WEBSITE TERMS AND CONDITIONS

 

This website and all of its content, including the services provided, belongs to KOSMOS GLOBAL TENNIS, S.L. (hereinafter referred to as “KOSMOS TENNIS”), tax identification number B66803289, with registered office at Calle Beethoven 15, 6th Floor, 08021 Barcelona. Registered in the Registro Mercantil de Barcelona, Volume 45450, Folio 115, Page 488185 Inscription 1, contact telephone number +34 938 071 458, and contact email info@kosmostennis.com.

 

1- PURPOSE

 

KOSMOS TENNIS (hereinafter also the provider), being responsible for the website, makes available to users this document, which regulates use of the website www.daviscupfinals.com, in compliance with the obligations of Law 34/2002, of Corporate Information Services and E-Commerce (LSSICE or LSSI), as well as informing all users of the website about the conditions of use of the website.

Through the website, KOSMOS TENNIS provides users with access to and use of different services and content.

Any person accessing this website assumes the role of user (hereinafter the User), and implies full and unreserved acceptance of each and every one of the provisions included in this legal notice, as well as any other legal provisions that may apply.

Users must read this Legal Notice carefully whenever they access the website, as it may undergo changes as the provider reserves the right to modify any of the information that may appear on the website, without the obligation to give prior notice or inform Users of these obligations, with publication on the Provider’s website being sufficient.

 

2- CONDITIONS OF ACCESS AND USE OF THE WEBSITE

 

2.1 – Free access and use of the website

The provision of services by KOSMOS TENNIS is free of charge for all Users. However, some of the services provided by the provider through the website are subject to the payment of a fee determined by the general conditions of contract. You should consult these conditions at the following link:

https://www.daviscupfinals.com/es/terminos-y-condiciones

 

2.2 – User Registration

In general, the provision of Services does not require prior subscription or User registration. However, KOSMOS TENNIS does require the prior completion of corresponding User registration for the use of some Services. This registration will be conducted in the manner expressly indicated in the section of the service itself.

 

2.3 –  Accuracy of information

All information provided by the User must be truthful. For these purposes, the User guarantees the accuracy of the data provided in the forms for subscription to the Services. It is the responsibility of the User to keep all information provided to KOSMOS TENNIS permanently updated so that it corresponds, at all times, with their current situation. In all cases, the User shall be solely responsible for any false or inaccurate statements made and any damages caused to the Provider or third parties.

 

2.4 – Minors

In order to use the services, minors must obtain prior consent from parents, guardians or legal representatives, who are ultimately responsible for all acts carried out by minors in their care. Responsibility for determining the specific content to which minors have access lies with the minors themselves, which is why, to prevent the accessing of inappropriate content, mechanisms should be installed on their computers, in particular programs, filters and blocks, which limit the content available and, although not infallible, are particularly useful for controlling and restricting the material to which minors may have access.

 

2.5 – Obligation to use the website appropriately

EThe User agrees to use the Website in accordance with the Law and this Legal Notice, as well as in accordance with appropriate and proper conduct. To this end, the User shall refrain from using the site for illegal or prohibited purposes, anything that is detrimental to the rights and interests of third parties, or in any way that could damage, disable, overload, impair or impede the normal use of computer equipment or documents, files and any type of content stored on any computer equipment of the provider. 

 

In particular, and by way of example but not exhaustive, the User agrees not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that:

 

  1. is contrary to, disregards or infringes upon fundamental rights and public liberties recognised in the Constitution, international treaties and other applicable laws;
  2. induces, incites or promotes actions that are criminal, degrading, defamatory, violent or, in general, contrary to the law, morality or public order; 
  3. induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or status;
  4. is contrary to the right to dignity, to personal or family privacy or to one’s own image; 
  5. in any way damages the credibility of the provider or third parties; and
  6. constitutes unlawful, misleading or unfair advertising.

 

3- WARRANTIES AND LIABILITY DISCLAIMER

 

The provider disclaims any liability for the information published on its website where such information has been modified or added by an outside third party.

This website has been checked and tested for proper performance. In principle, it can be guaranteed to function correctly 365 days a year, 24 hours a day. However, the provider does not rule out the possibility that certain programming errors may occur, or that force majeure, natural disasters, strikes, or similar circumstances may make it impossible to access the website.

KOSMOS TENNIS does not provide any guarantee and is not responsible, in any circumstances, for damages of any nature that may arise from: a lack of availability, maintenance and effective operation of the website or its services and contents; the existence of viruses, malicious or harmful programs in the content; content that is illicit, negligent, fraudulent or contrary to this Legal Notice and conditions of use; or any lack of lawfulness, quality, reliability, usefulness or availability of the services provided by third parties and other options available to users on the website.

Under no circumstances shall the provider be liable for any damages that may arise from the illegal or improper use of this website.

 

4- COOKIES

 

The provider’s website may use cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the proper functioning and display of the site. The cookies used are, in all cases, of a temporary nature, with the sole purpose of making browsing more efficient, and disappear at the end of the user’s session.

Under no circumstances will cookies be used to collect personal information.

For more information, see our Cookies Policy: LINK

 

5- LINKS

 

From the website it is possible that you may be redirected to third-party content. As we cannot always control the content of third parties, KOSMOS TENNIS does not assume any responsibility for this content. In all cases, the provider states that it will immediately remove any content that could violate national or international law, morality or public order, and will immediately remove the redirection to these websites, notifying the competent authorities of the content in question.

The provider is not responsible for information and stored content, including but not limited to, forums, chats, blog generators, comments, social networks or any other means that allow third parties to publish content independently of the Provider’s website. However, and in compliance with the provisions of art. 11 and 16 of the LSSICE, the provider is available to all users, authorities and security forces, and will actively collaborate in the removal or, where necessary, blocking of all content that may affect or contravene national or international law, the rights of third parties, morality or public order. In the event that the user considers that there may be any content that could be susceptible to this classification, please notify the website administrator immediately.

The User is granted a limited, revocable and non-exclusive right to create links to the homepage of the Website, exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that KOSMOS TENNIS recommends that website or its services or products; (ii) may not misrepresent its relationship with KOSMOS TENNIS or claim that KOSMOS TENNIS has authorised such a link, nor include trademarks, names, trade names, logos or other distinctive signs of KOSMOS TENNIS; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the homepage; (v) must link to the Website address itself, without allowing the website that creates the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. KOSMOS TENNIS may, at any time, request that you remove any link to the Website, after which you must immediately proceed to remove the link. KOSMOS TENNIS cannot control the information, content, products or services provided by other websites that have established links to the Website. 

 

6- PROTECTION OF PERSONAL DATA

 

The provider is deeply committed to compliance with the rules of personal data protection and ensures full compliance with the obligations set forth, as well as the implementation of security measures provided for in the European Data Protection Regulation and the Spanish legislation on data protection.

For more information, see our Privacy Policy:

https://www.daviscupfinals.com/es/politica-de-privacidad

 

7- INTELLECTUAL AND INDUSTRIAL PROPERTY

 

The Website, including but not limited to programming, editorial, compilation and other elements necessary for its operation, design, logos, text, photographs and/or graphics are the property of the provider or, if necessary, are used under licence or with the express authorisation of the authors. All the content of the website is duly protected by intellectual and industrial property regulations.

Regardless of the purpose for which they are intended, the total or partial reproduction, use, distribution or public communication require the prior written authorisation of the provider. Any use not previously authorised by the provider will be considered a serious breach of the intellectual or industrial property rights of the author.

The design, logos, text and/or graphics not belonging to the provider and that may appear on the website belong to their respective owners, being themselves responsible for any possible dispute that may arise in respect thereof. In all cases, the provider has the express and prior authorisation from them.

The provider recognises in favour of the owners the corresponding industrial and intellectual property rights, and the mention or appearance on the website does not imply the existence of rights or any responsibility of the provider for the same, nor any endorsement, sponsorship or recommendation by the same.

To submit any comments regarding possible breaches of intellectual or industrial property rights, as well as on any of the website’s content, please contact us via the aforementioned email address.

 

8- DURATION AND TERMINATION OF SERVICES

 

The services provided through the Website are, in principle, provided for an indefinite period of time. However, KOSMOS TENNIS may terminate or suspend any of the services provided through the Website. Whenever possible, KOSMOS TENNIS will announce the termination or suspension of the provision of a specific service. 

 

9- FORCE MAJEURE

 

KOSMOS TENNIS will not be held responsible in the event of it being impossible to provide the services available through this Website, if this is due to prolonged interruptions of the electricity supply or telecommunication services, social conflict, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or unforeseeable circumstances.

 

10- APPLICABLE LAW AND JURISDICTION

 

For the resolution of disputes or questions related to this website or the activities carried out on it, Spanish legislation shall apply, to which the parties expressly submit themselves, and the Courts and Tribunals of Barcelona shall be competent for the resolution of all disputes arising from or related to its use.