GENERAL CONDITIONS TO ACCESS AND USE THE SERVICES OF ANDROMEDICAL
These general conditions (hereafter referred as "General Conditions") regulate the use of the Internet www.andromedical.com and www.andro-penis.fr (hereafter referred as "Portal") of Andromedical, S.L. (hereafter referred as "ANDROMEDICAL"), located at Calle Gran Via 6, (28013 Madrid) Spain, CIF B82545096; free for the users of the Internet.
The utilization of the Portal attributes conditions to the User/Users (hereafter referred as "User" or "Users") and express complete acceptance, without any reserves from the User, of each and all General Conditions published by ANDROMEDICAL at the exact moment that the User enters the Portal. As a consequence, the User must attentively read the correspondent Particular Conditions.
Likewise, the utilization of the Service is likely subject to all warnings, standing rules and instructions placed by the User of ANDROMEDICAL, completing the foreseen in these General Conditions as long as there is no opposition.
Throughout this Portal, ANDROMEDICAL, facilitates to the Users the access and utilization of diverse services and contents.
ANDROMEDICAL reserves the right to unilaterally modify, at any moment and without previous notice, the presentation and the configuration of the Portal, as well as the services and conditions required by the utilization of same.
Second: Conditions to access and use of the Portal
- Free access and use
The lending of the service of Portal by ANDROMEDICAL is free for the Users and does not demand a previous subscription nor registration from the User. Notwithstanding, the utilization of some services can only be done through a subscription or registration of the Users and/or pay a fee, per the correspondent Particular Conditions.
- Obligation of the User
The user is obligated to not utilize the services for purposes of contradicting the laws, the moral, the public safety and good manners in general, and follow the present general conditions. The User is also obligated, throughout the services, to not engage in advertising activities or any commercialization along with no transmission of a false identity as well as alter in any way or manner the origin of the message.
The User compromises to not reproduce, copy, distribute, access to the general public by general media, transform or modify the contents, only under the authorization of the bearer and/or the bearer’s rights as legally permitted, suppress, avoid, manipulate the “copyright” and other identified data of the rights of ANDROMEDICAL or its bearer incorporated within its Contents, as well as technical device of protection or any other mechanical information. Also, the User will not make or create any act that could harm, put out of action or use, overcharged, or deteriorate the Portal and its Services and/or interfere with the normal use on behalf of the Users.
The Users will not obtain nor attempt to obtain information, messages, graphics, drawings, files of any kind, photographs, recordings, software and any other type or kind of material accessible through the Portal or its Services (hereafter referred as “Contents”) employed or used for different procedures or those indicated through the web pages wherein the contents, in general, usually use the Internet as long as there may be damage to the Portal, its Service and its Contents.
- Proper use of the Contents
The User is obligated to use the Contents in a diligent, correct and lawful manner. In particular, the User compromises to abstain from the following:
Use the Contents in a way contrary to the law, to the moral and the generally good customs accepted by the general public.
Reproduce or copy, distribute, grant access to the public throughout any way or manner of communication, transform and modify the Contents, except with the consent of the titular of the entity.
Eliminate, avoid and manipulate the copyright and other identifiable information of the rights of ANDROMEDICAL or its titular incorporated within its Contents, as well as the technical dispositive of protection, fingerprints or any other mechanism of information.
Third: Personal Data
Fourth: Use of the Portal, its Services and its Contents under the exclusive responsibility of the User
The User voluntarily agrees that the use of the Portal, its Services and its Contents is under his sole and exclusive responsibility.
- Exclusion of warranty and responsibility for the functioning of the Portal and its Services.
- Availability, continuity, utility and responsibility
ANDROMEDICAL does not guarantee the availability and continuity of the functioning of the Portal and its Services. When reasonably possible, ANDROMEDICAL does not warranty the utility of the Portal and its Services for the realization of any activity in particular, nor its responsibility, and in particular, but not in exclusive manner, the Users can effectively use the different web pages that are part of the Portal or those that provide services.
ANDROMEDICAL EXCLUDES ANY RESPONSIBILITY FOR ANY DAMAGES AND PREJUDICES OF ANY NATURE DUE TO THE LACK OF AVAILABILITY OR CONTINUITY OF THE FUNCTIONING OF THE PORTAL OR ITS SERVICES, THE DEFRAUDATION OF THE UTILITY THAT THE USERS MAY HAVE RECEIVED THROUGH THE PORTAL AND ITS SERVICES, THE VERACITY OF THE PORTAL AND ITS SERVICES, AND IN PARTICULAR; EXCLUDING ANY ERRORS ACCESSING THE WEB PAGE OF THE PORTAL OR THOSE FROM/TO HERE THE SERVICES ARE OFFERED.
- Privacy and security through the use of the Portal and its Services
ANDROMEDICAL does not guarantee the privacy and security of the use of the Portal and its Services and, in particular, does not guarantee that a non-authorized third party has no access or knowledge to the type, conditions, characteristics and circumstances of the use of the Portal and its Services.
ANDROMEDICAL EXCLUDES ANY AND ALL RESPONSIBILITY FOR DAMAGES AND PREJUDICES OF ANY NATURE DUE TO THE KNOWLEDGE OR INFORMATION ACQUIRED BY A NON-AUTHORIZED THIRD PARTY OF THE TYPE, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE OF THE PORTAL AND ITS SERVICES.
- Exclusion of guarantee and responsibility for the contents
ANDROMEDICAL does not controls nor guarantees the absence of a virus or any other elements in the Contents that may produce alterations in its informative system (software and hardware) or through the electronic documents and files storage in the informative systems.
ANDROMEDICAL excludes any responsibility for any damages and prejudices of any nature that may exist due to the presence of a virus or other elements throughout the contents that may produce alterations to the informative systems, electronic documents or files of the User.
- Lawfully, trustworthy and utility
ANDROMEDICAL does not guarantee the lawfully, trustworthy and utility of the conditions or regulations corresponding to the Particular Conditions.
ANDROMEDICAL EXCLUDES ANY RESPONSIBILITY FOR ANY DAMAGES AND PREJUDICES OF ANY NATURE AS A RESULT OF A TRANSMISSION, DIFFUSION, STORAGE, DISPOSITION, RECEPTION, ATTAINMENT OR ACCESS TO THE CONTENTS, AND IN PARTICULAR BUT NOT AS AN EXCLUSIVE MANNER, FOR DAMAGES AND PREJUDICES AS A CONSEQUENCE OF THE FOLLOWING:
a. Breach of the law, the moral and the customs generally accepted by the public or public order as a consequence of the transmission, diffusion, storage, disposition, reception, attainment or access to the Contents.
b. The violation of the rights of the intellectual and industrial property, of corporate secrets, of compromise contracts of any kind, of the rights of honor, of personal intimacy, family and the image of the person, the right of ownership and any other nature pertaining to a third party as a consequence of the transmission, diffusion, storage, disposition, reception, attainment or access to the Contents.
c. Acts of disloyalty and illegal advertising as a result of the transmission, diffusion, storage, disposition, reception, attainment or access to the contents.
d. Lack of veracity, accuracy, exhaustively, relevancy and/or actuality of the Contents.
e. The unsuitability for any purpose and the defraudation of the expectations generated by the Contents.
f. The breach and non-execution or termination of the obligations contracted by a third party for any reason throughout access to the Contents.
g. Any and all defects of any kind of the Contents as a result of transmission, diffusion, storage, disposition to others or transmitted by any other form or obtained or accessed throughout the Portal and its Services.
- Veracity, accuracy, exhaustivity and actuality
ANDROMEDICAL does not guarantee the veracity, accuracy, exhaustivity and actuality of its Contents, excluding any responsibility for damages and prejudices of any nature due to the lack of veracity, accuracy, exhaustivity and/or actuality of its Contents.
- Exclusion of guarantee and the responsibility for the information, contents and services lodging at the Portal
The Portal, for disposition of the users, has technical elements (such as other links, banners, buttons and tools) that allow the Users to access pertinent sites inquired by a third party (hereafter referred as “Linking Sites”). The installation of these directories and finding tools in the Portal, have as the only subject, to facilitate to the Users the search and access to the information, contents and services available through the Internet.
ANDROMEDICAL, by itself or by a third party, does not offer nor commercialize the information, the contents and available services at the Linking Sites. It does not create nor control the information, the contents and available services at the Linking Sites. Therefore, the User must use extreme prudence in the evaluation and the use of the information, its contents and existing services at the Linking Sites.
ANDROMEDICAL DOES NOT GUARANTEE NOR ASSUMES ANY KIND OF LIABILITY FOR DAMAGES AND PREJUDICES OF ANY KIND AS A RESULT OF:
- THE FUNCTIONING, AVAILABILITY, ACCESSIBILITY, OR CONTINUITY OF THE LINKING SITES
- THE MAINTENANCE OF THE INFORMATION AND CONTENTS OF THE SERVICES EXISTING IN THE LINKING SITES
- THE ACT OF BORROWING OR TRANSMITTING THE INFORMATION, ITS CONTENTS AND SERVICES EXISTING IN THE LINKING SITES
- THE QUALITY, VERACITY AND UTILITY OF THE EXISTING INFORMATION, CONTENTS AND SERVICES IN THE LINKING SITES FOLLOWS THE SAME TERMS AND WITH THE SAME CONDITIONS AS THE GENERAL CONDITIONS INCLUDING THE RESPONSIBILITY OF THE CONTENTS AND SERVICES BY A THIRD PARTY THROUGHOUT THE PORTAL.
- Exclusion of guarantees and responsibilities for the use of the Portal, its Services and its Contents for the User
ANDROMEDICAL has no obligation to control the use of the Portal by its Users, its Services and its Contents per these General Conditions and, in this matter, the applicable Particular Conditions, not even in a diligent and prudent manner. ANDROMEDICAL has no obligation to verify the identity of its Users nor the veracity, use, exhaustively, authenticity of the data provided by its Users or given to other Users.
ANDROMEDICAL EXCLUDES ANY RESPONSIBILITY FOR ANY DAMAGES AND PREJUDICES OF ANY NATURE AS A RESULT OF THE USE OF THE SERVICES AND THE CONTENTS FROM THE USERS.
Fifth: Intellectual and Industrial Property
against morality and will not make ANDROMEDICAL liable for any judicial demand or extrajudicial as a consequence of such of improper use.
Sixth: Violation of the rights of the intellectual and industrial property
In the instance that any User or a third party consider that any of the contents has been introduced/added to the Portal violating its rights of intellectual and industrial property, will submit a notification to ANDROMEDICAL with the following information:
* Personal data: name, address, telephone number and e-mail address of the claimant.
* Authentic signature or equivalent with the personal data of the bearer of the intellectual and industrial property assumed infringe or the person(s) authorized to act on his behalf. The authorized person(s) must have credentials to represent the above captioned rights.
* Precise and complete indication of the contents protected by the rights of the intellectual and industrial assumed infringe, as well as its localization in the Portal.
* Clear and express declaration that the use of the indicated contents have been executed without the consent of the bearer and the right of the intellectual and industrial property assumed infringe.
* Clear and express declaration and under the claimant's responsibility that the information provided in the notification is exact and that the use of the contents represents a violation of his rights of intellectual and industrial property.
These notifications must be submitted to
Seventh: No license
ANDROMEDICAL does not provide a license nor authorization for any use under its rights of intellectual and industrial property or any other property or right related with the Portal, its Services and its Contents.
Eight: Applicable law and jurisdiction
The present conditions, as well as the relationship between You and ANDROMEDICAL are govern by the Spanish Legislature.
The fact that ANDROMEDICAL does not demand nor practice rights or stipulations of the present conditions, it will not constitute, nor it will be understood as a resignation to said rights or stipulations. If a competent Court determines that any stipulation of the present conditions is void, the parties agree that the Court will attempt to respect and will make effective the intention of the parties reflected throughout the stipulation; and the rest of the stipulations will keep its full efficacy.
In order to resolve any controversy arisen from this contract, the parties, under self-express resignation of its jurisdiction; they will be submitted to the jurisdiction and the Courts of Madrid, the Capital (Spain).
Ninth: Process for illegal activities
If you have knowledge of any fraction produced by any User/Users of the present conditions, or You have knowledge of actions that will affect the service of the Portal, You can forward this information to:
c/Gran Vía 6
28013 Madrid (España)
Tel:+34 902 305 405
Fax:+34 902 305 406
Tenth: Duration and termination
At the beginning, the Portal’s service and all other services have, an indefinitie duration. ANDROMEDICAL, however, is authorized to finalize or suspend the services of the Portal or any other service at any time, without prejudice over the specified particular conditions. If it is reasonable, ANDROMEDICAL will previously announce the termination or suspension of providing the Portal’s service and all other services.