ACCESS AND USE CONDITIONS OF THE PORTAL

1. Free Access to and Use of the Portal

The provision of the Services by FLORS JOAN is free of charge to Users. Notwithstanding the foregoing, some of the Services provided by FLORS JOAN or by third parties thru the Portal are subject to the payment of a fee in the manner specified in the corresponding Special Conditions.

2. User Registration

In general, the provision of the Services does not require Users to subscribe or register in advance. However, FLORS JOAN requires users to complete the corresponding user registration form before using certain Services, which is available to those who wish to register. Likewise, FLORS JOAN makes available to Users certain Services whose use requires the completion of additional registrations. The aforementioned registration shall be carried out in the manner expressly indicated in the service itself or in the Special Conditions governing it.

3. Veracity of the information

All information provided by the User thru the Services must be truthful. For these purposes, the User guaranties the authenticity of all data provided as a result of completing the forms required to subscribe to the Services. Likewise, it shall be the User’s responsibility to keep all information provided to FLORS JOAN permanently up to date so that it reflects the User’s actual situation at all times. In any event, the User shall be solely responsible for any false or inaccurate statements made and for any damages caused to FLORS JOAN or to third parties as a result of the information provided.

4. Minors

To use the Services, minors must first obtain permission from their parents, guardians, or legal representatives, who will be held responsible for all acts carried out by the minors under their care. Full responsibility for determining the specific content and Services accessed by minors rests with the adults in whose care they are. As the Internet enables access to content that may not be appropriate for minors, Users are hereby informed that mechanisms exist—in particular, filtering and blocking software—that allow the available content to be limited and, although not infallible, are especially useful for controlling and restricting the materials to which minors may access.

5. Obligation to make proper use of the Portal and the Services

The User undertakes to use the Portal and the Services in accordance with the law, this Legal Notice, the Specific Terms of certain Services, and any other notices, usage regulations, and instructions brought to their attention, as well as with generally accepted morality and good customs and public order.

To that end, the User shall refrain from using any of the Services for unlawful purposes or effects, for purposes prohibited by this Legal Notice, or in any way that infringes the rights and interests of third parties, or that may in any way damage, disable, overload, impair, or prevent the normal use of the Services, computer equipment, or documents, files, and any type of content stored on any computer (hacking) belonging to FLORS JOAN, other Users, or any Internet user (hardware and software).

In particular, and by way of illustration only and without limitation, the User undertakes not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that:

(a) in any way that is contrary to, undermines, or infringes upon the fundamental rights and public freedoms recognized by the Constitution, international treaties, and other legislation;

(b) induce, incite, or promote criminal, denigrating, defamatory, infamous, violent, or, in general, unlawful acts, or acts contrary to morality, generally accepted good customs, or public order;

(c) induce, incite, or promote discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or status;

(d) incorporate, make available, or allow access to criminal, violent, offensive, harmful, degrading products, items, messages, and/or services, or, in general, anything contrary to the law, morality, generally accepted good customs, or public order;

(e) induce or may induce an unacceptable state of anxiety or fear;

(f) induce or incite involvement in dangerous, risky, or harmful practices to health and mental well-being;

(g) is false, ambiguous, inaccurate, exaggerated, or untimely, so that it induces or may induce error as to its subject matter or as to the communicator’s intentions or purposes;

(h) is protected by any intellectual or industrial property rights belonging to third parties, without the User having first obtained from the rights holders the necessary authorization to carry out the use he is carrying out or intends to carry out;

(i) violate the trade secrets of third parties;

(j) be contrary to the right to honor, personal and family privacy, or one’s own image;

(k) in any way undermine the credibility of FLORS JOAN or of third parties;

(l) violate the regulations on the confidentiality of communications;

(m) constitutes, as applicable, unlawful, misleading, or unfair advertising and, in general, unfair competition;

(n) incorporate viruses or other physical or electronic elements that may damage or prevent the normal operation of the network, the system, or the computer equipment (hardware and software) of FLORS JOAN or of third parties, or that may damage electronic documents and files stored on such computer equipment;

(o) cause difficulties in the normal operation of the Service due to its characteristics (such as format, file extension, etc.);

(p) contain HTML tags other than those expressly authorized by FLORS JOAN.

6. Obligation to make proper use of the Contents

In accordance with the provisions of clause 3.5, the User undertakes to use the content made available to Users on the Portal—including, without limitation, texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or audio content, as well as its graphic design and source code (hereinafter, the “Content”)—in compliance with the law, this Legal Notice, the Specific Terms of certain Services, and any other notices, usage regulations, and instructions brought to their attention, as well as with generally accepted morality and good customs and public order, and, in particular, undertakes to refrain from:

(a) reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify the Contents, unless authorized by the rights holder or legally permitted;

(b) remove, manipulate, or in any way alter the copyright and other identifying information of the FLORS JOAN reservation of rights or its owners, the digital watermarks, or any other technical means established for its recognition.

The User shall refrain from obtaining, and even from attempting to obtain, the Contents by any means or procedures other than those that, as applicable, have been made available for this purpose or indicated on the web pages where the Contents are located, or, in general, those commonly used on the Internet for this purpose, provided that they do not entail any risk of damage or disablement to the Portal, the Services, and/or the Contents.

7. Use of the Services offered on the Portal in accordance with FLORS JOAN’s Anti-Spamming Policy

The User undertakes to refrain from:

(i) collect data for advertising purposes and send advertising of any kind and communications for sales or other commercial purposes without your prior request or consent;

(ii) send any other unsolicited or non-consented messages to a plurality of persons;

(iii) sending unsolicited or non-consented email chains;

(iv) use distribution lists accessible thru the Services to carry out the activities described in paragraphs (i) thru (iii) above;

(v) make data collected from distribution lists available to third parties for any purpose.

Los Usuarios o terceros perjudicados por la recepción de mensajes no solicitados dirigidos a una pluralidad de personas podrán comunicárselo a FLORS JOAN remitiendo un mensaje a la siguiente dirección de correo electrónico: info@FLORS JOAN.com.

8. Introduction of hyperlinks that allow access to the Portal’s web pages and Services

Users and, in general, those who intend to establish a hyperlink between their website and the Portal (hereinafter, the "Hyperlink") must comply with the following conditions:

(a) The Hyperlink shall only allow access to the Portal’s home page, but may not reproduce it in any way;

(b) no frame will be created over the Portal’s web pages;

(c) no false, inaccurate, or misleading representations or indications shall be made about RUNNERG, its directors, its employes, the Portal’s web pages, or the Services provided;

(d) it shall not be declared or implied that FLORS JOAN has authorized the Hyperlink or that it has supervised or in any way assumed responsibility for the services offered or made available on the website on which the Hyperlink is established;

(e) with the exception of those signs that form part of the Hyperlink itself, the web page on which the Hyperlink is placed shall not contain any trademark, trade name, business sign, designation, logo, slogan, or other distinctive signs belonging to FLORS JOAN; and

(f) the website on which the Hyperlink is placed shall not contain any unlawful information or content, nor any information or content contrary to morality, generally accepted good customs, or public order, nor shall it contain any content infringing the rights of third parties.

The establishment of the Hyperlink does not in any case imply the existence of any relationship between FLORS JOAN and the owner of the website on which it is established, nor does it imply acceptance or approval by FLORS JOAN of its content or services.

NO LICENSE

All trademarks, trade names, or distinctive signs of any kind appearing on the Portal are the property of FLORS JOAN or third parties, and nothing in the use of or access to the Portal and/or the Services shall be construed as granting the User any right whatsoever to such trademarks, trade names, and/or distinctive signs.

Likewise, the Contents are the intellectual property of FLORS JOAN or third parties, and no rights of exploitation that exist or may exist over such Contents are deemed to be transferred to the User under this Legal Notice, except to the extent strictly necessary for the proper use of the Portal and the Services.

DISCLAIMER OF WARRANTIES AND LIABILITY

1. Exclusion of warranties and liability for the operation of the Portal and the Services

1.1 Availability and continuity, utility and fallibility

FLORS JOAN does not guaranty the availability and continuous operation of the Portal and the Services. Whenever reasonably possible, FLORS JOAN will provide prior notice of any interruptions in the operation of the Portal and the Services. FLORS JOAN also does not guaranty that the Portal and the Services are useful for carrying out any specific activity, nor does it guaranty their infallibility and, in particular, tho not exclusively, that Users will actually be able to use the Portal and the Services or access the various web pages that make up the Portal or those from which the Services are provided.

FLORS JOAN EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY ARISE FROM THE LACK OF AVAILABILITY OR CONTINUITY OF THE PORTAL’S OPERATION AND SERVICES, FROM THE FRUSTRATION OF ANY BENEFIT USERS MAY HAVE EXPECTED FROM THE PORTAL AND SERVICES, FROM THE PORTAL’S AND SERVICES’ FALLIBILITY, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FROM FAILURES IN ACCESSING THE PORTAL’S VARIOUS WEB PAGES OR THOSE FROM WHICH THE SERVICES ARE PROVIDED.

1.2 Privacy and Security in the Use of the Portal and Services

FLORS JOAN does not guaranty the privacy and security of the use of the Portal and the Services and, in particular, does not guaranty that unauthorized third parties will not be able to learn about the type, conditions, characteristics, and circumstances of Users’ use of the Portal and the Services.

FLORS JOAN EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY ARISE FROM UNAUTHORIZED THIRD PARTIES’ KNOWLEDGE OF THE TYPE, CONDITIONS, CHARACTERISTICS, AND CIRCUMSTANCES OF USERS’ USE OF THE PORTAL AND SERVICES.

2. Exclusion of Warranties and Liability for the Contents

2.1 Quality

FLORS JOAN does not control or guaranty the absence of viruses or other elements in the Content that may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored on your computer system.

FLORS JOAN EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY BE CAUSED BY THE PRESENCE OF VIRUSES OR OTHER ELEMENTS IN THE CONTENT THAT MAY ALTER USERS’ COMPUTER SYSTEMS, ELECTRONIC DOCUMENTS, OR FILES.

2.2 Lawfulness, reliability, and usefulness

FLORS JOAN does not guaranty the lawfulness, reliability, or usefulness of the Content. FLORS JOAN excludes, to the fullest extent permitted by law, any liability for damages of any kind that may arise from the transmission, dissemination, storage, making available, receipt, obtaining, or accessing of the content, and in particular, tho not exclusively, for damages that may result from:

(a) the breach of the law, morality, generally accepted good customs, or public order as a consequence of the transmission, dissemination, storage, making available, reception, obtaining, or accessing of the contents;

(b) the infringement of intellectual and industrial property rights, trade secrets, contractual obligations of any kind, the rights to honor, personal and family privacy, and the image of individuals, property rights, and any other rights of a third party as a result of the transmission, dissemination, storage, making available, receipt, obtaining, or accessing of the content;

(c) the commission of acts of unfair competition and illegal advertising as a result of the transmission, dissemination, storage, making available, receipt, obtaining, or accessing of the content;

(d) the lack of veracity, accuracy, completeness, relevance, and/or timeliness of the content;

(e) the unsuitability for any kind of purpose and the frustration of expectations generated by the content;

(f) the breach, delay in performance, defective performance, or termination for any reason of obligations undertaken by third parties and contracts entered into with third parties thru or in connection with access to the content;

(g) vises and defects of any kind in the content transmitted, disseminated, stored, made available, or otherwise transmitted or made available, received, obtained, or accessed thru the portal or the services.

2.3 Veracity, accuracy, completeness, and timeliness

FLORS JOAN does not guaranty the truthfulness, accuracy, completeness, or timeliness of the Content.

FLORS JOAN excludes, to the fullest extent permitted by law, any liability for damages of any kind that may arise from the lack of truthfulness, accuracy, completeness, and/or timeliness of the content.

3. Exclusion of warranties and liability for services provided by third parties thru the Portal

3.1 Quality

FLORS JOAN does not control or guaranty the absence of viruses or other elements in the services provided by third parties thru the Portal that may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored on your computer system.

FLORS JOAN excludes any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in services provided by third parties thru the portal that may cause alterations to users’ computer systems, electronic documents, or files.

3.2 Lawfulness, reliability, and usefulness

FLORS JOAN does not guaranty the lawfulness, reliability, or usefulness of the services provided by third parties thru the Portal. FLORS JOAN excludes any liability for damages of any kind that may arise from services provided by third parties thru the portal, and in particular, tho not exclusively, for damages that may result from:

(a) the breach of the law, morality, generally accepted good customs, or public order as a result of the provision of services by third parties thru the portal;

(b) the infringement of intellectual and industrial property rights, trade secrets, contractual obligations of any kind, the rights to honor, personal and family privacy, and the image of individuals, property rights, and any other rights of third parties as a result of the provision of services by third parties thru the portal;

(c) the commission of acts of unfair competition and illegal advertising as a result of the provision of services by third parties thru the portal;

(d) the lack of truthfulness, accuracy, completeness, relevance, and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available, or accessible thru the services provided by third parties via the portal;

(e) the unsuitability for any purpose and the frustration of expectations generated by services provided by third parties thru the portal;

(g) vises and defects of any kind in the services provided by third parties thru the portal.

4. Exclusion of warranties and liability for information, content, and services hosted outside the Portal

The Portal provides Users with technical linking devices (such as, among others, links, banners, and buttons), directories, and search tools that enable Users to access websites owned and/or managed by third parties (hereinafter, “Linked Sites”). The sole purpose of installing these links, directories, and search tools on the Portal is to facilitate Users’ search for and access to information, content, and services available on the Internet.

FLORS JOAN does not offer or market, either on its own or thru third parties, the information, content, and services available on the Linked Sites, nor does it prescreen, approve, recommend, monitor, or adopt them as its own. The User must therefore exercise extreme caution in evaluating and using the information, content, and services available on the Linked Sites.

FLORS JOAN does not guaranty or assume any liability for damages of any kind that may be due to:

(a) the operation, availability, accessibility, or continuity of the linked sites;

(b) the maintenance of the information, content, and services available on the linked sites;

(d) the quality, lawfulness, reliability, and usefulness of the information, content, and services available on the linked sites, on the same terms and to the same extent as set forth in general conditions 5.2 and 5.3 with respect to the content and services provided by third parties thru the portal.

5. Exclusion of warranties and liability for users’ use of the Portal, Services, and Content

FLORS JOAN is under no obligation to monitor, and does not monitor, Users’ use of the Portal, the Services, or the Content. In particular, FLORS JOAN does not guaranty that Users will use the Portal, the Services, and the Content in accordance with this Legal Notice and, where applicable, with the Special Conditions that apply, nor that they will do so diligently and prudently. FLORS JOAN is also under no obligation to verify, and does not verify, the identity of Users or the accuracy, validity, completeness, and/or authenticity of the data that Users provide about themselves to other Users.

FLORS JOAN excludes any liability for damages of any kind that may arise from users’ use of the services and content, or from the lack of truthfulness, timeliness, completeness, and/or authenticity of the information users provide to other users about themselves, and in particular, tho not exclusively, for damages of any kind that may arise from a user’s impersonation of a third party in any communication made thru the portal.

Personal Data Protection

For the purposes of the provisions of current data protection regulations, FLORS JOAN hereby informs the client of the existence of automated personal data files created by it and under its responsibility, the purpose of which is to maintain and manage the contractual relationship with the client. The client may exercise, in accordance with the provisions of said regulations, the rights of access, rectification, cancelation, and objection by sending a written notice to FLORS JOAN, S.L. Ref. Data. c/ Tresmall, 4, Local 1, Badalona (Barcelona), providing a photocopy of your ID card or alternative documentation to verify your identity, and the URL (web page address) where you submitted your data.

FLORS JOAN undertakes to comply with its obligation of confidentiality regarding personal data and its duty to safeguard them, even after the contractual relationship has ended, by adopting the security measures required by current legislation to prevent their alteration, loss, processing, or unauthorized access.

The client grants FLORS JOAN consent to receive advertising for products or services from FLORS JOAN or from third parties. If you do not wish to receive any such advertising, you may notify us at the address indicated in Section 1 of this Clause, by means of a written notice bearing the date and your original signature.

FLORS JOAN may use cookies when a User browses the Portal’s sites and web pages. The cookies that may be used on the Portal’s sites and web pages are associated solely with a particular computer’s browser (an anonymous user) and do not, by themselves, provide the user’s first and last name. Thanks to cookies, FLORS JOAN can recognize registered users’ browsers after they have registered for the first time, without requiring them to log in on each visit to access areas and services reserved exclusively for them. The cookies used cannot read cookie files created by other providers. The User has the option to configure their browser to be notified on-screen when cookies are received and to prevent cookies from being installed on their hard drive. Please consult your browser’s instructions and manuals for more information. To use the Portal, the User is not required to allow the installation of cookies sent by FLORS JOAN; however, in such case, the User will need to register each time they access a service that requires prior registration.

The cookies used on the Portal’s sites and web pages may be served by FLORS JOAN, in which case they are served from the various servers operated by FLORS JOAN, or from the servers of certain third parties that provide services to us and serve the cookies on behalf of FLORS JOAN (for example, the cookies used to serve advertising or certain Content, which cause the User to view the advertising or certain Content at predetermined times, number of times, and in a predetermined manner). Provided that you have not enabled the option that prevents cookies from being installed on your hard drive, you may explore your hard drive by following the instruction manual and help guide for your operating system (typically, on Windows operating systems, you should consult the “C” folder—or the corresponding disk drive—under “/Windows/Cookies”) to learn more about each server from which cookies are sent.

Procedure in the event of illicit activities

In the event that any User or a third party considers that there are facts or circumstances revealing the unlawful nature of the use of any Content and/or the performance of any activity on the web pages included in or accessible thru the Portal, and, in particular, the infringement of intellectual or industrial property rights (patents, industrial designs and models, trademarks and trade names, etc.) or other rights, they must send a notification to FLORS JOAN containing the following information:

(a) Personal data of the claimant: name, address, telephone number, and email address;

(b) specification of the alleged unlawful activity carried out on the Portal and, in particular, where an alleged infringement of rights is involved, a precise and concrete indication of the protected content and its location on the web pages;

(d) in the event of a rights violation, a handwritten signature or its equivalent, along with the personal data of the rights holder whose rights are allegedly infringed or of the person authorized to act on their behalf;

(e) an express, clear declaration by the claimant, under penalty of perjury, that the information provided in the notice is accurate and that the use of the content or the performance of the activities described is unlawful.

Notifications

All notifications and communications (hereinafter, the “Notifications”) from the User to FLORS JOAN shall be deemed effective for all purposes when addressed to the Customer Service Department as follows:

(a) Send by certified mail to the following address: c/ Sancho de Ávila 52, 5º 4ª, 08018. Barcelona.

In this regard, all notifications issued by FLORS JOAN to the User shall be deemed validly delivered if they have been made using the data and thru the means specified above. For these purposes, the User represents that all data provided by him are true and correct, and undertakes to notify FLORS JOAN of any changes to the notification data.

Withdrawal and Suspension of Service

FLORS JOAN may withdraw or suspend the provision of the Services to any Users who fail to comply with the provisions of this Legal Notice at any time and without prior notice.

DURATION AND TERMINATION

The provision of the Portal service and the other Services is, in principle, for an indefinite term. FLORS JOAN, however, is authorized to terminate or suspend the provision of the Portal service and/or any of the Services at any time, without prejudice to any provisions to the contrary in the corresponding Specific Conditions. Whenever reasonably possible, FLORS JOAN will provide prior notice of the termination or suspension of the Portal service and the other Services.

Applicable legislation

This Legal Notice shall be governed in all respects by Spanish law.