those pages that contain material, information or content that is illicit, illegal, degrading, obscene and, in general, that contravenes the law, morality or public order, or generally accepted social norms.
In any case, users may establish links in their respective web pages that lead to the Website, provided that they comply with the following conditions a) the link may not reproduce the content of the Web Site or parts of it in any way; b) it is not permitted to create a browser or border environment on the sections of the Web Site, nor may the Web Site be modified in any other way; c) it is not permitted to make false or inaccurate or incorrect statements or indications about the Web Site and/or, in particular, to declare or imply that the provider has authorised the link or has supervised or assumed in any way the content or services offered or made available on the web page where the link is established; d) the web page in which the link to the Website is established shall not contain information or content that is illicit, contrary to generally accepted morality and good customs and public order, nor shall it contain content that is contrary to any rights of third parties, including intellectual and industrial property rights and/or the right to honour, personal or family privacy or one’s own image or any other right, or content that is contrary to the regulations governing the protection of personal data.
The provider has no power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website. The provider does not assume any kind of 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 THE USE OF THE WEBSITE
It is not permitted and, therefore, the consequences will be the exclusive responsibility of the user, access or use of the Website for illegal or unauthorized purposes, with or without economic purpose. In particular, and without the following list being absolute, it is forbidden:
1) Using the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer 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 from other users;
4) Use the Website in an illegal manner, against good faith, morals and public order;
5) Register through the Website under a false identity, impersonating third parties or using a profile or performing any other action that may confuse other users about the identity of the origin of a message;
6) Unauthorised access to any section of the Web Site, to other systems or networks connected to the Web Site, to any server of the provider, or to the services offered through the Web Site, by means of hacking or falsification, extraction of passwords or any other illegitimate means;
7) Breaking, or attempting to break, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website;
8) Carrying out any action that causes disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the provider, as well as in 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 functions, either by altering or trying to alter, illegally or in any other way, the access, participation or functioning of the same, or by falsifying the result of the same and/or using fraudulent methods of participation, by means of any procedure, and/or by means of any practice that attempts or violates in any way these Terms of Use.
Failure to comply with any of the above obligations by the user may result in the adoption by the provider of the appropriate measures protected by law and in the exercise of their rights or obligations, and may lead to the deletion or blocking of the account of the offending user, without the possibility of any compensation for damages caused.
Similarly, the Website has areas through which users can participate, publish their own content and/or share content, either their own or published by the provider. These areas may be owned by the provider and therefore dependent and controlled by it, or outside the provider, being independent social networks and outside our organization, for which we can not be responsible, or the proper functioning, or conditions and policies provided by their managers, being the user himself who must consent and assume at all times the processing that is made of the information published on these platforms.
In any case, we inform you that when the user participates in any of these areas, the rest of the users of the Website will be able to access and use all the contents published by the user. The provider cannot control what use other people will make of these contents and, therefore, the provider is not responsible for this. The provider recommends that you do not publish personal data or materials protected by intellectual and industrial property rights or any other rights.
In order to make the Website a safe environment, and to protect our users, it is strictly forbidden to publish content:
1) That may be considered as a violation in any form of the fundamental rights to honour, personal and family privacy or to the image of third parties and, especially, of minors;
2) That include photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
3) Which violate the secrecy of communications or which involve an infringement of intellectual and industrial property rights or of the regulations governing the protection of personal data;
4) Which contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order;
5) Which contain “spam” and/or links to sites unrelated to the corresponding space;
6) That include advertising or commercial communications, for the emission of messages with advertising purposes or for the collection of data with the same purpose.
The user who breaches these prohibitions shall be responsible for any claims arising as a result. Even if no claim is made by a third party, the provider reserves the right to prevent access to the Website or the possibility of participating in the spaces provided therein to users who do not comply with these conditions.
The provider does not control the content published by users on the Website and does not assume any responsibility for this content. However, the provider reserves the right to supervise and/or moderate any content published by users and, in the event that this content violates these Terms of Use or 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 out on the Website, please inform the provider immediately through the various means provided for this purpose.
7 RESPONSABILITIES AND GUARANTEES
The provider cannot guarantee the reliability, usefulness or veracity of absolutely all the information and/or services of the Website, nor the usefulness or veracity of the documentation made available through the Website.
Consequently, the provider does not guarantee nor is it responsible for (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components in the Website or in the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of violating the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Web Site; and (vi) the damage or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions established by the provider on the Web Site or through the violation of the security systems of the Web Site.
Nevertheless, the provider declares that it has adopted all necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Website and to reduce to a minimum system errors, both from a technical point of view and in terms of the content published on the Website.
The provider does not guarantee the legality, reliability and usefulness of the content supplied 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 constitute an infringement of the rights of third parties, he/she must immediately notify the provider so that the latter can proceed to take the appropriate measures.
The provider will not be responsible for the veracity, integrity or updating of the information published on the Website from sources other than the provider, nor for those contained in other platforms to which the Website links. The provider will not assume responsibility for any hypothetical damage that may arise from the use of the aforementioned information.
In any case, the provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notification, to users who violate any of the provisions detailed in these Terms of Use, without the possibility of the user demanding any compensation for this cause.
8 SUSPENSION OF THE WEBSITE
The provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notification, to users who violate any of the provisions detailed in these Terms of Use, without the possibility of the user demanding any compensation for this cause.
9 CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 of 27 April, the customer/user data will be or may be included in a file owned by Awen Records, with headquarters in Avenida del Golf, 110A – 30506 Altorreal – Murcia – Spain, E-mail official@awenrecords.com and without whose processing it would not be possible to fulfil the contract [Art. 6.1.b) of Regulation (EU) 2016/679] or attend to your request [Art. 6.1.a) of Regulation (EU) 2016/679]. Such data will be processed for the duration of the service and will be kept for the applicable limitation periods (which would be at least 5 years from the last action of the data subject).
The recipients of your data may be: suppliers, collaborators or other entities that need them in any case in order to meet the obligations of the controller and requiring an equivalent level of confidentiality.
Users may contact the data protection delegate, if appropriate, or exercise their rights of access, rectification, opposition, suppression, limitation, portability or other legally established rights through any of the addresses indicated, attaching a copy of their National Identity Document or similar document. In the event of a complaint, you may lodge it with the competent control authority (Spanish Data Protection Agency, www.agpd.es ).
10 GENERAL
The headings of the various clauses are for information only, and shall not affect, qualify or extend the interpretation of these Terms of Use. Likewise, the provider may modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same way as these Conditions of Use appear or through any type of communication addressed to users.
The temporary validity of these Terms of Use therefore coincides with the time of their exposure, until they are totally or partially modified, at which time the modified Terms of Use will become effective.
Regardless of the provisions of the particular conditions that may be established, the provider 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 any compensation. After such termination, the prohibitions on the use of the contents set out above in these Conditions of Use will remain in force.
Likewise, if the user fails to comply with these Terms of Use, the provider may suspend or cancel his or her profile automatically and without prior notice, and in no case shall such suspension or cancellation entitle the user to any compensation whatsoever. To this effect, the provider informs that he may inform and collaborate in a timely manner with the competent police and judicial authorities if he detects any violation of current legislation or if he suspects the commission of a crime.
The contracting of any product and/or payment service offered by the provider will be regulated by the general and/or particular conditions of each specific service provided for this purpose.
In the event of any discrepancy between what is established in these Conditions of Use and the particular conditions of each specific service of the Website, the latter will prevail.
In the event that any provision of these Conditions of Use should be declared null and void or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or inapplicability shall not affect the remaining provisions of these Conditions of Use.
Failure by the provider to exercise or enforce any right or provision contained in these Terms of Use shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the provider.
11 APPLICABLE LAW AND COMPETENT JURISDICTION
Provided that the regulations in force for this purpose provide the possibility for the parties to submit themselves to a specific jurisdiction, for any litigious matter derived from or related to this Website, the Spanish legislation in force at the time of the dispute shall be applicable, and we shall submit ourselves to the Courts and Tribunals of Alicante (Spain) (unless submission to a different jurisdiction is required by law), as well as, where appropriate, the Consumer Arbitration Courts or similar courts to which we are affiliated at the time of the dispute.
In order to file a complaint regarding the use of our services, you can send a letter to the e-mail address or physical address indicated in the “Identification” section, and we undertake to seek an amicable solution to the conflict at all times.
Last updated: February 2021
