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General Conditions of Use

Introduction

INTERCOM FACTORY, S.L has made the Trendtation.com website available to users.

These General Conditions of Use regulate access to, and use of the trendtation.com website (hereafter TRENDTATION). Intercom Factory, S.L. has made the website available to Internet users interested in the services and content offered (hereafter, Users).

Use of the website signifies full acceptance of the legal conditions published when the User accesses the site. TRENDTATION also informs Users that these legal conditions may be modified without prior notice. Therefore Users should carefully read the conditions every time they enter the website, as the conditions may have changed.

Use of certain functions offered by the Website may be subject to specific conditions that, depending on the situation, replace, complement and/or modify these General Conditions of Use. Therefore the User must carefully read and accept the relevant specific conditions prior to using these functions.

The User may access, print, download and save the General Conditions of Use at any time. These Conditions shall be permanently available on the Website via the LEGAL CONDITIONS link.

TRENDTATION reserves the right to modify - without prior notice - the design, layout and/or configuration of the Website, and any or all of the services offered, and reserves the right to add new services.

TRENDTATION reserves the right at any time and without prior notice to deny access to users who fail to comply with any of the general or specific conditions that apply

Object

The purpose is to be a point of reference in fashion trends, where users can publish, store and share images and opinions for creating and sharing the latest trends.

In this way, the goal of TRENDTATION is the creation of a fashion and trends interested user’s community where they can share information, opinions and photos or videos about this sector.

In order to use TRENDTATION services, Users must validate their details by following the instructions sent in the TRENDTATION email.

TRENDTATION will only share data and/or information provided by Users with other Users if the data and/or information are not in breach of the law or the General Conditions of Use described herein.

TRENDTATION may eliminate content from the site without prior notice.

The User accepts that it is not technically possible for the TRENDTATION.COM website to be available 100%. Nonetheless TRENDTATION shall endeavour to maintain constant availability. The Website’s services may be subject to brief anomalies or temporary suspension, especially due to maintenance, security and capacity issues, as well as events outside TRENDTATION’s control (for example: public communication network anomalies, power cuts, etc.)

On the personal menu, the Users can decide the type of privacy about their personal data:

User obligations as regards the Site

The User agrees to use the site and its functions diligently, in complete compliance with the Law on good practice and the General and Specific Conditions of Use, as the case may be. The User also agrees to respect other Users.

Users are expressly prohibited from using the website for any purpose other than that for which it was created.

The User agrees to comply with the applicable laws and third party rights as regards use of the Website content and services. Users may not copy, distribute, transmit, adapt or modify the content of the Website (text, designs, graphics, information, databases, sound and/or image files, logos, etc.) or any other element of the Website, in any way, without prior authorisation from the legitimate owner, or unless permitted by law.

The User is specifically prohibited from: using abusive or defamatory content, regardless of whether it affects other users, individuals or companies, using pornographic content or content that violates child protection laws, or advertising, offering or distributing pornographic products or products that breach child protection laws, disturb other users (especially via spam), use legally protected content (e.g. by legislation governing intellectual property, trademarks, patents, utility models or aesthetic designs) without rights to the aforementioned, advertising, offering and distributing legally protected goods and services, and carrying out or promoting activities that infringe free competition, including those designed to progressively secure customers (chain, snowball and pyramid systems).

Users are prohibited from carrying out the following actions:

Certain functions do not require Users to subscribe or register in advance. Nonetheless TRENDTATION shall make the use of certain services conditional upon the prior completion of a relevant User form, and shall select the identifier and password, which the User agrees to protect and use with due diligence.

Use of the password is personal and non transferable. It may not be transmitted - even temporarily - to third parties. The User must adopt adequate measures to protect his or her password, to prevent it from being used by third parties. The User is responsible for the use of his or her password, with complete indemnity on the part of TRENDTATION If the User knows or suspects third parties are using his or her password, the user must inform TRENDTATION immediately.

Users must register by means of specific forms for specific services.

All information the User provides must be true. The User guarantees the authenticity of the data entered on the forms, governing the use of the Website’s functions.

Likewise the User is responsible for updating all information provided to TRENDTATION reflecting the User’s real status. The User is responsible for false or inaccurate declarations, as well as damages caused to TRENDTATION and third parties deriving from said information.

In conformance with TRENDTATION‘s anti-spamming policy, the User is obliged to refrain from using and capturing data from other users that he or she accesses via information and services contained on the Website, for promotional or advertising purposes, and refrain from sending commercial correspondence of any kind, via any medium, which is unsolicited, and without prior consent from TRENDTATION and/or those affected.

The User is aware of and voluntarily accepts full and exclusive responsibility for all use of the Website’s services.

The User shall accept responsibility for damages of any kind caused to TRENDTATION as a consequence of intentional non compliance with any of the obligations to which he or she is subject by virtue of these “General Conditions of Use” or by virtue of the law governing the Use of the Service.

Content provided by Trendtation Users

Every User that provides content to the Trendtation.com website states he or she is the legitimate owner of the intellectual property rights to the content, which govern reproduction, distribution and public communication by any electronic medium, mainly Internet and email, in the whole world, without time restraints.

TRENDTATION does not permit content that damages the quality of the service.

The following content is prohibited:

TRENDTATION is responsible for identifying the aforementioned situations on the basis of good faith and/or requests by third parties and/or institutions.

Non compliance with this norm could lead to the immediate cancellation of the User’s account and the destruction of all User-related content, without the option to recover said content.

TRENDTATION cannot control each and every piece of content published and therefore cannot assume responsibility for all content.

However TRENDTATION shall carry out regular checks on inserted and published content to ensure compliance with TRENDTATION’s principles of quality, as well as the norms described herein.

Moreover TRENDTATION reserves the authority to withdraw all content from trendtation.com that it deems inappropriate and that does not comply with the characteristics and aims of the website.

If you notice any inappropriate content on the website please contact our customer service department at: legal@trendtation.com and/or telephone 93 504 56 00.

Users are responsible for obtaining all types of authorisations, permits and licences required to use or publish content.

Any User that adds content that is in breach of the legislation then in force shall assume full responsibility for the damages and consequences of their actions, relieving TRENDTATION of all responsibility.

Exclusion of guarantees and liability

Not including the specific situations described in the Website’s Legal Conditions and legal framework, TRENDTATION shall not be liable for damage of any kind caused by inaccurate or non specific information or by information that is not up to date; nor shall it be responsible for damage caused by errors or omissions of the information and services contained in the Website, or other content accessed via the site; nor shall it be liable for verification or supervision of content and information.

Moreover TRENDTATION does not guarantee ongoing availability and operability of the Website, nor infallibility, and therefore excludes insofar as permitted by law, any liability for damages caused by a lack of availability or continuity in the site’s operations and services, or errors accessing other websites or websites that provide said services.

TRENDTATION excludes any liability for damages resulting from services provided by third parties via the Website and media employed to manage service requests, including but not limited to: acts of unfair competition and illegal advertising via the provision of services via the Website; information that is false, inaccurate, non specific, imperfect, defective, irrelevant and/or out of date; and content transmitted, distributed, stored, received, obtained, made available or accessible via the services provided by third parties via this Website.

Moreover TRENDTATION shall not be liable for feedback and evaluations made by users in relation to suppliers services, which form part of said supplier’s overall service evaluations.

TRENDTATION guarantees the User the right to de-register from the website, in a simple and effective manner, and to stop receiving messages from the website. TRENDTATION cannot guarantee that users who gain access to the User’s email via the contact details in his or her site will not contact said User again.

Links to third party pages

TRENDTATION’s content includes links to sites belonging to and/or managed by third parties, in order to facilitate access to information available via Internet.

TRENDTATION does not accept liability for links between the content of the website and content external to the website, or any other mention of content external to the website. Thus, links and mentions exist for informational purposes only, and in no way signify support, approval, sale or any relation between TRENDTATION and the individuals or entities who have created and/or manage said content or own the websites on which they are found.

Applicable Law and Jurisdiction

These Legal Conditions and the rest of the website’s conditions are governed by Spanish law.

As regards issues that arise in relation to the provision of services and content on trendtation.com, and the interpretation, application, compliance and non compliance with information contained herein, TRENDTATION and the USER, expressly renounce any right to submit to jurisdictions other than the Courts of Barcelona.

Intellectual Property Rights

Copyright © 2008 – TRENDTATION - GRUPO INTERCOM - All rights

All operating rights are reserved.

This Website is governed by Spanish law and is protected by national and international legislation on intellectual property.

The texts, designs, images, databases, logos, layout, trademarks and other elements of the website belong to TRENDTATION or third parties who have given TRENDTATION the operating rights over the intellectual property rights in the context of the services provided via this website. These rights are protected by the laws and international treaties on intellectual property.

Any reproduction, transmission, adaptation, translation, modification, communication or use of all or some of the Website content, in any way or form, electronic, mechanical, or otherwise, is strictly prohibited unless it is subject to prior written authorisation from TRENDTATION or the third party owner of the rights. Any infraction of these rights could lead to extrajudicial or civil or criminal legal proceedings.

Any text, design, image, database, logo, layout, trademark or other third party industrial property right included in the Website does not imply transfer of ownership of rights to TRENDTATION. The User is responsible for the legitimacy of the intellectual property rights to the content he or she uses.

To protect intellectual property rights, any USER or third party who considers that his or her legitimate rights have been breached by specific content on the website, should inform Intercom Factory, S.L. in writing (Trendtation.com) Edificio Testa Avda. Alcalde Barnils, 64-68, D, 4ª planta 08174 Sant Cugat del Vallès (Barcelona) Spain, stating:

Data Protection Policy

Information rights

The data protection policy governs access and use of the www.trendtation.com website services, (hereafter “TRENDTATION”) which INTERCOM FACTORY, S.L makes available, free of charge, to Internet users interested in the site’s services and content (hereafter “Users”).

In accordance with Fundamental Law 15/1999 of 13 December on the Protection of Personal Data (hereafter LOPD), TRENDTATION as owner of the Website, informs the User that files containing personal data have been created and TRENDTATION accepts responsibility for the files.

Purpose

TRENDTATION collects information concerning users who register via the web form available on the trendtation.com website for the following reasons:

Compulsory or optional nature of the information provided by the User and reliability of the information

The User must complete the fields specified in the registrarion form so that TRENDTATION can process the form. Fields marked “Optional” are voluntary.

The User guarantees that the personal information provided is true and agrees to inform TRENDTATION of any changes to the same.

The User guarantees that the personal information provided is exact and up to date and reflects the User’s current status. The User is responsible for keeping his or her information up to date at all times. The User is responsible for any mistake or error in the data provided, and shall be liable for any damage deriving from said errors, as regards TRENDTATION or third parties, by virtue of using TRENDTATION’s services.

Privacy Control

The User, in the personal menu, can choose and modify the privacy level in the personal data. So the user can choose the most interesting profile type.

User Consent

The transfer of personal data via Trendtation’s electronic form or via email signifies the sender’s consent to the automated handling of his or her details by means of the TRENDTATION website medium, functions and products, as well as electronic correspondence containing information relating to TRENDTATION and its initiatives.

All Users accept that personal data may be transferred to third parties as a consequence of the site’s operations. For these purposes references to third parties mean “users or entities that wish to contact suppliers”.

All Users who register are aware and therefore expressly accept that data and photos or videos concerning them will be published and visible on the Trendtation.com website, Internet search engines and another Media related to the trend sector.

Information provided by minors

Minors under 14 cannot register to use Trendtation.com without prior consent from their parents or guardians.

If you are under 14 and have entered the site without notifying your parents you cannot register as a user.

Electronic comunication

By completing and submitting an electronic form to Trendtation.com Users expressly consent to receiving bulletins concerning the most relevant news, innovations, and information regarding the website, as well as electronic communications relating to the sector and the following sectors:

TRENDTATION has established two mechanisms by which users can reject said services, simply and at zero cost.

To do so the user must enter the Configuration menu, select Notifications and de-activate the relevant sending options in the Email section. Users can also de-activate this service by following the instructions at the bottom of the email.

Security

TRENDTATION informs users that is has adopted the technical and organisational measures laid down by law, to protect their personal data and to prevent it from being altered, lost, handled or accessed without authorisation, bearing in mind the status of the technology, nature of the data saved and the risks to which it is exposed, in accordance with Royal Decree 1720/2007, of 21 December, which passed the Development Regulation of Fundamental Law 15/1999, of 13 December on the protection of personal data and other control procedures for the security of systems and information.

Cookies and IPs

The User agrees to use cookies and IP tracking.

Third parties may collect certain types of information about a user's visit to their websites, including whether the user interacted with content on the sites.

Our software and the site’s traffic analyser use cookies and IP trackers that collect data for statistical purposes, including: date of first visit, number of visits, date of last visit, URL and domain, browser and screen resolution. The User is also free to de-activate and/or eliminate cookies by following their Internet browser instructions; however such action may considerably reduce the user’s ability to use the site and may be incompatible with his or her needs.

TRENDTATION does not use Spamming and only handles data sent via electronic forms found on the Website or via email messages.

The handling of personal data, and electronic commercial communications comply with fundamental Law 15/1999 of 13 December on the Protection of Personal Data (B.O.E. 14 December 1999) and Law 34/2002 of 11 July, concerning Information Organisation and Electronic Commerce services (B.O.E. 12 July 2002) and the regulations which develop them.

Right to Access, correct and cancel data

The User is entitled to access this information, correct it if there are errors, and de-register from TRENDTATION.

Users can exercise these rights via the website’s configuration menu. If users experience problems exercising their online rights or if they have doubts or questions as to our policy of data protection, they can contact us directly at:

Legal Department
legal@trendtation.com

Intercom Factory, S.L (Trendtation.com)
Edificio Testa, Avda.Alcalde Barnils 64- 68, Bloque D, 4ª planta
08174 - Sant Cugat del Vallès
Barcelona
Spain

The User is guaranteed the right to de-register from TRENDTATION simply and efficiently, and may decide to stop receiving messages from the Website. However TRENDTATION cannot guarantee that users who have already obtained their email address via contact details on the website will not contact them again.

Applicable Law

The Data Protection Policy and the rest of the Legal Conditions concerning the website are governed by Spanish law.