Skip to content
CLOSE

Terms and conditions

I. INFORMATION ABOUT THE INFORMATION SOCIETY SERVICE PROVIDER

The Internet website https://futurabasura.com/ (the “Website” or the “Website”) is owned and managed by Fernando Álvarez de Cienfuegos Montes (hereinafter, FUTURA BASURA), whose details, for the purposes of compliance with the obligations contained in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (“LSSI”), are as follows:

Name and surname: Fernando Álvarez de Cienfuegos Montes
Address: calle San Jerónimo nº 17, bajo, 18001, Granada.
Tax Identification Number: 44288765B
E-mail address: alwaysopen@futurabasura.com

II. GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF THE FUTURA BASURA WEB SITE

1. OBJECTIVE

These General Conditions regulate the use (including mere access) of the FUTURA BASURA website, including the contents and services made available on it (the “FUTURA BASURA Site”). Any person accessing the FUTURA BASURA Site (“Users”) agrees to be bound by the General Terms and Conditions in force at every moment. Certain content and services that FUTURA BASURA makes available to the User on its website may also be regulated, when so indicated, by special conditions which, in case of conflict, will prevail over the General Conditions. The user also submits, every time he/she uses the corresponding Content or Service, to the corresponding applicable Particular Conditions.

“User” means the person who accesses, browses or uses the services and activities, whether free of charge or for a fee, carried out on the Website.

Consequently, the User must carefully read the General Conditions each time he/she intends to use the FUTURA BASURA Site, as well as, if applicable, the corresponding Particular Conditions each time he/she intends to use the Content or Service in question.

In the event that the User does not understand and/or does not accept all or part of the Terms and Conditions, he/she must cease using this Website. Any use other than that authorised is expressly prohibited, and Fernando Álvarez de Cienfuegos Montes is empowered to deny or withdraw access to and use of the Website, at any time and without prior notice, to those users who do not comply with these general conditions or the specific conditions which, where applicable, may be applicable.

In any case, Fernando Álvarez de Cienfuegos Montes, reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Site FUTURA BASURA, as well as the present General Conditions or the corresponding Particular Conditions.

2. ACCESS TO AND USE OF THE FUTURA BASURA WEBSITE

2.1 Use

Unless otherwise provided in the Special Conditions, the use of the FUTURA BASURA Site is free of charge.

Notwithstanding the above, it should be noted that the enjoyment or provision of some of the services offered by FUTURA BASURA may be subject to prior contracting, including through the online shop enabled, which will be governed by the corresponding Special Conditions of Sale, which must be accepted by the User.

The User is aware and voluntarily and expressly accepts that the use of the FUTURA BASURA Site is in any case under his sole and exclusive responsibility.

In its use, the User undertakes not to carry out any conduct that could damage the image, interests and rights of FUTURA BASURA or third parties or that could damage, disable or overload the FUTURA BASURA Site, or prevent, in any way, the normal use of the FUTURA BASURA Site.

FUTURA BASURA adopts reasonably adequate security measures to detect the existence of viruses. However, the User must be aware that the security measures of computer systems on the Internet are not entirely reliable and therefore FUTURA BASURA can not guarantee the absence of viruses or other elements that may cause alterations in computer systems (software and hardware) of the User or their electronic documents and files contained therein.

2.2 Contents

The Contents of the Site FUTURA BASURA are made available to the User with information from both own sources and third parties, not being able to guarantee FUTURA BASURA the accuracy, completeness, and / or authenticity of the contents of third parties.

2.3. Restrictions on use

When you access our website, you are expressly authorised to view all public information contained on the website. Consequently, the User undertakes not to make use of any of the information or data, of whatever nature and format, and/or any of the services that may be offered on the Website at every moment (the “Contents”) in the following manner:

1. You are not authorised to reproduce or copy, distribute, modify, transfer or publicly communicate the information contained on the website, unless you have the authorisation of the owner of the corresponding rights or it is legally permitted.

2. You are not authorised to use the information contained on the website for direct sales purposes or for any other commercial purpose, to send unsolicited messages addressed to a number of people regardless of their purpose, or to market this information in any way.

3. You are not authorised to remove, evade, manipulate the data identifying the rights of FUTURA BASURA or that of its owners incorporated (without limitation, copyright symbols, watermarks or similar measures), as well as technical protection devices, digital fingerprints or any other protection mechanisms.

4. You are not authorised to disassemble, decompile or reverse the databases in which the information on the Website is stored.

5. You are not authorised to carry out “spamming” practices or acts in the use or as a consequence of the use of the Website or the information and services for sales or other commercial purposes, to a number of persons without their prior request or consent, or any other unsolicited messages or messages not previously consented to to a number of persons, and not to send unsolicited electronic message chains not previously consented to, or to use distribution lists that can be accessed through the Website.

6. It may not carry out activities that may be considered illegal, immoral or contrary to public order. These prohibited activities include, but are not limited to, the following:

(a) Sending offensive, abusive or threatening communications;

(b) Unlawful access to third party computer systems;

(c) Dissemination of computer viruses or software intended to cause damage to data or computer systems or to infringe the privacy of third parties or to unlawfully overcome security and/or protection systems;

(d) Access to and/or dissemination of child pornography;

(e) Apology for terrorism;

(f) Access to and/or dissemination of racist or xenophobic content.

7. You will not use the Contents or services included in the Web to carry out activities that may damage the image of FUTURA BASURA or the artists who collaborate in it.

3.- INTELLECTUAL PROPERTY INFRINGEMENT

The creations and works offered on the Website (including, but not limited to, texts, photographs, graphics, images, icons, technology, computer programs, web pages, links, sound and audiovisual content, their graphic design and source codes, as well as any trademarks, domain names and other distinctive signs and, in general, any type of work, creation or expression – or combination thereof – included on the Website or used to identify it or to identify parts thereof (hereinafter, the “Protected Elements”) are subject to copyright protection, any type of work, creation or expression – or a combination of these – included in the Web or used to identify it or to identify parts of it) (hereinafter, the “Protected Elements”) are subject to intellectual property rights owned by FUTURA BASURA or, failing that, by the authors of the works exhibited. The works may be advertised and / or marketed with the name of the artist, under a pseudonym or anonymously.

Corresponds to FUTURA BASURA and its owners the exclusive exercise of the rights of exploitation of the aforementioned intellectual property, in any form and, in particular, the rights of reproduction, distribution, public communication and transformation. FUTURA BASURA does not cede totally or partially, nor does it grant any licence or authorisation to the users on the rights of intellectual or industrial property or any other form related to the Web.

Likewise, FUTURA BASURA guarantees that the contents, including those of intellectual property, are not of an illicit nature and do not infringe current legislation. Therefore, the contents of the Web will not be xenophobic, pornographic, discriminatory, racist or in any way encourage violence. In addition, FUTURA BASURA will adopt the legal measures it deems appropriate to prevent any conduct contrary to the law or morality.

The use by the User of those Protected Elements owned by third parties (including, without limitation, the trademarks or distinctive signs of third parties) shall be subject to those conditions that, where appropriate, said third parties may establish and which the User undertakes to be aware of.

In no case it will be understood that the mere access or navigation of the User through the Website implies any kind of transmission, licence or total or partial transfer of these rights by FUTURA BASURA in favour of the User, nor that the User is authorised to use or exploit these rights publicly.

It is strictly forbidden to remove or manipulate the copyright notice (“copyright”) and any other identification data or recognition of exclusive ownership of the rights of FUTURA BASURA, in relation to the Website or protected content found on it.

Likewise, it is strictly forbidden to reproduce, distribute, publicly communicate, reuse, extract, send by post, modify or in any way publicly use all or part of the contents included in the Website.

Any infringement of the provisions of this section will be considered as an infringement of intellectual property rights owned by FUTURA BASURA giving rise to the legally established responsibilities to that effect and may be pursued through administrative, civil or criminal actions, as appropriate.

4. HYPERLINKS AND LINKED SITES

4.1 Hyperlinks: The User and, in general, any natural or legal person who intends to establish a hyperlink or technical linking device (for example, links or buttons) from its website to the FUTURA BASURA Website (the “Hyperlink”) must obtain prior written authorisation from FERNANDO ÁLVAREZ DE CIENFUEGOS MONTES by submitting a request to the following e-mail address: alwaysopen@futurabasura.com

The establishment of the Hyperlink does not imply in any case the existence of relations between FUTURA BASURA and the owner of the site or web page in which the Hyperlink is established, nor the acceptance or approval by FUTURA BASURA of its contents or services.

In any case, FUTURA BASURA reserves the right to prohibit or disable at any time any hyperlink to the site FUTURA BASURA, especially in cases of unlawful activity or content of the website in which the hyperlink is included. The User will be liable to FUTURA BASURA, or to third parties, for any damages that may be caused as a result of the breach of these obligations.

4.2 Linked Sites

The FUTURA BASURA Site makes available to the User, solely for the search for, and access to, information, content and services available on the Internet, hyperlinks or technical linking devices (e.g. links or buttons), which allow the User to access Internet sites or portals belonging to or managed by third parties.

FUTURA BASURA does not offer or market by itself or through third parties the information, content and services available on the Linked Sites, nor does it approve, supervise or control in any way the content and services and any material of any nature existing in the same, assuming the User exclusively all responsibility for navigation through the same. The responsibility of FUTURA BASURA regarding the content and information offered by Internet sites to which hyperlinks are directed included in the Web as well as those Contents of or from third parties that are hosted on the Web, shall be governed by the provisions of Articles 16 and 17 of the Law of Services of the Information Society, Law 34/2002.

FUTURA BASURA is not responsible for and does not guarantee that access to the Contents and other parts of the Web is legal from outside Spain. Access to the Web from a country other than Spain, must be carried out in accordance with the rules applicable in the territory from which the User accesses the Web.

5. LIABILITIES AND GUARANTEES 

FUTURA BASURA manages the Web Site diligently and, therefore, tries at all times to maintain complete and accurate information on all services offered, updating it at all times. Notwithstanding the above, it is possible that, occasionally, there may be some discrepancy in the information provided on this Website.

Therefore, although FUTURA BASURA makes its best efforts to ensure that the contents of the Web are correct and up to date, FUTURA BASURA does not guarantee and is not responsible for any inaccuracy and / or lack of correction and / or lack of updating of the same.

5.1. Exclusion of warranties and liabilities

1. FUTURA BASURA is only responsible for its own services and contents directly originated by it and properly identified as industrial and intellectual property of FUTURA BASURA.

2. FUTURA BASURA shall not be liable for:

I.- Damages of any nature that may derive from the provision or offer of products or services by third parties or entities through the Web, and in particular from:

  • non-compliance with the Law, morality and good customs, as well as public order, or the use of the products and/or services offered in a non-diligent or incorrect manner, or for purposes or effects that are illicit or contrary to the provisions of these general conditions or the applicable conditions that may be applicable.
  • infringement of industrial and intellectual property rights.
  • breach of professional secrecy.
  • infringement of the rights to honour, personal and family privacy and personal image, and those relating to the protection of children and young people.
  • engaging in acts of unfair competition.
  • engaging in unlawful advertising or acts constituting a criminal offence or of a pornographic nature.
  • the unlawfulness or lack of truthfulness, accuracy, reliability, relevance, timeliness and completeness of the content and information transmitted or made available to users, including information and services provided by third parties or by users through the Web.
  • the non-fulfilment or defective fulfilment or termination for any reason of the contracts entered into with third parties for the provision of services through the Website.
  • the incapacity of any User Person or the impersonation of a third party by the User Person.

II.- FUTURA BASURA will not be responsible in the event that the information included on the Web by any user offends others, insults them, damages their right to honour or privacy or harms them in any other way, since, in accordance with the provisions of the Terms and Conditions, users of the Web are obliged not to enter information that may be considered illegal, immoral or contrary to public order.

III.- FUTURA BASURA will not be responsible for damages that may arise from the knowledge that unauthorised third parties may have of the type, conditions, characteristics and circumstances of access and use that users make of the Web and the information and services, as well as non-compliance by users of their obligations in relation to personal data.

IV.- FUTURA BASURA will not be liable for damages of any nature that may be due to the existence of errors in accessing or using the website, as well as in the access or use of its services or content, although it undertakes to avoid, update or correct such content. In other words, liability is excluded for the lack of availability or continuity of the functioning of the website and its services, as well as for failures in access to the different web pages or those from which the services are provided.

V.- FUTURA BASURA will not be responsible for damages of any kind that may be due to the information contained in its website, to which this website may send hypertext links or “links”. The purpose of the “links” that appear in the page is purely informative, not being FUTURA BASURA responsible in any case of the result that you try to obtain by means of the access to the mentioned “links”.

Therefore, FUTURA BASURA will not respond for: 

the availability, accessibility and functioning or continuity of the linked sites.

the quality, legality, reliability, usefulness, truthfulness, validity, completeness and/or authenticity of the content of the linked sites.

maintenance, provision or transmission of content on linked sites.

VI.- FUTURA BASURA will not be responsible for damages of any kind that may be due to the existence of viruses in the computer system, electronic documents or user files. Similarly, by the presence of viruses in the services provided by third parties through the Web, causing alterations in the computer system, electronic documents or user files.

VII.-FUTURA BASURA shall not be liable, under any circumstances, including negligence, for loss of business, loss of use, loss of profits, loss of data, indirect, incidental, special or consequential damages resulting from access or use by Users of the Website.

VIII.- FUTURA BASURA respects the moral right of the authors of the exhibited works to make their work known with their own name, under pseudonym or anonymously, not being responsible in any case of this decision and of the consequences that it could entail.

IX.-The User exempts FUTURA BASURA from any liability that may arise as a result of breach of the provisions of these Terms and Conditions, in particular, but without limitation, the Limitations on Use of the Web regulated in the same.

6.- APPLICABLE LAW AND JURISDICTION

The provision of the Website service and these General Conditions of Use of the Website are governed by Spanish law. To the extent permitted by law, the parties, expressly waiving any other jurisdiction to which they may be entitled, agree to submit to the jurisdiction of the Courts and Tribunals of the city of Granada.

7.- CONTACT DETAILS

Should any User have any questions about these Terms and Conditions or any comments about the FUTURA BASURA Site, please contact alwaysopen@futurabasura.com.