Legal Notice

Ownership

In compliance with Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE), ACTTIV LEISURE PROJECTS S.L. (hereinafter ACTTIV), pursuant to Article 10 of the aforementioned Law, provides the following information:

ACTTIV, with Tax Identification Number (C.I.F.) B-83465641, registered in the Madrid Companies Register, Volume 18,202, Page 47, Section 8, Sheet M-315190, Entry 1, with its registered address at C/ Rufino González, 8, Building 2, 4th floor right – 28037 Madrid, is the owner of the website WWW.ACTTIV.ES. The company’s contact email address is: hola@acttiv.es

General Terms of Use

This Legal Notice sets out the terms and conditions governing access to and use of the www.acttiv.es website (hereinafter the site or website). ACTTIV makes the website available to Internet users to provide information about its services, programmes, and data.

We welcome you and invite you to read carefully these General Terms of Use (hereinafter, the Terms of Use), which outline the rules that apply to your browsing on this website, in accordance with the applicable Spanish regulations, regardless of any general terms and conditions of contract that may apply. As ACTTIV may update these Terms of Use in the future, we recommend visiting this section regularly to stay informed of any changes.

In line with our commitment to transparency, clarity and simplicity, we inform you that any suggestions, queries or concerns regarding these Terms of Use will be welcomed and addressed by contacting ACTTIV at the email address provided above.

1. Purpose

ACTTIV provides the content and services available on this Website subject to these General Terms of Use, as well as the personal data processing policy (hereinafter, the Privacy Policy). Accessing or using this Website in any way constitutes your status as a User and implies full and unreserved acceptance of each and every one of these General Terms of Use, which ACTTIV reserves the right to modify at any time. Therefore, it is the responsibility of every User to read the applicable General Terms of Use carefully on each occasion they access the Website. If you do not agree with any of the terms stated herein, you should refrain from using this Website.

Please also note that specific conditions may sometimes be established for the use of certain content and/or services offered on the Website. The use of such content or services will imply acceptance of the specific conditions outlined therein.

2. Services

Through the Website, we offer Users access to information about our services, programmes or data (hereinafter, “the services”).

3. Privacy and Data Processing

When access to specific content or services requires the submission of personal data, Users must ensure that the information provided is truthful, accurate, authentic and up to date. The company will process such data automatically, according to its nature or purpose, and in accordance with the terms stated in the Privacy Policy section.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all content displayed on the Website — in particular designs, texts, images, logos, icons, buttons, software, trade names, trademarks or any other signs that may be used commercially and/or industrially — are subject to Intellectual Property rights. All trademarks, trade names or distinctive signs, as well as all industrial and intellectual property rights over the content and/or any other elements included on the Website, are the exclusive property of ACTTIV and/or third parties who have the exclusive right to use them in the economic sphere.
Therefore, the User agrees not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, and to hold the company harmless from any claims arising from the breach of these obligations.
Access to the Website does not imply any kind of waiver, transfer, licence or full or partial assignment of such rights, unless expressly stated otherwise.
These General Terms of Use do not grant Users any other rights to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its Content beyond those expressly stated here. Any other use or exploitation of any rights will require the prior, express authorisation of the company or the third-party holder of the affected rights.

All content, texts, screenshots, designs, logos, images, computer programs, source code, and in general, any intellectual creation found on this site, as well as the site itself considered a multimedia artistic work, are protected by copyright legislation on intellectual property. The company owns the elements that form the graphic design of the Website, including navigation buttons, code, texts, images, textures, graphics and all other Website content, or in any case, holds the appropriate authorisation for their use.
Content on this Website may not be reproduced, in whole or in part, nor transmitted or stored by any information retrieval system in any form or by any means, without the prior written authorisation of the company.

Furthermore, it is strictly prohibited to remove, bypass and/or manipulate the copyright notice, technical protection measures or any information mechanisms that may be embedded in the content.
Users of this Website agree to respect the stated rights and to avoid any actions that may harm them. The company reserves the right to exercise all legal measures or actions available to defend its legitimate intellectual and industrial property rights.

ACTTIV may include references on its Website to trademarks or materials subject to third-party industrial or intellectual property rights. These remain the property of their respective owners and are used either under licence agreements with the holders or in accordance with the provisions of Spain’s Consolidated Intellectual Property Law.

5. Obligations and Responsibilities of the Website User

The User agrees to:

a) Use the Website, its content and services properly and lawfully, in accordance with:

1) the legislation in force at any given time;

2) the General Terms of Use of the Website;

3) public morality and generally accepted standards of good condunct; and

4) public order.

b) Ensure they have all the technical means and requirements necessary to access the Website.

c) Provide truthful information when filling in personal data via any forms on the Website, and keep such information up to date at all times to reflect the User’s actual situation. The User shall be solely responsible for any false or inaccurate statements they make, and for any harm caused to the company or third parties as a result of the information provided.

Notwithstanding the above, the User must also refrain from:

a) Using the Website and/or its content in an unauthorised or fraudulent manner for illegal purposes or effects, for purposes prohibited by these General Terms of Use, or in ways that may harm the rights and interests of third parties, or that could in any way damage, disable, overload, deteriorate or prevent the normal use of services, documents, files, or any content stored on a computer system.

b) Accessing or attempting to access restricted areas or resources of the Website without meeting the access requirements.

c) Causing damage to the physical or logical systems of the Website, its providers or third parties.

d) Introducing or disseminating computer viruses or any other physical or logical systems that could potentially cause damage to the physical or logical systems of the company, providers or third parties.

e) Attempting to access, use and/or manipulate the data of the company, third-party providers or other Users.

f) Reproducing, copying, distributing, making available to the public through any form of public communication, transforming or modifying the content, unless authorised by the rightful holder of the relevant rights or legally permitted to do so.

g) Removing, concealing or manipulating copyright notices, intellectual or industrial property statements, or any identifying data relating to the rights of the company or third parties embedded in the content, as well as any technical protection devices or information mechanisms included in the content.

h) Obtaining or attempting to obtain content using means or procedures other than those expressly provided for this purpose or indicated on the web pages containing the content, or those commonly used on the internet that do not involve a risk of damaging or disabling the Website and/or the content.

i) In particular, and by way of example but not limitation, the User agrees to transmit, disseminate or make available to third parties any information, data, contwnt, messages, graphics, drawings, sound and/or image files, video stills, recordings, software or, in general, any kind of material that:
– Is in any way contrary to, undermines or violates fundamental rights and public freedoms as recognised by the Constitution, International Treaties, or applicable law.
– Incites, promotes or encourages criminal, defamatory, slanderous or violent conduct, or conduct which is generally unlawful, immoral, contrary to commonly accepted standards of decency or public order.
– Incites, promotes or encourages discriminatory attitudes, actions or thoughts based on gender, race, religion, beliefs, age or condition.
– Includes, offers or enables access to products, elements, messages and/or services that are unlawful, violent, offensive, harmful, degrading or, in general, contrary to the law, morality or generally accepted standards of decency or public order.
– Induces or could induce an unacceptable state of anxiety or fear.
– Encourages or incites participation in dangerous, risky or harmful practices to one’s health or mental well-being.
– Is protected by intellectual or industrial property legislation belonging to the company or third parties, and the intended use has not been authorised.
– Is contrary to personal honour, privacy, family life or the personal image of individuals.
– Constitutes any type of unauthorised advertising.
– Contains any kind of virus or program that hinders the normal functioning of the Website.

If access to certain services and/or content on the Website requires a password, the User is obliged to use it diligently and to keep it confidential at all times. Consequently, the User shall be responsible for the proper safekeeping and confidentiality of their password and agrees not to share it with third parties, whether temporarily or permanently, nor allow unauthorised persons to access such services and/or content.
Likewise, the User undertakes to notify the company immediately of any event that may represent improper use of their password, such as (but not limited to) theft, loss or unauthorised access, in order to proceed with its immediate cancellation. Until such notification is made, ACTTIV shall be exempt from any liability arising from the misuse of the password, and the User shall be held fully responsible for any unlawful use of the Website’s services and/or content by unauthorised third parties.
Should the User breach any of the obligations set out in these General Terms of Use, whether through negligence or wilful misconduct, they shall be liable for all resulting damages or losses incurred by the company.

6. Liability

ACTTIV does not guarantee uninterrupted access, correct visualisation, downloading or usefulness of the elements and information contained on the website when such actions are impeded, hindered or interrupted by factors or circumstances beyond its control. It shall not be held responsible for decisions taken as a result of access to the content or information provided.

ACTTIV reserves the right to suspend the service or immediately terminate its relationship with the User if it detects any use of its Website or any of the services offered therein that contravenes these General Terms of Use. It shall not be held liable for any damages, losses, claims or expenses arising from use of the Website.

Its sole responsibility shall be to remove, as quickly as possible, any content that could cause such harm, provided that notification of such harm is received. In particular, it shall not be held responsible for damages that may result, including but not limited to:

a) interference, interruptions, failures, omissions, telephone outages, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads or errors in telecommunications lines and networks, or any other reason beyond the company’s control.

b) Unlawful intrusions through the use of malicious software of any kind and by any means of communication, such as computer viruses or similar threats.

c) Improper or inappropriate use of the Website.

d) Security or browsing errors caused by the improper functioning of the browser or by the use of outdated browser versions. The company’s administrators reserve the right to remove, either wholly or partially, any content or information on the Website.

ACTTIV disclaims all liability for any damages or harm of any kind resulting from the misuse of the services freely available on the Website by Users. It is likewise exempt from liability for the content and information received through data collection forms, which are used solely for query and support purposes. Furthermore, in cases where unlawful or inappropriate use of such services causes damage or harm, the User may be held liable for resulting losses or claims.

You agree to defend, indemnify and hold the company harmless from any damages and losses resulting from claims, actions or demands made by third parties as a consequence of your access to or use of the Website. Likewise, you agree to indemnify against any damage or loss resulting from your use of robots, spiders, crawlers or similar tools employed to collect or extract data, or any other action on your part that places an unreasonable load on the Website’s operation.

7. Hyperlinks (Links)

The Website includes or may include technical linking devices (links) that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In such cases, ACTTIV acts as an intermediary service provider in accordance with Article 17 of the LSSI and will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of any illegality and has not acted diligently to remove the link.
If the User believes that a Linked Site contains unlawful or inappropriate content, please notify ACTTIV at hola@acttiv.es. Such notification shall not, under any circumstances, imply an obligation for ACTTIV to remove the corresponding link.
The existence of Linked Sites does not in any way imply that ACTTIV has actual knowledge (or any other type of awareness) of their content or services in the event of illegality, nor does it imply that ACTTIV maintains agreements with the owners or operators of such Linked Sites. Likewise, the existence of such links does not constitute a recommendation, endorsement, identification or agreement by ACTTIV with the content, opinions or services offered on the Linked Sites.
Therefore, ACTTIV accepts no responsibility for the content of the Linked Sites or for their terms of use and privacy policies. It is the sole responsibility of the User to review and accept them each time they access and use those sites.

Any User, or in general any natural or legal person intending to establish a link from their website or page to the Portal, must obtain prior written authorisation from ACTTIV. The establishment of such a link shall not imply, under any circumstances, the existence of a relationship between ACTTIV and the owner or operator of the site or page where the link is placed, nor does it imply ACTTIV’s approval or endorsement of its content or services.
In all cases, ACTTIV reserves the right to prohibit or disable links to the Website at any time, especially where the activity or content of the linking site is unlawful. Consequently, ACTTIV may, at any time, request the removal of any link to the Website, and such link must be deleted immediately thereafter.
ACTTIV cannot control the information, content, products or services provided by other websites that link to this Website.

8. Data Protection

To use certain Services, Users must first provide certain personal data. In this regard, ACTTIV will process Personal Data automatically in compliance with Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, and REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation), along with Spain’s prior Law 15/1999 of 13 December and its implementing Royal Decree 1720/2007.
Users may access the data processing policy and the intended purposes of processing, as set out in the terms defined in the Website’s Privacy Policy.

9. Cookies

ACTTIV reserves the right to use cookie technology on the Website in order to recognise you as a frequent User and to personalise your use of the Website by preselecting your language or displaying your preferred or most relevant content. The cookies used by the Website, or by third parties acting on its behalf, are associated only with an anonymous user and their device, and do not, in themselves, provide the user’s personal data.

Cookies are files sent to a browser by a web server to record the User’s activity on the Website, provided the User has enabled their reception. If you wish, you can configure your browser to notify you on screen when a cookie is received and to prevent cookies from being installed on your hard drive. Please refer to your browser’s instructions and manuals for more information on this.

Thanks to cookies, ACTTIV can recognise the browser of the device used by the User in order to provide personalised content and offer navigation or advertising preferences aligned with the User’s demographic profile. Cookies are also used to measure site visits and traffic parameters, monitor usage, and track the number of entries.

10. Duration and Termination

The provision of services through this Website and all other related services is, in principle, of indefinite duration. However, ACTTIV may terminate or suspend any of the services provided through the portal at any time. Where possible, ACTTIV will announce the termination or suspension of the specific service in advance.

11. Declarations and Warranties

In general, the content and services offered on the Website are for informational purposes only. Accordingly, by offering them, ACTTIV does not make any warranties or representations regarding the content and services provided on the Website, including but not limited to implied warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except where such declarations and warranties cannot be excluded by law.

12. Force Majeure

ACTTIV shall not be held liable in any case of inability to provide service if such inability results from prolonged power outages, telecommunications failures, social conflict, strikes, uprisings, explosions, floods, acts or omissions of government authorities, or in general any event considered force majeure or unforeseen circumstances.

13. Dispute Resolution Applicable Law and Jurisdiction

These General Terms of Use, as well as the use of the Website, shall be governed by Spanish law. The parties agree to submit any disputes arising from these Terms or from the use of the Website to the courts and tribunals of Madrid, expressly waiving any other jurisdiction that may correspond to them.

Should any provision of these General Terms of Use be deemed unenforceable or void under applicable law or by court or administrative ruling, such unenforceability or nullity shall not render the rest of the Terms unenforceable or void as a whole. In such cases, ACTTIV shall modify or replace the affected provision with another that is valid and enforceable and that, as far as possible, achieves the intended purpose and effect of the original clause.