Legal notice

LEGAL NOTICE AND GENERAL TERMS OF USE

I. GENERAL INFORMATION

In compliance with the information requirements set forth in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information regarding this website is provided:

The ownership of this website, https://whisperingflame.store/ (hereinafter, the “Website”), belongs to: Saul Alexander Armijos Rivas, with NIF: 0804651891, whose contact details are as follows:

Address: Calle Luis Trujillo y Paulino Quiñonez, La Vivanco, 230250, La Concordia, Ecuador

Contact telephone: 0986931618

Contact email: support.whisperingflame@gmail.com

II. GENERAL TERMS AND CONDITIONS OF USE

Purpose of the Terms: The Website

The purpose of these General Terms and Conditions of Use (hereinafter, the “Terms”) is to regulate access to and use of the Website. For the purposes of these Terms, the Website shall be understood as the external appearance of the screen interfaces, both static and dynamic, that is, the navigation tree; and all elements integrated into the screen interfaces and the navigation tree (hereinafter, the “Content”), as well as all online services or resources that may be offered to Users (hereinafter, the “Services”).

Whispering flame reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time Whispering flame may interrupt, deactivate and/or cancel any of these elements incorporated into the Website or access to them.

Access to the Website by the User is free and, as a general rule, is provided free of charge, without the User having to provide any consideration in order to use it, except for the connection costs through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Content or Services of the Website may require the User to subscribe or register in advance.

The User

Access to, navigation of and use of the Website confers the status of User, meaning that all the Terms set forth herein, as well as any subsequent amendments thereto, are accepted from the moment navigation on the Website begins, without prejudice to the application of the relevant mandatory legal provisions, as applicable. Given the importance of the foregoing, Users are advised to read these Terms each time they visit the Website.

The Website of Whispering flame provides a wide variety of information, services and data. The User assumes responsibility for making proper use of the Website. This responsibility shall extend to:

The use of the information, Content and/or Services and data offered by Whispering flame in a manner that does not contravene these Terms, the law, morality or public order, or that in any other way may infringe the rights of third parties or the operation of the Website itself.
The truthfulness and legality of the information provided by the User in the forms made available by Whispering flame to access certain Content or Services offered by the Website. In all cases, the User shall immediately notify Whispering flame of any circumstance that allows the misuse of the information registered in such forms, including, but not limited to, theft, loss or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

Mere access to this Website does not imply the establishment of any type of commercial relationship between Whispering flame and the User.

Always in compliance with applicable legislation, this Website of Whispering flame is addressed to all persons, regardless of their age, who may access and/or browse the pages of the Website.

III. ACCESS TO AND NAVIGATION OF THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

Whispering flame does not guarantee the continuity, availability or usefulness of the Website, nor of the Content or Services. Whispering flame will make every effort to ensure the proper functioning of the Website; however, it does not warrant or guarantee that access to this Website will be uninterrupted or error-free.

Nor does it assume responsibility or guarantee that the content or software that may be accessed through this Website is free of errors or may cause damage to the User’s computer system (software and hardware). Under no circumstances shall Whispering flame be liable for losses, damages or harm of any kind arising from access to, navigation of or use of the Website, including, but not limited to, those caused to computer systems or resulting from the introduction of viruses.

Whispering flame shall also not be liable for any damages that may be caused to Users as a result of improper use of this Website. In particular, it shall not be liable in any way for outages, interruptions, or failures or defects in telecommunications that may occur.

IV. LINKING POLICY

Users are informed that the Website of Whispering flame may make available means of linking (including, among others, links, banners and buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.

The installation of these links, directories and search engines on the Website is intended to facilitate Users’ search for and access to information available on the Internet, and shall not be considered a suggestion, recommendation or invitation to visit such websites.

Whispering flame does not offer or market, either directly or through third parties, the products and/or services available on such linked websites.

Likewise, it does not guarantee the technical availability, accuracy, truthfulness, validity or legality of websites not owned by it that may be accessed through the links.

Whispering flame shall under no circumstances review or control the content of other websites, nor approve, examine or adopt as its own the products and services, content, files or any other material existing on the aforementioned linked websites.

Whispering flame assumes no liability for any damages that may arise from access to, use, quality or legality of the content, communications, opinions, products and services of websites not managed by Whispering flame that are linked to this Website.

The User or third party who establishes a hyperlink from another website to the Website of Whispering flame must be aware that:

The reproduction —in whole or in part— of any of the Content and/or Services of the Website is not permitted without the express authorization of Whispering flame.
False, inaccurate or incorrect statements regarding the Website of Whispering flame, or its Content and/or Services, are also not permitted.
Except for the hyperlink itself, the website on which such hyperlink is established shall not contain any element from this Website protected as intellectual property under Spanish law, unless expressly authorized by Whispering flame.
The establishment of the hyperlink shall not imply the existence of any relationship between Whispering flame and the owner of the website from which the hyperlink is established, nor the knowledge and acceptance by Whispering flame of the content, services and/or activities offered on that website, and vice versa.

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

Whispering flame, either directly or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as of the elements contained therein (including, by way of example and without limitation, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). Consequently, these shall constitute works protected as intellectual property under Spanish law, and shall be subject both to Spanish and European Union legislation in this field and to the international treaties relating to the matter to which Spain is a party.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, are expressly prohibited without the authorization of Whispering flame.

The User undertakes to respect the intellectual and industrial property rights of Whispering flame. The User may view the elements of the Website and may even print, copy and store them on the hard drive of their computer or on any other physical medium, provided that this is exclusively for personal use. However, the User may not remove, alter or manipulate any protection device or security system installed on the Website.

If the User or a third party considers that any of the Content of the Website constitutes an infringement of intellectual property protection rights, they must immediately notify Whispering flame through the contact details provided in the GENERAL INFORMATION section of this Legal Notice and General Terms and Conditions of Use.

VI. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Whispering flame reserves the right to take such civil or criminal legal actions as it deems necessary for improper use of the Website and Content, or for breach of these Terms.

The relationship between the User and Whispering flame shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise regarding the interpretation and/or application of these Terms, the parties shall submit their disputes to the ordinary jurisdiction, submitting themselves to the judges and courts that have jurisdiction in accordance with the law.