Terms and Conditions - ALL FLAMENCO

TERMS OF USE

These “Conditions of Use” apply to all users of the ALL FLAMENCO website (the ‘website’ or the ‘website’). By using the website or placing an order, you automatically agree to these “Terms of Use”. If you do not agree to any of these conditions, you should not use the website.

These Conditions could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or the conclusion of the Contract (as defined below) will be those that are applicable to you.

OUR DATA

This website is operated under the name DIGITAL CORNUCOPIA SL with registered office at Vía Dos Castillas 33, edificio 4, planta 1, 28224 Pozuelo de Alarcón (Madrid), Spain and NIF B-87833851.

YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data that you provide about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website, you consent to the processing of said information and data, and declare that all the information or data you provide us is true and corresponds to reality.

RULES OF USE OF OUR WEBSITE

As a user of our website and / or when placing orders through it, you will have to consult, register and accept these conditions, before making the online purchase, understanding that access to the store, as well as the purchase of any of the products offered will imply the acceptance of these General Contracting Conditions. Specifically, you agree to:

Not to use this website to carry out activities contrary to the laws, morals, public order and, in general, to make a use contrary to the conditions established in this Legal Notice.
Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities
You will not be able to carry out advertising or commercial exploitation activities, sending messages that use a false identity.
You are solely responsible for the truthfulness and accuracy of the content you enter on this website and the personal data you provide for the purposes set out in our Privacy Policy. You also agree that we may use this information to contact you. See our Privacy Policy for more information. For orders placed through the Store, if you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you represent that you are at least 18 years of age and have the legal capacity to enter into contracts.
You will also be solely responsible for carrying out any type of illegal, injurious, harmful and / or damaging action on third-party sites to which we can refer you from this website for the development of our activity.

The person responsible for the website may interrupt the service of the page that is being used by the user and immediately resolve the relationship if it detects a use of the website or any of the services offered therein that may be considered contrary. to what is expressed in these Terms and Conditions.

APP

The application allows you to view or listen to audio and video audiovisual content, as well as other digitized content offered by ALL FLAMENCO, both live and pre-recorded programs made available to the user packaged in a channel or through an on-demand content library.

The application is intended for the private and exclusive use of individual users. The commercialization of the contents of the application to third parties is strictly forbidden, as well as the public communication of the same by the user in places of public access (bars, restaurants, clubs, etc.).

Except as expressly permitted by the copyright holder of the application and its contents, no part of the application or digital content may be stored, copied, adapted, redistributed, reproduced, republished, posted, publicly displayed or sublicensed for commercial purposes.

Some of the application’s features may require access to user data and charge a fee for access to the application’s content. Such access may be subject to the policies and terms of use of your data access provider. In such case, the user shall be solely responsible for payment of such fees and compliance with such policies and terms of use.Algunas de las funciones de la aplicación pueden requerir el acceso a los datos del usuario y cobrar una contraprestación por el acceso a los contenidos de la aplicación. El referido acceso puede estar sujeto a las políticas y términos de uso de su proveedor de acceso a datos. En tal caso, el usuario será el único responsable del pago de dichas tarifas y del cumplimiento de dichas políticas y términos de uso.

Both the interactive app and the Web Site on which it is hosted may contain technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, the ‘Linked Sites’).

ALL FLAMENCO will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their unlawfulness and has not disabled the link to them with due diligence. Therefore, ALL FLAMENCO reserves the right to activate or disable the Linked Sites, when they violate the law or provide illegal content and services.
In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify ALL FLAMENCO without in any case this communication entails for ALL FLAMENCO the obligation to remove the corresponding link.

The existence of Linked Sites in no case presupposes the formalization of agreements between ALL FLAMENCO and those responsible or owners thereof, nor the recommendation or promotion of the Linked Sites and/or their contents by ALL FLAMENCO.

Unless expressly stated otherwise, ALL FLAMENCO is unaware of the contents and services of the Linked Sites and, therefore, is not responsible for the damages that their unlawfulness, quality, outdatedness, unavailability, error and uselessness may cause to the User or any third party.

In the event that the User accesses Linked Sites, the User must read and accept the terms and conditions governing the same, as well as the privacy and cookies policy contained in the Linked Sites. The User of the service must be of legal age according to the laws of the territory or country of residence. Minors may only use the service under the supervision and responsibility of an adult.
The User may access ALL FLAMENCO content primarily within the country in which the User has established an account and only in those geographic territories in which ALL FLAMENCO provides service and has licensed the content. The content available for viewing varies by geographic location and changes periodically.
The ALL FLAMENCO service, including the content library, is updated on a regular basis.

The quality of ALL FLAMENCO content may vary depending on the device, and may be affected by various factors, such as the user’s location, available bandwidth and/or Internet connection speed. The availability of High Definition, Ultra High Definition and high dynamic range will depend on the available internet connection and the performance of the device from which it is accessed.
Not all content is available in all formats.

The application software has been developed by DIGITAL CORNUCOPIA S.L. or for DIGITAL CORNUCOPIA S.L. and is designed to allow the viewing of ALL FLAMENCO content through devices compatible with the application. This software may vary depending on the device and media, and its functions may also differ between devices. User acknowledges and agrees that use of the service may require third party software subject to licenses from such third parties. User acknowledges and agrees that it may automatically receive updated versions of the application software and related third party software.

PASSWORD AND ACCOUNT ACCESS

The subscriber who has created the ALL FLAMENCO account and entered a Supported Payment Method (the ‘Account Holder’) will have access to, and control over, the ALL FLAMENCO account and the application-compatible devices used to access the ALL FLAMENCO service.

The Account Holder shall be responsible for the activity that takes place on such ALL FLAMENCO account.
In order to maintain control over the account and prevent unauthorized access by anyone, the Account Holder shall maintain control of all application-compatible devices used to access the service, and shall not disclose the password or Payment Method details associated with such account to anyone.

The account holder is responsible for updating and maintaining the accuracy of the information provided in connection with the account.
ALL FLAMENCO reserves the right to terminate or block the account to protect the user from unauthorized use associated with identity theft or other fraudulent activity.

SUBSCRIPTION CONTRACTING METHOD

The subscription to ALL FLAMENCO may be monthly or yearly until its conclusion. To use the service offered by ALL FLAMENCO the user must have Internet access, have a device compatible with the application, and make the payment of the fee through one of the authorized forms or methods of payment. Payment method’ is an accepted, valid and current payment method required to receive the service. Unless the user cancels his/her subscription prior to the monthly billing date, the user authorizes the charge of the subscription fee for the following month or year, depending on the contracted plan (see ‘Cancellation’ below).
ALL FLAMENCO may from time to time offer certain subscription plans, including promotional plans or special subscriptions offered by a third party in conjunction with the provision of its own products and services. Some subscription plans may have different terms and limitations, which will be disclosed at the time of registration.

To make the payment, the user will enter his credit card details through a secure transaction. Orders are validated and registered as soon as the payment has been accepted.
Payments made are non-refundable and it will not be possible to claim refunds or credits for partially used periods. Following any cancellation, the user will continue to have access to the service until the end of the current billing period.

ACCESS TO CONTENT THROUGH THE VIDEO ON DEMAND (VOD) SYSTEM

Users may also hire through the application the temporary rental for viewing in the Video On Demand system programs and events in isolation by paying the applicable rate at any given time.
During the rental period, the user may view the requested program as many times as desired without being allowed to store, copy, adapt, redistribute, reproduce, republish, publish, publicly exhibit or sublicense the rented program for commercial purposes.

FREE TRIAL

The subscription to ALL FLAMENCO may start with a free trial. The free trial period of the subscription will be of variable duration, specified in advance of the subscription, and its purpose is to allow new subscribers, and some old subscribers, to test the service.
Exceptionally and for promotional purposes, certain content may also be offered free of charge for viewing by users without the need to subscribe to the service.

INVOICING AND CANCELLATION

Ciclo de facturación. La cuota de suscripción al servicio de ALL FLAMENCO y cualesquiera otros cargos asociados al uso de los servicios asociados, se facturarán mensualmente al Método de pago seleccionado por el usuario el día natural que corresponda al inicio del periodo de suscripción. En algunos casos la fecha de facturación puede cambiar, como por ejemplo si el Método de pago no se ha configurado correctamente o si la suscripción de pago se inició en un día no existente en un mes determinado. Para comprobar la siguiente fecha de pago, el usuario podrá acceder a la web y seleccionar el enlace ‘Datos de facturación’ en la página ‘Cuenta’.

The contents contracted individually for viewing in the VOD system will be billed individually and payment by the user will be made through any of the authorized payment methods.

Payment methods. To access the ALL FLAMENCO service and content, the user must provide one or more of the different payment methods offered by the application. The user will be able to modify his Payment Methods in the ‘Account’ page.

Cancellation. The user may cancel his/her subscription to the ALL FLAMENCO channel at any time, and will continue to have access to the service until the end of his/her billing period, monthly or yearly, depending on the contracted plan. To cancel, the user may go to the ‘my account’ section of the application on the allflamaneco.net website and follow the cancellation instructions. Upon cancellation, the account will be automatically closed at the end of the current billing period.

Price and Subscription Plan Changes. ALL FLAMENCO may change its subscription plans and subscription fees whenever it deems appropriate. However, no change in fees or subscription plans will affect the user until 30 days after the user has been informed of such change.

RIGHTS HOLDER

DIGITAL CORNUCOPIA S.L. with CIF B87833851 and address at Vía Dos Castillas 33, building 4, floor 1, 28224 Pozuelo de Alarcón (Madrid) Spain, is the owner of the marketing rights of the contents offered through the ALL FLAMENCO application.

OTHER PROVISIONS

Applicable Law. These Terms of Use shall be governed by and construed in accordance with Spanish law. These Terms shall not limit any consumer protection to which you may be entitled under the laws of your country of residence.
Attention to the user. For more information about the service and its options, or if you need assistance with your account, please contact us at info@allflamenco.net.

Subsistence. If any provision or provisions of these Terms of Use shall be declared invalid, illegal or unenforceable, such circumstance shall not affect the validity, legality and enforceability of the remaining provisions which shall remain in full force and effect.
Changes to the Terms of Use. ALL FLAMENCO may change these Terms of Use at any time it deems appropriate, in which case Subscriber will be given at least 30 days notice prior to the change becoming effective.

Electronic communications. ALL FLAMENCO will send the user all information related to your account (payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices, etc.) only in electronic format; for example: via email to the address provided upon registration.
Contact Information. For any communication related to the Terms of Use the user can contact the owner of the application through the following e-mail address: info@allflamenco.net.

LIABILITY AND DISCLAIMER OF LIABILITY

In exercise of your right as the owner of this website, we inform you that the administrator of the website is not responsible in any case for the following:

The quality of the service, the speed of access, the correct functioning or the availability or continuity of operation of the page.
The existence of viruses, malware, malicious or harmful programs in the contents.
The illicit, negligent, fraudulent use or contrary to these Terms and Conditions.
The lack of legality, quality, reliability, usefulness and availability of the services provided by third parties and made available to users on this website.
Of the damages that could come from the illegal or improper use of this website.

Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.

Due to the open nature of this web page and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this web page unless it is established expressly otherwise in it. All descriptions of products, information and materials that appear on this website are provided as a true body and without express or implicit guarantees about them.

To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded from consumers and users. The provisions of this clause will not affect your legal rights as a consumer and user, or your right to withdraw from the Contract.

INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark and other intellectual property rights over the materials or content that are provided as part of the website correspond at all times to us or to those who granted us a license for their use. You may make use of such material only in the way that we or those who have granted us a license for its use expressly authorize it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact details.

VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material. You will not try to have unauthorized access to this website, to the server where said page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of these regulations to the competent authorities, and we will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically damaging or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of the download of contents of the same or to which it redirects.

LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without our having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.

Therefore, we recommend that you carefully read the conditions of use, privacy policy, legal notices and / or similar of these sites.

WRITTEN COMMUNICATIONS

Applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that the majority of such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

NOTIFICATIONS

In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order.

It will be understood that the notifications have been made correctly when they are made to the postal or electronic address provided by you.

It will be understood that the notification has been received if the email has been sent by us to the email you indicated or the registered letter with acknowledgment of receipt has not been returned to us.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding for both you and us, as well as for our respective successors, assignees and successors in title.

You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without having obtained our prior written consent.

We may transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you have as a consumer recognized by law or will cancel, reduce or limit in any other way the guarantees, both express and implied, that you we could have granted.

EVENTS BEYOND OUR CONTROL

We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, the cause of which is due to events that are beyond our reasonable control (“Force Majeure Cause”).
The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:

Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Strike, failures or accidents of maritime or river transport, postal or any other type of transport.

It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Force Majeure Cause continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Cause. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure Event.

RESIGNATION

The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of said Contract or of the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.

No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under the Agreement or the Conditions.
No waiver by us of any of these Terms or of any rights or remedies under the Agreement will be effective unless it is expressly stated to be a waiver and formalized and communicated to you in writing in accordance with the Notice section above.

PARTIAL NULLITY

If any of these Conditions, or any provision of a Contract were declared null and void by a firm resolution by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in them constitute the entire agreement existing between you and us in relation to the object of the Contract and replace any other previous pact, agreement or promise agreed between you and us verbally or by written.

You and we acknowledge having consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before said Contract, except for what is expressly mentioned. in these Conditions.

Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such an uncertain statement had been made fraudulently) and the only action that the another party will be for breach of contract in accordance with the provisions of these Conditions.

OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to revise and modify these Terms at any time.
You will be subject to the policies and Terms in effect at the time you place each order, unless we are required by law or governmental agency decision to make retroactive changes to such policies, Terms of Purchase or Privacy Policy, in which case, any changes will also affect orders you have previously placed.

APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law.

Any controversy that arises or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by current legislation.

Communications

For the purposes of these General Conditions, and for any communication that is precise between DIGITAL CORNUCOPIA SL and you, you should contact us by email at info@allflamenco.net.

Communications from DIGITAL CORNUCOPIA SL to YOU will be made in accordance with your data provided when registering on the Web. You expressly accept the use of email as a valid procedure for sending all communications related to the use of the Web.