I. IDENTIFYING DATA
PANAMA JACK* is the owner of the www.panamajack.es
website and other websites with the same address but with generic top Level gTLD domain names and related domain names corresponding to country codes or ccTLD.
In compliance with the identification duty required by Article 10 of the 34/2002 law dated July 11th for information Society Services and Electronic Commerce, the following are our identification details:
The owner of this Website is PANAMA JACK* with CIF B03728144, registered in the Alicante Trade Register, volume 1291, book 0, section 8, sheet 215, page A-6101, 6th entry, dated 28/11/2000 and residing at C/ Arquímedes1-3, Elche, Alicante 03203.
Throughout this page, the terms "we", "us", "our" and "Panama Jack" refer to PANAMA JACK* and are used in the most appropriate way depending on the context. "You" and "I" refer to any person accessing and/or using this website.
If you want to contact us you can do so: a) by post at the above address, b) or via e-mail to email@example.com
II. WEBSITE OBJECTIVE
The purpose of this website is to provide a platform that allows the user to learn and/or contract our products and services in an online environment related to the sale of footwear and accessory products, offering comprehensive coverage for all needs a customer may have.
In this regard, the user will be able to learn, shop or contract the products and services offered by PANAMA JACK*.
In case the USER does not agree with any or all of the following terms they should not access the Website and/or use the content and/or services available.
In any case, the user by the means of access accepts the general conditions of the contract.
Any non-personal communication or material that the user transmits to this web page by e-mail or any other medium, including any data, questions, ideas, comments, inventions, artwork, developments, concepts, suggestions or the like, is and will be treated as non-confidential and non-proprietary and will become property of PANAMA JACK* it may be used for any purpose PANAMA JACK* deems appropriate, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting of content on the Web, as well as product development, manufacturing, advertising and marketing.
Such use will not have compensation to the party submitting the information.
By providing information, the user also warrants that they are the owner of the material/content provided, that it is not defamatory and that its use by PANAMA JACK* will not infringe third party rights or be a violation of applicable laws. PANAMA JACK* will not be required to use the information provided.
Please note that PANAMA JACK* is in continuous evolution and in development of new tools that add value to the registered User in either of the two versions mentioned.
III ACCEPTANCE AND VALIDITY OF GENERAL CONDITIONS.
The User agrees to use the website in accordance with the law, with these General Conditions, with morality and generally accepted good practices and with public order, responding to PANAMA JACK*, or to third parties for any damages caused as a result of a breach of this obligation.
The User shall not use the website for purposes that are illegal, contrary to the provisions of these General Conditions, violate the rights and interests of others, or in any way damage, disable, overburden, or impair the website or the server on which it is housed, or prevent normal use or enjoyment.
In particular, PANAMA JACK* does not permit distribution, management or communication of contents that deteriorate the quality of the service, thus prohibiting the introduction of content:
• That violates the fundamental rights of people, lacks courtesy in the network, bothers or can generate negative opinions to our users or third parties and, in general, any content that PANAMA JACK* considers inappropriate.
• That may conflict with the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and the rights of intellectual property.
The User of services within this website must be at least 18 years of age.
Pre-registration and website passwords.
PANAMA JACK* determines the use of services and benefits of being registered on this website, prior to completion of the registration or access. The User guarantees the truthfulness or authenticity of all data communicated as a result of completing the necessary forms for the use of services. It is also required to keep them updated, constantly, so that it corresponds at all times to the current User status.
Furthermore, the user must select an identifier (ID or login) and password as identifying elements and keys for accessing the website. The use of the password is not transferable, it is not permitted to transfer, even temporarily, to third parties.
The User shall inform PANAMA JACK*, at the earliest, loss, theft, or any other circumstances that may have compromised the secrecy of passwords. Consequently, the user is solely responsible for the use of their password with complete indemnity for PANAMA JACK*
Therefore, the use of false identities, impersonating others is forbidden, within the use of the website.
Without prejudice to any obligations mentioned above, illustratively and not limited, the User agrees to the following in the use of the Web site:
(i)Not enter, store or transmit to or from the Web Site, any information or material that is defamatory, libelous, obscene, threatening, racist, incites violence, discrimination based on race, gender, ideology, religion or in any way prejudicial to morality, public order, fundamental rights, civil liberties, honor, the privacy or image of third parties and in general the legislation in force.
(ii)Not enter, store or transmit through the Website any computer programs, data, viruses, code, hardware or telecommunication equipment or any other instrument or electronic or physical device that is capable of causing damage to the website, in any of the services offered on the Website, or in any of the PANAMA JACK* equipment’s, systems or networks or in general any third party, or otherwise be able to cause any disruption or impede the normal operation thereof.
(iii)Not carry out advertising, promotional or commercial exploitation through the website not expressly authorized by PANAMA JACK*, or use the contents and in particular the information obtained through the Website to send advertising messages for direct marketing or any other commercial purpose, or to collect or store third party personal data.
(iv)Not destroy, alter, utilize for personal use, misuse or damage data, information, software or any other kind of PANAMA JACK* material or content. Any action with objective to impair the functionality of the Website infrastructure is prohibited.
(v)Not enter, store or transmit through the Website any content that infringes intellectual property rights, industrial or business secrets of others, or in general any content that does not hold, in accordance with the law, the right to make it available to a third.
PANAMA JACK* will only be liable for damages that the User might suffer as a result of using the Website, when such damages are directly attributable.
PANAMA JACK* disclaims any responsibility for the misuse or unauthorized use of login and password and the User's lack of diligence in preserving the secrecy of these.
Similarly, PANAMA JACK* disclaims any liability for damages of any kind arising, without limitation and not limited to (i) the presence of viruses or other harmful elements in the Web page or Web pages which may be accessed through links established that could produce alterations in the computer system, electronic documents or user files, (ii) interference, omissions, interruptions, failures and/or disconnections in the operation of the electronic system or appliances and users computers due to causes that are beyond PANAMA JACK*, which prevent or delay the provision of services or navigating system, (iii) delays or blockages in the use caused by deficiencies or overloading of the Internet or other electronic systems, (iv) that may be caused by third parties through unlawful interference beyond the website´s control and that are not attributable to PANAMA JACK*, (v) the differences in documentation, information and/or other content found in the website against what could be found in other mediums (vi) failure to provide the service or allow access for reasons not attributable to PANAMA JACK* , due to the User, third parties or force majeure.
At the time of registration or Website use, the User acknowledges that it is technically impossible to achieve a 100% availability in the Web. However, PANAMA JACK* will strive to maintain the website as constant as possible. Especially for maintenance, security or capacity reasons as well as in the result of events which PANAMA JACK* has no influence (eg. anomalies of public communication networks, power outages, etc.) There may be brief anomalies or temporary suspension of PANAMA JACK* services.
As for the information and content included on the Website or those that can be accessed as a result of links or hyperlinks set out therein, PANAMA JACK* will not guarantee, in any way, the access on any given time to such information and content, nor its accuracy or its current status or update, or appropriateness or use for the users purpose, not being held responsible for damages of any kind that may result from the transmission, distribution, storage, availability, reception or access to the contents in the website or those to which it has access as a result of links established therein.
On the other hand, the individual or entity that would like to introduce links from their own Web sites to PANAMA JACK* must comply with the conditions listed below, without the ignorance of them preventing any liabilities under the law.
The link will only link the web´s home page or main page but will not reproduce in any form (inline links, text copy, graphics, etc.). It is forbidden, in accordance with applicable law and in force from time to time, to establish frames of any kind that involve the Website or allow the display of content through different Internet address of the site to other webs, in any case, when viewed in conjunction with other content to the Website so that: (i) causes, or may cause confusion or mislead users about the true origin of the service or content, (ii) constitutes an act of comparison or imitation; (iii) exploits the reputation and prestige of the PANAMA JACK* brand, or (iv) in any other way results in a prohibition of the applicable law.
The page that introduces the link will not make any false, inaccurate or incorrect manifestation about PANAMA JACK*, its management, employees, customers or the quality of services it provides.
In no case, will the page containing the link express that PANAMA JACK* has consented the inclusion of the link or sponsors, collaborates, verifies or supervises the services of the sender.
It is forbidden to use any denominative mark, graphic or mixed or any other distinguishing PANAMA JACK* signs within the senders page except as permitted by law or expressly authorized by PANAMA JACK* and where permitted, in these cases, a direct link to the website in the manner prescribed in this clause.
The page containing the link shall comply with the law and may not under any circumstances provide or link to their content or third parties that: (i) are unlawful or contrary to morals and good customs (pornographic, violent, racist, etc.), (ii) induces or could induce the user the false impression that PANAMA JACK* endorses, supports, adheres or in any way supports the ideas, statements or expressions, lawful or unlawful, of the sender, (iii) are inappropriate or irrelevant to the PANAMA JACK* activity regarding the place, content and theme of the sender's Website. Similarly, the User shall not include any hyperlinked Website (hereinafter, "link") directed to a Web page containing information or illegal content, that are contrary to morality and generally accepted good practices and public order.
Intellectual and Industrial Property.
The Website Content, including, but not limited to nonexclusive text, photographs, graphics, images, icons, software, links and other content as well as its graphic design and source codes are copyrighted by PANAMA JACK*, or third parties who have authorized their use to PANAMA JACK*. Such content is protected by national laws and international treaties relating to intellectual property rights that apply.
Additionally, all trademarks, trade names, or logos of any kind that appear on the site are owned by PANAMA JACK* or third parties, if any, that have authorized PANAMA JACK* inclusion and use in the Web page.
All property and intellectual rights on this website are legally reserved and access to them or their use by the User must not be regarded in any way as the conferring of any license or right under which any asset or ownership belongs to PANAMA JACK * or third parties.
Reproduction in whole or part in any form of content, trademarks, trade names and logos of any kind, included on the website, as well as the sale, transfer, lease, distribution, public communication, transformation or whatever other use given to them without permission from the rightful owner is strictly prohibited and will be prosecuted civilly, and where appropriate, criminally, in accordance with national laws and applicable international treaties.
People image publication
In relation to the images of people appearing on Websites, PANAMA JACK * publishes such images with serious respect to the May 5th Organic Law 1/1982, protecting the right to honor, personal and family privacy, and the image itself.
The User is not authorized to reproduce, distribute and transmit photographic images and/or video recordings. These images are only used solely and exclusively in the composition of graphics or video graphics files, made to inform and/or disclose various PANAMA JACK* activities.
The image processing of the staff, management or services is carried out with serious respect for the person, removing any captions or films that may violate fundamental rights. The images are only used for the intended purposes and are not transferred to third parties, except those that authorize their treatment.
In any case, the person affected by a posting on the Website of their image, even by their own right, may revoke any consent given or oppose the processing of the image, or exercise rights of access, modification or cancellation, at any time, by submitting or sending a letter, accompanied by a photocopy of their ID to PANAMA JACK*, or via e-mail to firstname.lastname@example.org
Law and Jurisdiction
These terms and conditions shall be governed by the statutory rules, regulations and by Spanish law, which applies in matters not provided in this legal notice in the interpretation, validity and execution. The parties expressly waive the immunity they may have and submit themselves to the Courts and Tribunals of Elche (Alicante-Spain) to resolve any dispute that may arise in the interpretation or execution of the present conditions.
* The rights to use the trademark PANAMA JACK BRAND have been transferred to the company PATCASA SLU for exploitation of online retail footwear trade by the Panama Jack company group, owner of such rights.