Legal information and acceptance
We inform you that the top5-smartwatches.com (hereinafter, the "Website") is the property of PROMISTAR INVEX S.L. (hereinafter, "Promistar"), with CIF B88112404, with registered office in Plaza Platería Martínez nº 1, 5º Izq, 28014 - Madrid, and registered in the REGISTRO MERCANTIL DE MADRID, TOMO 37.740, FOLIO 110, SECCIÓN 8, HOJA M-672306, INSCRIPCIÓN 1ª.
The terms and conditions of use set down herein (hereinafter, the "Legal Notice") regulate the access, navigation and use of Website. Anyone who uses Website in any way whatsoever will be considered a user (hereinafter, the "User").
Access, browsing and use of Website implies the express and unreserved acceptance of the Legal Notice which shall have the same validity and effectiveness as any agreement entered into in writing and signed by Promistar and the User. Therefore, Users must read this Legal Notice on the Website carefully each time they intend to use it, as it may be modified without prior notice.
The Website makes available to Users certain information on products and functionalities marketed by third parties which may be subject to particular terms and conditions, regulations and instructions which may replace, complete and/or modify this Legal Notice and that may require the User acceptance.
Its observance and fulfillment will be demanded of any User who accesses, uses or browse the Website. If you do not agree with this Legal Notice, please do not access, browse or use the Website.
The User can contact Promistar through the following email address: [email protected]artwatches.com
Conditions of use of the Website
The use of the Website and its content is completely voluntary and under the responsibility of the User. Access to the Website is free except for the cost of the telecommunications network provided by the provider contracted by the User. Access to the Website does not require the provision of personal data or the User registration.
The Website aims to provide information to Users regarding certain products that have been previously analyzed and rated by Promistar specialists (hereinafter, the "Ratings"). Hence, the Users are allowed to know the characteristics, functionalities, prices, as well as the ratings of such products made by Promistar specialists (hereinafter, the "Products")
Furthermore, the User shall have the possibility to be redirected to the seller's website in case he/she is interested in acquiring the Products. Notwithstanding the above, Users are informed that Promistar does not commercialize or distribute any Product, it only analyzes products commercialized by third companies with whom it has entered into agreements with the purpose to carry out such analyses and from whom it receives a fee for promoting the purchase of its products (hereinafter, the "Partners").
Promistar is not responsible for the veracity of their opinions and Ratings shown, since they are made on the basis of information provided by our partners regarding price, functionalities and technical characteristics of the Products.
The Users are obliged to use the contents and services in a diligent, legal, correct and licit manner and, in particular, undertake to abstain from, but not limited to (a) using the contents in a manner and for purposes that are contrary to the law, morality and generally accepted good customs or public order; (b) transmitting or disseminating information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any obscene, offensive, vulgar material or material that induces criminal, denigrating, defamatory, infamous, violent or, in general, contrary to the law, morality and generally accepted good customs or public order; (c) reproduce, copy, or distribute the contents, as well as allow public access to them through any form of public communication, or transform or modify them, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; (d) violate intellectual or industrial property rights belonging to Promistar; (e) use the services and contents in such a way that it may damage or overload the Website; (f) carry out fraudulent transactions or transactions that may facilitate illicit or fraudulent conduct of any kind; and (g) use the contents and services and, in particular, the information of any kind obtained through the Web Site for any kind of advertising purpose.
The Users shall be liable for the damages of any nature that Promistar could suffer, directly or indirectly, as a consequence of the breach of any of the obligations derived from this Legal Notice or from the law in relation to the Website.
Promistar reserves the right to interrupt access to the Website, as well as the provision of any or all of the contents provided through it at any time and without prior notice, whether for technical, security, control or maintenance reasons, or due to power failures or any other justified cause.
Consequently, Promistar does not guarantee the reliability, availability or continuity of the Website or its contents, so the use of them by the Users is carried out at their own risk, without, at any time, being able to demand responsibilities for the discontinuity or lack of availability of its services.
Promistar excludes any responsibility for damages of any nature that may be due to the lack of veracity and accuracy of the information, opinions, analysis and Ratings provided on the Website, nor for the contents provided or offered by third parties or entities. Furthermore, in no event, Promistar guarantees the fulfillment of the applicable legislation of the Products, regarding the rights of intellectual property and any applicable law. Particularly, Promistar will not be responsible for the use that the minors can do of the information provided on the Website.
Promistar will try as far as possible to update and rectify any information hosted on the Website that does not meet the minimum guarantees of accuracy. Nevertheless, it will be exonerated of responsibility by its non-updating or rectification, as well as by the contents and information spilled in the same one.
Promistar will not be responsible in case of interruptions of the service, delays, errors, malfunction of the same and, in general, other inconveniences that have their origin in causes that escape of the control of Promistar, and/or due to a fraudulent or guilty action of the Users and/or have their origin in causes of Force Majeure. Without prejudice to the established in the article 1105 of the Civil Code, it will be understood included in the concept of Force Majeure, in addition, and to the effects of the present Legal Notice, all those events occurred out of the control of Promistar, such as: failure of third parties, 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., and the attack of hackers, crackers or other third parties to the security or integrity of the computer system. In any case, whatever its cause, Promistar will not assume any responsibility either for direct or indirect damage, consequential damage and / or lost profits.
Promistar excludes any responsibility for the damages and prejudices of all class that can be due to the presence of virus or to the presence of other harmful elements in the contents that can produce alteration in the computer systems, as well as in the documents or systems stored in the same ones.
Promistar is not responsible for the use that the Users make of the Content of the Web site, as well as of any other material contained in the Web site, that can suppose a violation of any national or international regulation, of the rights of intellectual or industrial property or any other right of third parties. Likewise, it is not responsible for the possible security errors that could be produced by the fact of using non-updated versions of browsers, or for the consequences that could be derived from the malfunctioning of the browser, either by inadequate configuration, presence of computer viruses or any other cause beyond Promistar's control.
Links to third parties (outgoing links)
The Website contains links to other websites belonging to third companies that commercialize the Products analyzed by Promistar (hereinafter, "Linked Sites"). In these cases, Promistar acts as a service provider in accordance with article 17 of the Law 34/2002, of 11 July, of Services of the Society of Information and Electronic Commerce (hereinafter, the "LSSI") and will only be responsible for the contents and services provided in the Linked Sites in the measure that it has effective knowledge of the illegality or that the goods or rights of third parties can be damaged and has not deactivated the link with due diligence.
In the event that Users consider that there is a Linked Site with illegal or inappropriate content, they may notify Promistar at the contact address indicated in the first section of this Legal Notice, indicating: (a)name of the company: name, address, telephone number and e-mail address; (b)a description of the facts that reveal the illicit or inadequate character of the Linked Site; and (c)an express declaration that the information contained in the communication is exact. In no case does this communication imply the obligation to remove the corresponding link, nor does it imply, as provided in the LSSI, effective knowledge of the activities and/or contents indicated by the communicator.
Promistar does not know the contents and services of the Linked Sites, since once they are developed for the third parties, it is the third parties who manage their own Web Sites, and therefore it is not responsible for the damages produced by the illegality, quality, out-of-date, unavailability, error and uselessness of the contents and/or services of the Linked Sites, nor for any other damage that is not directly attributable to Promistar, except in the mentioned article 17 of the LSSI. If Users decide to visit and/or use any of the Linked Sites, they will do so at their own risk, and will have to take the appropriate protection measures against viruses or other harmful elements.
Links to the website (inbound links)
Third parties are not allowed to introduce links from their own web pages to the Website unless they have the express consent of Promistar.
In the case that a third party is authorized to use the Website, this use will be done respecting the limitations and purposes provided in the authorization itself. In this case, Promistar will be able to request, at any time and without needing to provide the reasons for such request, that any link to the Website be removed, after which the person responsible for the linking website must proceed immediately to remove it.
Intellectual and industrial property
All intellectual and industrial property rights over the contents available on the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, for public or commercial purposes, unless prior, express and written authorization has been obtained from the owners of the corresponding rights.
It is strictly forbidden to use all the elements contained on the Website that are the object of industrial and/or intellectual property for commercial purposes, as well as to distribute, modify, alter or decompile them. At no time, unless expressly stated otherwise, access, navigation or use of the Website and/or its contents gives the User any right to distinctive signs included in it.
In the event that the User sends information of any kind to Promistar through any of the channels enabled for this purpose, the User declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual or industrial property rights, commercial secrets (“know-how”) or any other rights of third parties, and that said information is not of a confidential nature or harmful to third parties.
The User recognizes to assume the liability over his/her actions, rendering Promistar unharmed in relation to any communication or information provided to Promistar by the User. This waiver applies without any restriction to the accuracy, legality, originality and ownership of the relevant communications or information.
Any claims made by the User in relation to possible breaches of the rights of intellectual and/or industrial property on the contents of the Website must be sent to the following email address: info[email protected]
Promistar does not process any personal data of the Users, therefore the Website is not subject to Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Any clause or provision of this Legal Notice that is or becomes illegal, invalid or unenforceable shall be excluded from this Legal Notice and shall be deemed inapplicable to the extent of such illegality, invalidity or unenforceability, and shall be replaced by another that most closely resembles the previous one, but shall not affect or prejudice the remaining provisions, which shall remain separate from any illegal, invalid or unenforceable clause or provision and shall instead remain in full force and effect.
Applicable law and jurisdiction
The relationship between Promistar and the User will be governed by the Spanish regulations in force and any controversy will be submitted to the Courts and Tribunals of the User's address.