Legal Notice and Conditions of Use
Welcome to Monegros Desert Festival’s website (hereinafter, the Website). The following are the terms and conditions of use that govern the use of the Website (hereinafter, the Terms of Use). By using the Website, you agree to comply with this Terms of Use as well as with all applicable laws, rules and regulations.
MONEGROS MUSICAL, S.L., sole-shareholder company, with registered office at Gran vía de Don Diego López de Haro 1, Planta 8 48001 Bilbao, Spain, provided with N.I.F. B-22.429.971, and duly registered in the Mercantile Registry of Fraga (hereinafter, Monegros Musical) reserves the right, at their discretion, to change, add or remove portions of these Terms of Use at any time. Therefore, we encourage you to check these Terms of Use frequently. In case you breach these Terms of Use Monegros Musical may prevent you from using the Website, cancel your tickets and / or take any appropriate legal actions.
ACCEPTABLE USES
You are granted a limited licence to download, view and print of pages of the Website for personal, non-commercial use. In using the Website, you agree not to download, copy, post, publish, distribute or disseminate material or information from the Website with the purpose of resale or any other commercial use. The Contents and software of the Website is owned by Monegros Musical and / or its suppliers and is protected by Spanish and international intellectual property laws.
LEGAL NOTICE
Monegros Musical does note make any warranty that the Website has not any mistakes, that the functionality of the Website will be uninterrupted, that it will meet your requirements or that the Website or the server that makes them available are free of viruses or anything else that may be harmful or destructive. The Website and its Contents are provided on an “As Is” and “As-Available” basis. Monegros Musical will not be responsible for any direct or indirect damages, regardless of their nature, caused by the use of the Website.
Under no circumstances Monegros Musical will be liable for actions, omissions or behaviours of third parties (including Website users, advertisers or sponsors). Nonetheless, you can report any inappropriate behaviours of third parties by contacting our customer service at infomonegros@monegrosfestival.com and, if necessary, we will take appropriate measures.
TRADEMARKS
Both the commercial name of Monegros Desert Festival, as well as the rest of logos, brands and distinctive signs related to Monegros Festival that are included in the Website are registered trademarks and for which Monegros Musical has an exclusive license to use.
Use of any of the trademarks owned by Monegros Musical that appear on the Website is strictly forbidden.
INTELECTUAL PROPERTY OWNERSHIP
Every content and material shown in the Website, such as designs, texts, graphics, images, shapes, logos, icons, software, trade names, brands, industrial drawings, or any other marks susceptible to industrial or commercial use (hereinafter, the Contents), is subject to the intellectual property rights of Monegros Musical or any third parties who have given permission to appear on the Website.
None of the Contents of the Website may be reproduced, copied, edited, distributed, publicly performed, modified, transmitted or sold without the prior explicit consent of Monegros Musical. Monegros Musical does not grant any right, explicit or implied, over any of the Contents.
The Website and the Contents, as well as the software from the Website, are protected by copyright, under international conventions and national laws on intellectual property that are applicable. Copyright infringement could entail penalties, both private or criminal.
It is not permitted to exploit or to do a commercial use of the Website or the Contents, regardless of whether it is directly or indirectly, totally or partially.
Specifically, and without limitation, you are not allowed to: (1) reproduce, distribute, display, transmit, retransmit, broadcast, translate, change or modify; (2) store in hardware or software; (3) make available from databases different that the ones permitted or authorized by Monegros Musical; any of the Contents, opinions, images, shapes, or any other material of the Website that is protected by copyright.
Monegros Musical can limit access to the Website and to any of its products and / or services offered, as well as the publication of opinions observations, comments or images that users can send via email.
The User will be the only responsible of the content they publish on the Website. Nonetheless, Monegros Musical may use filters in order to avoid the publication of any content or opinion that could be considered racist, xenophobic, discriminatory, pornographic, defamatory, that could encourage violence or the distribution of illegal or harmful content.
Users can post, upload or submit suggestions, observations, opinions or comments through the Website, the email address provided to the Users or any of the social networks of Monegros Musical. By doing so Users are granting Monegros Musical a royalty free license to reproduce, distribute, publicly display, transmit, publish, translate, edit, or modify such content, unless the User says otherwise.
Monegros Musical is authorized to modify or change such suggestions, observations, opinions or comments, in order to adapt them to the format of the Website. Therefore, you warrant that all so-called moral rights in those materials have been waived.
It is not permitted the use of any technical resources from which a third party can benefit, directly or indirectly, with or without profit, from the Contents of the Website or from the effort carried out by Monegros Musical to make the Website work.
The Website may include banner ads or links to third party websites. Monegros Musical will not be liable for any content, services, products, etc. available on such websites. Nonetheless, Monegros Musical tries its best to avoid to the user any conflicts with any such websites, and tries to disable any link to websites that could cause damage to the User.
The ownership and management of www.monegrosfestival.com corresponds to Monegros Musical. No material on the Website or any other whose ownership, management, license or control corresponds to Monegros Musical may be copied, reproduced, uploaded, published, transmitted or distributed in any way. You are only granted license to download material from the Website for personal, none-commercial home use, only provided that all copyright and trademark notices are left intact. A commercial use or the modification of these materials constitute a violation of the copyright and property rights of Monegros Musical and of the entities of elrow Family Group, to which Monegros Musical belongs. Therefore, the use of these materials on any other website or in networked computers is prohibited.
COPYRIGHT POLICY
Any User that uses the Website with the purpose of illegally transmitting copyright material without having a license, explicit consent or legitimate use; will be deprived of User rights. More specifically, Users that upload content to the Website, such as articles, images, stories, software or any other material that can be protected by copyright; must ensure that such content does not infringe copyright or other intellectual property rights of third parties (as, for example, right to privacy). If Monegros Musical is informed of a User’s copyright infringement by the injured party and has confirmation by a judicial authority or the User recognises having committed the infringement; Monegros Musical will prevent the User from using and / or accessing the Website. Furthermore, Monegros Musical could decide to deprive the User of using or accessing the Website before the moment indicated above if considers that the infringement has occurred.
NON-ACCEPTABLE CONTENT
As a User, you agree to use the Website, and its services and Contents in accordance with applicable law, these Terms of Use, and other terms and conditions established on the Website for each product or service. In using the Website, YOU AGREE NOT TO:
- Make available to unauthorized third parties your username and your password. You must immediately notify Monegros Musical of any unauthorized use of your password or account. the obtention of such information by an unauthorized third party.
- Upload files or corrupt data that may damage the operation of the computer systems of Monegros Musical, or any other third parties. As well as not to use the Website to send junk email, spam, chain letters or any other unsolicited messages.
- Perform any illegal, fraudulent and / or anti-social activities.
- Violate international conventions and national laws on intellectual property that are applicable. As well as to make available pirated software or links that do so, give instructions on how to circumvent preinstalled anti-copy devices, or make available pirated music or pirated music files.
- To “mirror” the Website, or any part thereof, as well as to sell or exploit any of the Contents.
- Post, publish, distribute or disseminate material or information that (a) is racist, xenophobic, pornographic or advocates terrorism; (b) threatens or harasses someone or encourages to do so, and / or is against human rights; (c) that is proven to be false, misleading or encourages to perform illegal activities or any behaviour that is abusive, threatening, abusive, obscene, indecent, defamatory or libellous; (d) is or may be related to human trafficking; (e) requests personal data of an under-age person; (f) contains pages which are restricted or require a password to access, or hidden pages or images (those not linked to or from another accessible page).
- Give instructions on how to perform illegal activities, such as the manufacture or acquisition of illegal weapons, the violation of someone’s right to privacy, or the transmission or creation of computer viruses.
- Request passwords or personal identification data from other Users for commercial or illegal purposes.
- Carry out without Monegros Musical prior written consent any commercial activities such as contests, raffles, exchanges, advertising and pyramid schemes.
- When you register to Monegros Musical, you will choose a password that will later be confirmed by e-mail. You are responsible for maintaining the confidentiality of the password. Were you to provide your password to a third party, you would be responsible for all activities that take place under your account.
OFFLINE CONDUCT
What Users do off the Website is not under the control of Monegros Musical. Nevertheless, to use any information obtained in the Website in order to harass or abuse someone else, as well as to send advertising or sell anything to a User without their prior and explicit consent; is considered to be a breach of these Terms of Use.
NON-COMMERCIAL USE
It is forbidden to use any page or Content of the Website with a commercial use, such as ticket sales, promotions or any kind of services.
IN ALL CIRCUMSTANCES, YOU MUST HAVE THE PRIOR AND WRITTEN CONSENT OF MONEGROS MUSICAL TO DO A COMMERCIAL USE OF ANY KIND OF THE WEBSITE, THE CONTENTS OR THE PRODUCTS AND SERVICES. SUCH AS ADVERTISING, LINKS OR ANY OTHER TYPE OF COMMUNICATION.
You may not use the Website with commercial purposes, or use links of other sites to sell or resell tickets, products or services of any kind.
Monegros Musical shall make the necessary inquiries and take the appropriate action (including legal) in case of breach of the prohibition of commercial use including, without limitation, the elimination of any illegal communication done in the Website. Monegros Musical reserves the right to prevent the User from using and / or accessing the Website or other networks, products or services of Monegros Musical (or the elrow Family Group). As well as to cancel any order of tickets, products or services to anyone that:
- Acts illegally, or in breach of these Terms of Use, or in violation of the rights of Monegros Musical, or is using any automated means to order tickets, or whose order exceeds the number of tickets permitted.
- Has a relationship with anyone who is known or reasonably believed to act illegally, or in breach of these Terms of Use, or in violation of the rights of Monegros Musical, or is using any automated means to order tickets, or whose order exceeds the number of tickets permitted.
ACCESS AND INTERFERENCIA
Users are obliged not to use any type of automatic device or manual procedure to monitor or copy the Website or the Contents without the prior and explicit consent of Monegros Musical. Users also agree that will not use any device, software or tool that could damage, disable or impair the Website. In addition, Users must avoid to carry out any action that imposes an inappropriate or disproportionate load on Monegros Musical infrastructure. Users are not allowed to copy, reproduce, modify, create derivative works, or publicly display the Website or any of the Contents without the prior, written and explicit consent of Monegros Musical (unless it is for you own personal, none-commercial, home use).
UNAUTHORIZED USE OF THE WEBSITE
Monegros Musical shall make the necessary inquiries and take the appropriate legal action (private or criminal) in case of illegal and / or unauthorized use of the Website, including, without limitation, the unauthorized sale of tickets, products or services; the use of unauthorized frames or links to or from the Website; the unauthorized use of a robot or any other automatic means on the Website.
BREACH OF THESE TERMS OF USE
You AKNOWLEDGE AND AGREE that Monegros Musical may consider, without prior notice, to prevent you from accessing the Website, cancel your order of tickets or other products and services, remove any unauthorized content and / or take any other action at its disposal. Monegros Musical will be entitled to do so, in case that considers that in any way you have breached the current legislation, the Terms of Use or any other terms and conditions contained in the Website; or your actions have violated or are contrary to the rights of: Monegros Musical, an entity of elrow Family Group or any other third party (including other Users).
In this respect, you AKNOWLEDGE AND AGREE that an economic compensation may not be sufficient to repair all damages caused and therefore, you CONSENT that, if necessary, Monegros Musical may seek injunctive relief. Monegros Musical may disclose your personal User data when required by law. Monegros Musical will not make any refunds to anyone that has been deprived of their User rights for having breached these Terms of Use or any other terms and conditions included on the Website.
LIMITATION OF LIABILITY
Neither Monegros Musical nor any of the entities that are part of elrow Family Group, will be liable in case of acts of God or force majeure.
In addition, under no circumstances Monegros Musical (or any of the entities that are part of elrow Family Group) will be responsible for any indirect, consequential or incidental damages (including, without limitation, loss of profit); even if Monegros Musical (or an entity of elrow Family Group) was informed of the possibility of such damages.
APLICABLE LAW AND JURISDICTION
The Website is owned by the elrow Family Group, and is managed from the offices of the group in Barcelona (Spain). By using the website, you agree that these Terms of Use, as well as any conflict regarding the Website, shall be governed by and construed in accordance with the law of Spain.
You submit to the exclusive jurisdiction of the Spanish courts of the city of Barcelona, without being of application the norms of international private law.
COMPENSATION
You oblige yourself to compensate Monegros Musical (or any other entity of elrow Family Group), or the companies’ executives, agents and employees, for any damage, penalty, fine or liability (including procedural costs) that may be caused by your use of the Website and the Contents.