OBJECT

This legal notice regulates the use of the Internet Portal "www.baba.es" (hereinafter, the portal), or any other that in the future will replace it, that VINOTECA TERRA DE VINS S.L. (hereinafter BABA) makes available to users, being a meeting point for information, products related to video games and new technologies, as well as other services.



BABA has its registered office at Avenida/ Des Torrent Nº14, 07500 Manacor (Mallorca), Illes Balears, Spain with CIF B57299885. For legal communications and public bodies and institutions, contact admin@baba.es. For any question, doubt or incident related to the products and services offered by BABA, contact Customer Service



In accordance with the provisions of Regulation UE 524/2013, of May 21, 2013 and of Law 7/2017, of November 2 on resolution of online litigation in consumer matters, the link to the platform of online dispute resolution launched by the European Commission to which customers may resort to resolve any discrepancy or dispute in relation to the services provided by BABA on its website: https://ec.europa.eu/



The use of the Portal attributes the condition of User, which implies the adhesion to the present conditions in the version published at the moment in which it is accessed. BABA reserves the right to modify, at any time, the presentation and configuration of the Portal, as well as the General Conditions of Access and Use thereof. Therefore, BABA recommends the User to read these General Conditions carefully each time he accesses any of the Portals.



Access to certain Content offered through the Portal may be subject to certain specific conditions that, as the case may be, substitute, complete and / or modify these General Conditions. Therefore, prior to accessing and / or using said Contents, the User must carefully read also the corresponding particular conditions.



ACCESS AND SECURITY

In general, Users may access the Portal for free, after the corresponding registration requested by BABA. Once the registration is requested, and regardless of whether the services included in the Portal are provisionally started, BABA will have a period of one month to verify that the data entered by the User is correct, complete, lawful, and not illegal. nor disrespectful, and that allow the correct identification of the user, as well as that correspond to natural or legal persons that BABA identifies as the target Public of this Portal.



Regardless of the possible verification actions carried out by BABA, the acceptance of the registration does not imply at all the assumption by BABA that said information is correct, complete, legal or legal, but that it will be used to the mere effects of proceeding with the Registry. Therefore, the user will respond, in any case, the veracity and legality of the data provided, expressly exempting BABA from any responsibility for the inclusion of such data, and reserving the right not to accept the registration request based on the circumstances described in the previous paragraph, without prejudice to the other actions that may proceed in Law.



The "Target Audience of the Portal" are those individuals or legal entities to which they are assigned, depending on the type of information, services and / or products included in the Portal, among which are, fundamentally, amateurs and professionals of the computer games and consoles. In any case, BABA may deny registration to all those applicants who are not considered as "Public target of the Portal.



The denial of the registration automatically implies the cessation in the consideration of the User and, therefore, the denial of access to the Portal and the termination of the services and contents contained in the Portal.



The use of the password is personal and non-transferable, the assignment, even temporary, to third parties is not allowed. In this regard, the User undertakes to make diligent use of the password and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.



In the event that the User knows or suspects that third parties may know or may be making use of his / her password, he / she must inform BABA of such circumstance as soon as possible.



CHARACTER AND CORRECT UTILIZATION OF THE CONTENTS AND SERVICES

The User agrees to use the Contents in accordance with the law, with these General Conditions, as well as with the moral and generally accepted good customs and public order.



The User is obliged to use the Contents in a diligent, legal, correct and lawful manner and, in particular, undertakes to be purely enunciative and not exhaustive to abstain from:



Use the Contents in a manner and for purposes contrary to law, morality and generally accepted good practices or public order.

Transmit or disseminate information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software, and in general, any obscene, offensive, vulgar material or that induces criminal, slanderous, defamatory, infamous, violent or, in general, contrary to the law, morality and generally accepted good customs or public order.

Reproducing, copying, or distributing the Contents, as well as allowing public access to them through any form of public communication, or transforming or modifying them, unless the authorization of the owner of the corresponding rights is available or it results in legally allowed.

Infringe intellectual or industrial property rights belonging to BABA or to third parties, especially those corresponding to the "BABA" brand, as well as the domain name "BABA.es".

Use the Content and, in particular, the information of any kind obtained through the Portal with any type of advertising purpose and, in particular, to send advertising, communications for the purpose of direct sale or with any other kind of commercial purpose, messages not requested individualized or directed to a plurality of people, as well as to market or disclose in any way said information.

The User will be liable for damages of any nature that BABA may suffer, directly or indirectly, as a consequence of the breach of any of the obligations arising from these General Conditions or the law in relation to the use of the Portal.



BABA will watch over the respect of the current legal system at all times, and will be entitled to interrupt, in its sole discretion, the Contents or to exclude the User from the Portal as a whole or from any of the services and / or contents included therein, in case of (i) the alleged commission of any infraction, whether by act or omission, typified in any rule, be it civil, criminal, administrative or otherwise, (ii) in the event that any conduct that, in the opinion of BABA, that may disturb the good functioning, image, credibility and / or prestige of BABA.



Likewise, in order to make use of the Contents of the Portal, minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all acts performed by the minors under their care. The full responsibility in determining the specific contents and services to which the minors access corresponds to the elders in whose charge they are.



EXCLUSION OF GUARANTEES AND RESPONSIBILITY

BABA reserves the right to interrupt access to the Portal, as well as the provision of any or all of the Contents that are provided through it at any time and without prior notice, whether for technical reasons, security, control, of maintenance, due to power failures or for any other reason.



Consequently, BABA does not guarantee the reliability, availability or continuity of its Portal or of the Contents, so that the use thereof by the User is carried out at its own risk, without any At this moment, BABA can be held responsible in this regard.



BABA shall not be liable in the event of service interruptions, delays, errors, malfunctions thereof and, in general, other inconveniences that have their origin in causes beyond the control of BABA, and / or due to fraudulent or User's fault and / or have causes of Force Majeure. Without prejudice to what is established in article 1105 of the Civil Code, shall be understood included in the concept of Force Majeure, in addition, and for the purposes of these general conditions, all events that occurred beyond the control of BABA such as: third party failure, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc. In any case, whatever its cause, BABA will not assume any responsibility for direct or indirect damages, consequential damages and / or loss of profits.



BABA excludes any liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the Contents transmitted, disseminated, stored, made available or received, obtained or accessed. through the Portal, nor by the Contents provided or offered by third parties or entities. BABA will try as much as possible to update and rectify that information hosted on its Portal that does not comply with the minimum guarantees of truthfulness. However, it will be exempt from liability for its non-updating or rectification as well as for the contents and information provided in it.



BABA is not responsible for the content of the information collected on its website, as well as for those opinions, comments, judgments or any other manifestation contained in it that are not issued directly by BABA.



BABA does not guarantee or assume any type of responsibility for the damages and losses suffered by the access to Content of third parties through connections, links or links of the linked sites. The function of the links that appear on the Portal is exclusively to inform the User about the existence of other sources of information or other content and services on the Internet. BABA will not be in any case responsible for the result obtained through such links or the consequences arising from access by users to them. These third-party Content are provided by them, so BABA can not control and does not control the legality of the Contents or the quality of the services offered. Consequently, the User must exercise prudence in the assessment and use of information and services in the contents of third parties.



BABA excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alteration in the computer systems, as well as in the documents or systems stored in them .



BABA is not responsible for the contents, whatever the same, that Users send to BABA through the portal, through the e-mail service or by any other means, being therefore imputable to the Users any responsibility arising from the contents sent by them. For the specific case of Personal Data, see the Privacy Policy.



PROPRIETARY RIGHTS OF THE CONTENT

All the Contents included in the portal, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, the brand "BABA" and the domain "BABA.es" are exclusive property of BABA or of third parties, whose rights, if any, BABA recognizes, and are subject to intellectual and industrial property rights protected by national and international legislation.



It is strictly forbidden any use of any of the elements subject to industrial and intellectual property with any type of purpose, especially commercial, as well as its distribution, public communication, modification, alteration, transformation or decompilation, unless expressly authorized in writing by the owner of them.



The infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an action constituting an offense established in articles 270 and following of the Penal Code.



Users that send via the Portal comments, information, opinions, comments or any other content through the email service or by any other means, in cases in which by the nature of the services or content it is possible , it is understood that they authorize BABA for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such contents, for all the time of copyright protection that is legally envisaged and without territorial limitation , unless expressly stated otherwise by the User. Likewise, it is understood that this authorization is granted free of charge.



All the images and texts of the products belong to their respective authors.



APPLICABLE LAW

The user accepts that the personal data provided by him or that are provided in the future to BABA DISCOS S.L. may be subject to processing in a personal data file, in accordance with its Personal Data Protection Policy. The user, expressly waiving his own jurisdiction, accepts as governing legislation of these conditions the Spanish and submits for the resolution of any litigation that may arise from the same to the Courts and Tribunals of Manacor (Mallorca) Baleares.