Welcome to the WINT & LILA website. The following terms and conditions (the “Terms and Conditions“) will govern your use of the website https://www.casalbor.com, which will include, without limitation, the homepage, microsites, splash page and any other pages of the same top-level domain name and all third party websites bearing the Casalbor Trade brand. S. L.U. and all it’s content (from now on, the “Site“), as provided by the company registered in the Mercantile Registry of Madrid – Volume 32140, Folio 146, Page nº M-578391 and with registered office at C / Camino Cerro de los Gamos, 1 Building 3 Floor 2, 28224 Pozuelo de Alarcón, Madrid.
Casalbor Trade S.L.U. may modify the Terms and Conditions at any time and without prior notice, publishing such changes on the website. BY USING THE WEBSITE, USERS ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO COMPLY WITH THEM. If unsatisfied, they will not be able to access the website or use it in any way. The use of the website after the publication of any modification of the Terms and Conditions will imply the acceptance of such changes.
AGE REQUIRED TO USE THE WEBSITE
This website is intended exclusively for use (i) by persons of legal age to purchase and consume alcoholic beverages in their country of residence or, if they access the website from a different country, in the country from which they make the access and (ii) in places where the sale, The consumption and advertising of alcoholic beverages are permitted.
To access or otherwise use the Site, (i) you must be of the minimum legal age to purchase and consume alcoholic beverages in your country of residence or in the country from which you access (as applicable), and (ii) the sale, consumption and advertising of alcoholic beverages must be permitted there. Persons under the legal age to purchase and consume alcoholic beverages or who reside in territories where the sale, consumption or advertising of alcoholic beverages is not permitted may not use the Website in any way.
SOCIAL MEDIA PLATFORMS AND PAGES LINKED TO OR FROM THE WEB
The Site may include links to social media platforms such as Facebook, Instagram, Twitter, Youtube, LinkedIn, Flickr, etc. (“Social Media Platforms”). As part of the services available on the website and its general use by users, users may follow links to Social Media Platforms on the website, share the website link (or links to certain parts of it) on Social Media Platforms, upload photographs or other content that are already stored on Social Media Platforms to the website (provided that such photographs and content are property of the user making the posting), identify third parties on the Site by reference to their Social Media Platform identities (subject to authorisation from such third parties) or interact between the Site and the Social Media Platforms in any authorised manner. In such cases, users agree to comply with these Terms and Conditions and the terms and conditions of the Social Media Platforms used. Please note that your use of the Social Media Platforms is governed by separate terms and conditions and privacy policies available on the applicable social media platforms.
Users declare and acknowledge that Casalbor Trade S.L.U. will have no responsibility for the accuracy or availability of the information provided by sites that may be linked to the website (the “Linked Sites“). Links to Linked Sites do not constitute any endorsement or association by us of such sites or their content, products, advertising or other materials presented therein. We are not the authors, editors or supervisors of such Linked Sites. Users represent and acknowledge that we shall not be liable in any way, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with the use of such content or the products or services available on such Linked Sites or for having relied on such content, products or services.
SERVICES AVAILABLE ON THE WEB
We will make certain services available to users through the website. Users may view information about our products, watch movies and documentaries, stream or download music, tell their stories, upload their photographs, music or other content, identify third parties in their stories, photos, music or other content, enter contests, chat with other users, post comments on bulletin boards, download screensavers or other software, send branded material to friends, etc. (from now on referred to as the “Services“, which will be part of the definition of “Site”).
We will not solicit or wish to receive confidential or secret information or material from users through the Site through any of the Services, by email or by any other means. Information and materials submitted by users shall not be considered confidential or secret.
Users shall be fully responsible for all information and materials they provide through the Site, whether names, personal information, photographs, films, stories, music, ideas, creative concepts or other materials, information or data of any kind and in any format and any other content they post on or through the Site (from now on, the “User Information“).
By sending User Information to the website, users represent and acknowledge that such information is their property and that no other person has rights over it or has obtained all the necessary authorisations and permissions to be able to send the User Information to the web and for it to appear on it. Users agree that User Information will not include: content that infringes the rights of third parties, including, but not limited to, intellectual property rights, rights of privacy, publicity or other personal or proprietary rights; misleading or fraudulent content; illegal content; content that promotes excessive or irresponsible drinking of alcohol; content that is or could reasonably be considered defamatory, discriminatory, obscene, abusive, threatening, offensive or pornographic, or that incites hatred or violence or contains images of nudity or graphic or gratuitous violence or depicts any illegal activity; or content that refers to ammunition, firearms or the sale of tobacco products. Users will hold us harmless for failure to comply with these obligations.
If you have provided us with User Information, we reserve the right to delay the publication of the same on the website at any time to carry out approval procedures. Likewise, we reserve the right to remove any User Information or content from the website at any time and for any reason. Due to our commitment to promoting a message of responsible consumption, we require our users to be sensible, responsible and considerate in their interaction with this website. We will track User Information and ensure that it complies with our corporate social responsibility policies. We will not allow any User Information that:
(a) shows persons who appear not to be of legal drinking age or who originate from persons who are not of legal drinking age;
(b) shows any person, in images or videos associated with the act of consuming alcohol, who is not or does not appear to be over 25 years of age (NB: persons between the legal drinking age in their countries of residence and 24 years may be shown as long as they do not appear in a context that associates them with the act of drinking alcohol, i.e. there is no indication that they have just consumed, are consuming, or are about to consume alcoholic beverages);
(c) promotes the purchase or consumption of alcoholic beverages by minors;
(d) encourages the illegal, irresponsible or excessive consumption of alcoholic beverages;
(e) promotes excessive consumption;
(f) convicts or criticises in any way any person who chooses not to drink alcohol;
(g) portrays irresponsible drinking in a positive light or associates the act of consuming alcoholic beverages with the act of driving, operating any machinery, or engaging in any hazardous activity;
(h) suggests that the consumption of alcoholic beverages has physical, psychological, or intellectual benefits;
(i) suggests that alcoholic beverages embolden, give confidence, or help overcome personal or social problems;
(j) suggests that the consumption of alcoholic beverages contributes to any success (for example, in the realm of personal relationships, social success, popularity, work, and sports or suggests that mental or physical performance can be improved);
(k) glorifies the strength of the alcohol, the relatively high alcohol content, or the intoxicating effect of a drink;
(l) links alcohol consumption to any illegal, antisocial, dangerous, aggressive or violent behaviour;
By providing or submitting User Information to the Site or us, users grant us a free, unlimited, worldwide, indefinite, irrevocable, non-exclusive. Fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or in part) throughout the world and to incorporate it into other works in any formats, supports or technologies currently known or that could be developed in the future.
Users also declare that they have irrevocably waived any moral rights in the published materials in our favour. Users should be aware that by voluntarily disclosing personal information (such as their usernames, email addresses or phone numbers) on the website or in its public sections (for example, through comments, chats or bulletin boards), such information may be accessed by, collected and used by others, which could lead to the receipt of unsolicited messages sent by third parties. Visitors and users of the website are encouraged to exercise caution when providing personal information.
Use the Site to download music or for other purchase promotions where you are provided with a user identification code, password or any additional information as part of our security procedures. You must treat such information as confidential and refrain from disclosing it to any third party. In our sole discretion, we reserve the right to disable any user identification code or password, whether chosen by users or assigned by us, at any time. Any downloading or streaming of music will be for the users’ own personal, non-commercial use. Users agree that they will refrain from:
(a) copy, reproduce, “shoot”, record, make available to the public or otherwise use any part of the music downloads or transmissions or any part thereof in a manner not permitted under these Terms and Conditions;
(b) sell or attempt to sell any invitation to access music downloads or resell any code used to access the music download service;
(c) provide your identification code or use the unique identification code of any other person;
(d) reverse engineer, decompile, disassemble, modify or create derivative works from music downloads, music transmissions or any portion thereof;
(e) circumvent any technology used by us, our licensors or any third party to protect the content accessible through the Site.
In addition to the above, users agree to make every effort to prevent the unauthorised use of music downloads and streams. 13. To the extent permitted by law, we disclaim any liability for any loss and damage that users may experience due to the use or disclosure of User Information. This section will not affect your rights under privacy laws to protect your data.
INTELLECTUAL PROPERTY RIGHTS
Concerning the relationship between users and us [including our affiliates, namely any associated company * at any time (from now on referred to as an “Associated Company”), we are the owners or authorised users of any trademarks and service marks displayed on the Site, as well as the copyright holders or licensees of the content or information appearing on the Site, unless otherwise specified. Except as provided herein, the use of the website does not grant users any license to any content, functionality or materials they may access through it. Any commercial use of the website is strictly prohibited except in the ways provided herein or as we could approve it previously and in writing. Users must refrain from downloading or saving copies of any content or screens except as provided in these Terms and Conditions or as permitted on the website. Yes, you may print one (1) copy of information from the website solely for your personal use or for your records. If you use a website other than those provided herein, copyright and other laws of the United Kingdom or other countries or territories may be infringed, and liability may be incurred for such unauthorised uses.
We do not grant any license or other authorisation to any user of our trademarks, service marks, copyrighted materials or other intellectual property through their inclusion on the Site. Users accept and acknowledge that we may use in any way any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that they facilitate or communicate to the web.
INTERNET ACCESS
Users acknowledge and accept that, about their use of the website, they must: (a) provide your Internet access and pay any service fees associated with such access, and (b) provide yourself with all equipment necessary for your access to and connection to the Internet, including, without limitation, a computer, software, modem, and a means of contact or access to the Internet. We will not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your website use. USER
INFORMATION AND PRIVACY POLICY
During your use of the website, we may ask users and collect information about themselves and their use of the website. Our policies regarding the collection and use of data concerning User Information are outlined in the Privacy Policy. By using the website, users agree to be bound by the Privacy Policy and agree to be solely responsible for the accuracy, content and updating of User Information.
CONFIDENTIALITY
Users agree that, in their use of this website, no communication or information transmitted through it will be treated as confidential or secret.
USER BEHAVIOR
In their use of the web, users agree not to upload, post, transmit, distribute or publish in any way and through the web any material that:
(a) is protected by copyright or other proprietary or intellectual property rights, or derivative works, except as provided herein or without obtaining our or the permission of the copyright holder;
(b) is unlawful, threatening, harassing, profane, illegal, criminal, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another person or group of persons), invasive of the privacy of others, or incites hatred;
(c) restricts or inhibits the use of this website by third parties;
(d) constitutes or encourages conduct that could constitute a criminal offence or give rise to civil liability, or
(e) contains viruses or other harmful components, advertising of any kind, indications of origin or false or misleading statements of origin.
Users also warrant and agree that they will refrain from:
(a) impersonate any other person or entity or misrepresent your affiliation with any other person or entity;
(b) upload, post, post, transmit, reproduce, distribute or otherwise exploit any information or material obtained through the Site for commercial purposes (except as expressly permitted by the provider of such information or material);
(c) spam mis-spamming to carry out flooding attacks;
(d) attempt to gain unauthorised access to other computer systems through the Site. Except as expressly authorised herein, users may not upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself, nor derivative works, given that the website is protected by copyright as a collective work under applicable laws on intellectual property.
We shall have no obligation to monitor any website content and assume no responsibility. Users represent and agree, however, that we will retain the right to monitor the Site and to disclose any information that may be necessary or appropriate to comply with any law, regulation or another request by authorities to operate the Site properly or to ensure its protection and that of its users. We will not knowingly control or disclose private email messages unless required by law. We reserve the right to refuse to post and remove information or materials, in whole or in part, that, in our sole discretion, are unacceptable, objectionable, inappropriate or violate these Terms and Conditions.
Users agree to hold us and our directors, officers, employees, agents and affiliates harmless from and against any claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and other legal charges that may arise from your website or the posting or transmission of any message, information, software or other materials through it.
DISCLAIMER OF WARRANTIES
The Site, including but not limited to its content, functions and materials, provided “as is” without warranties of any kind, either express or implied, including, but not limited to, warranties regarding your information, data, data processing services or uninterrupted access; warranties regarding the availability, accuracy, usefulness or content of the information, and promises of title, non-infringement, merchantability or fitness for a particular purpose. We do not guarantee that the website or its functions, functionalities or content will be provided in a timely, secure, and free of interruptions or errors, nor do we guarantee that any defects that may have will be corrected. We need to ensure that the website meets the demands of users. No advice, results or information, whether verbal or written, that users may obtain through us or the website will generate any guarantee other than those expressly defined herein. If users are unsatisfied with the web, their only recourse will be to stop using it.
LIMITATION OF LIABILITY
To the extent permitted by law, neither we nor our directors, officers, employees, agents, affiliates or providers of content or services shall be liable for any indirect, special, incidental, consequential, exemplary or punitive damages or losses whatsoever resulting, directly or indirectly, from the use, or inability to use, the Site or its content, materials or functions, including, but not limited to, loss of profits or loss of revenue, loss of profits or anticipated contracts, loss of anticipated savings, loss of data, loss of goodwill or loss of business, even if such persons have been advised of the possibility of such damages or losses. Some territories do not allow the limitation or exclusion of liability for accidental or consequential damage or loss, so some of the above limitations may not apply to specific users. We will not be liable under any circumstances for any content posted, transmitted, exchanged or received by any user, person, or others on their behalf through the website. Our total liability to users for any damages, losses and actions (in contract, tort or tort, including, without limitation, negligence or otherwise) arising out of the terms and conditions or your use of the Site shall in no event exceed the cumulative amount of £100.
APPLICABLE LAW
We control and operate the website from our offices in Spain. The laws of Spain will govern everything related to the website and these Terms and Conditions. All visitors and users of the website agree to submit to the exclusive jurisdiction of the Spanish courts.
The laws of Spain will apply to the use of the website. We do not warrant that the materials on the Site are suitable for other locations or that they will be available for all territories. All those who choose to access the website from other areas will do so on their initiative and will be responsible for compliance with local laws to the extent that local laws are applicable.
MODIFICATIONS OF THE WEB
We reserve the right, for any reason and in our sole discretion, to terminate, change, suspend or desist from any aspect of the website, including content, functionalities or availability schedules. Likewise, we may limit certain website functionalities or restrict users’ access to all or part of the website without prior notice or penalty.
DESIGNATED AGENT UNDER COPYRIGHT LAWS
We respect the intellectual property rights of third parties and require those who use the website to do the same with ours. Anyone who believes that their works have been copied in violation of their copyright must submit the following information in writing (including by email) to the Designated Agent specified below:
Your address, telephone number, and email address;
Outer Consulting Spain S.L. Parque Empresarial Cerro de los Gamos, Edificio 3, Planta 2 Camino Cerro de los Gamos, 1 28224, Pozuelo de Alarcón, Madrid comunicacion@outerspain.com
A description of the copyrighted work and the subject of the claimed infringement;
A description of where on the website the allegedly infringing material is located;
A statement that the challenged use is held to be in good faith that the challenged use is not properly authorised by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorised to intervene on behalf of the copyright owner;
and A personal statement in which he declares, under penalty of committing a crime for false testimony, that the above information provided is accurate and that he is the copyright owner or authorised to intervene on his behalf.
