Terms & Conditions

GENERAL CONDITIONS OF USE OF THE WEBSITE

  1. TECH AND MARKETING SL, Company registration number B66715046, (hereinafter to be referred to as “TAM”), with address at 162 Pau Claris street, Barcelona, is the owner of http://cinesma.com (hereinafter, “the Site”) which is at the disposal of Internet users and provides information about products and offers of TAM, as well as other services through the Site.

  2. The Present General Conditions of Use of the Site, along with the general contracting conditions that manage the provision of services and/or the particular conditions that may be established, have the purpose to dispose the information, such as, in its case, the commercial relations that arise or may arise between the TAM and the Users of the Site.

    You shall acquire the status of a User as soon as you browse the Site and/or use the services included here. Both the navigation and/or the usage of any of the services of the Site, shall suppose the acceptance as a User, without any reservation, of all the General Conditions of Use, and the General Contracting Conditions which manage the provision of the services offered in the Site, as well as the Particular Conditions, which, in its case, may exist in relation to the provision of services.

    TAM reserves the right to modify the present Conditions of Use and/or the particular conditions, any time without prior notice, which in its case, shall be included by posting the mentioned changes in the Site with the objective to be recognized by the Users before visiting the Site.

    The present Conditions of Use shall apply not only to the promotional activity and the provision of information that is carried out through the Site, but also to the provision of the services offered in the Site, in a way that the same shall apply both to the simple browsing of the Site and the provision of the services in the scope of the Site, although these latter activities additionally shall be subject to the present Conditions of Use, and to the applicable General Contracting Conditions, and to any particular conditions that may exist.

  3. The whole content described in the Site and particularly the designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial designs or any other signs susceptible to industrial and commercial use are subject to be under TAM´s intellectual and industrial property rights or under any other third party. No license shall be granted or no withdrawal, transmission, total or partial cession of the mentioned rights shall be carried out, as well as no right or rights expectation shall be conferred, and particularly, alteration, exploitation, reproduction, distribution or public communication concerning the mentioned content shall be implemented without prior authorization of TAM or the corresponding representatives.

  4. Except typographical errors, the promotions and offers contained in the Site and in the catalogue to be downloaded shall be valid. TAM shall not bear any responsibility for any other promotion or offers other than those contained in the Site or in its catalogue.

  5. TAM shall only be responsible for damages caused to the User as a result of using the Site when such damage is attributable to willful misconduct of TAM. The User shall acknowledge and agree that the use of the Site, as well as, where appropriate, the provision of the services offered therein shall be at his sole risk and responsibility. TAM shall not be responsible for any damages that may arise from (i) inferences, omissions, interruptions, computer viruses, faults and/or disconnections in the operational functioning of this electronic system or appliances and computer equipment that may impede or delay the provision of the services or the navigation of the system, (ii) delays or blockages in the usage caused by deficiencies or overloading of the Internet or other electronic systems, (iii) caused by third parties through illegal interference beyond the control of TAM, (iv) the inability to provide the Service or allow access for reasons not attributable to TAM, due to the User, third parties or force majeure events.

  6. In general, the User shall agree to comply with the present Conditions of Use, the particular conditions that may apply, as well as to meet the special warnings or instructions contained therein or in the Site, and shall always act according to the law, morality and the requirements of good faith, using the diligence appropriate to the nature of the service enjoyed by refraining from using the Site in any way that may impede, damage or impair the normal functioning of the Site, the property or rights of TAM, the rest of the users or any third party.

    Specifically, and without implying any restriction on the obligation assumed by the User in accordance with the preceding paragraph, while using the Site, the User shall: (i) not enter, store or transmit on or from the Site, any information or material that is defamatory, libelous, obscene, threatening, racist, incites violence or discrimination based on race, sex, creed, religion or any manner prejudicial to morality, public order, fundamental rights, public freedoms, honor, privacy or image of others and in general the current regulations, (ii) not enter, store or transmit through the Site any computer program, data, viruses, code, hardware or telecommunications or any other instrument or electronic or physical device that is capable of causing damage to the Site, in any of the Services, or any of the equipment, systems or networks of TAM, of any User of TAM, providers or in general third party, or otherwise be able to cause any kind of damage or impede the normal operation thereof, (iii) Not to make advertising, promotional or commercial exploitation through the Site, not use the contents and in particular the information obtained through the Site to send advertising messages for direct marketing purposes or any other purpose, or to collect or store personal data to a third party, (iv) Not enter, store or transmit through the Site any content that violates intellectual property rights, industrial or business secrets of others, or in general any content that does not hold, in accordance with the law, the right to make it available to third parties.

    The provision of the services of the Site and these Terms of Use are subject to the Spanish law. Each Party shall comply with the law and applicable legal standards. The Parties agree to be subject to the Courts and Tribunals of Panamá (or Barcelona, Spain), in relation to any actions and claims that may arise from the interpretation, validity and performance of the Site. For questions regarding the content of the Site, please contact us.

Note: The Terms of Use are a translation from Spanish to English of the “Condiciones Generales de Contratación” presented below. If there is any difference of interpretation between the texts in Spanish and English, the Spanish text shall prevail over the English text.