ID The website www.lilycake.es (hereinafter, the “Website”) is owned by the company LILY CAKE BARCELONA, SL (hereinafter, “Lily Cake”) as a Spanish company with registered office at C/ del Bruc, 34, L'Eixample, 08010 Barcelona, Spain, with telephone number +34 932 466 455 and email info@lilycake.es
OBJECT This legal notice regulates access, navigation and use of the Website, without prejudice to Lily Cake reserving the right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access or use. Access and/or use of the Website after its modifications or changes come into effect implies acceptance of the same. However, access to certain content and the use of certain services may be subject to certain specific conditions, which will in any case be clearly displayed and must be expressly accepted by users. These specific conditions may replace, complete or, where appropriate, modify those established in this Legal Notice. For the purposes of interpreting this legal notice, it is understood that a person becomes a user (hereinafter, "User" or "Users") at the moment in which he or she accepts the Legal Notice and the Privacy Policy set out on the Website.
WEBSITE Through the Website the User may carry out the following actions:
Access information regarding Lily Cake services and product purchases
Meet the people who make up the team
Get information about social networks
Contact support via email
Newsletter subscription
Access the articles published on the blog
Access Lily Cake tools and applications
ACCESS AND REGISTRATION Access to and navigation of the Website implies that the User accepts this legal notice in its entirety and undertakes to comply fully with it, as well as with the instructions or recommendations indicated in each specific case through the Website. Access to the contents of the Website is completely free of charge. When a User provides personal data through one of the forms enabled for this purpose on the Website, it will be necessary for them to previously accept the Privacy Policy. Under no circumstances will Lily Cake be responsible for the veracity of the data provided by the Users, and each of them will therefore be solely responsible for the possible consequences, errors and failures that may arise from the lack of accuracy of the data.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS 5.1. RIGHTS TO CONTENT Lily Cake is the owner or, where applicable, has the corresponding licenses for the intellectual and industrial property exploitation rights necessary to operate the Website, as well as all the content offered therein, including the Website itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it.5.2. RIGHTS ON THE WEBSITE In no case shall it be understood that the access, navigation and use of the Website by the User implies a waiver, transmission, license or total or partial transfer of said rights by Lily Cake. The User has the right to use the contents and/or services of the Website within a strictly domestic scope and solely for the purpose of enjoying the services provided in accordance with this Legal Notice. References to registered trademarks or trade names, or other distinctive signs, whether owned by Lily Cake or third parties, imply a prohibition on their use without the consent of Lily Cake or its legitimate owners. At no time does access, navigation or use of the Website and/or its contents confer on the User any right over the distinctive signs included therein, unless otherwise provided in this Legal Notice. All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for any purpose, without the prior, express and written authorization of Lily Cake or, where applicable, of the owner of the corresponding rights. Likewise, it is prohibited to remove or manipulate the copyright indications or other credits that identify the rights holders of the contents that the User finds on the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website. The services offered, or any information made available through the Website may not be used for commercial or advertising purposes without prior authorization from Lily Cake. In any case, the User undertakes not to use the Website for illegal or prohibited purposes. 5.3. RIGHTS OVER THE CONTENTS AND INFORMATION DISSEMINATED BY THE USER In the event that the User sends information or content of any kind to Lily Cake 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, trade secrets or any other rights of third parties, and that said information is not confidential or harmful to third parties. The User acknowledges assuming responsibility, leaving Lily Cake harmless, for any communication or content that he/she sends personally or in his/her name. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could constitute an infringement of intellectual or industrial property rights, or any other kind, he/she must immediately notify Lily Cake via the email address info@lilycake.es so that it can proceed to adopt the appropriate measures. Likewise, in the event that any User or third party considers that any of the contents of the Website owned by Lily Cake violates their intellectual, industrial or any other property rights, they must send a communication to info@lilycake.es with the following information:
Identification data and means of contact of the claimant or his legal representative
Documentation proving your status as the owner of the rights that have allegedly been infringed
Detailed account of the rights allegedly infringed by Lily Cake, as well as their exact location within the Website
Express declaration by the claimant that the use of the contents has been carried out without the consent of the owner of the rights allegedly infringed.
LINKS 6.1. LINKS TO OTHER WEBSITES In the event that the Website displays links to other web pages through different buttons, links, banners or embedded content, Lily Cake informs you that these are managed by third parties, and that Lily Cake has neither the human nor technical means to be aware of and/or control and/or approve in advance all the information, content, products or services provided by other platforms to which links may be established from the Website. Consequently, Lily Cake cannot assume any type of responsibility for any aspect relating to the Website or web page to which a link may be established from the Website, in particular, by way of example, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content in general. In this regard, if Users have actual knowledge that the activities carried out through these third-party websites are illegal or contravene morality and/or public order, they must immediately notify Lily Cake so that the access link to them can be disabled, an action that will be carried out as soon as possible. In any case, the establishment of any type of link from the Website to another external website does not imply that there is any type of relationship, collaboration or dependency between Lily Cake and the person responsible for said external website. 6.2. LINKS TO LILY CAKE'S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS Lily Cake makes available to Users, through different tools and applications, links that allow Users to access the channels and pages of the Website that it maintains on different platforms and social networks owned and/or managed by third parties (e.g. Twitter, Facebook, etc.). The inclusion of these links on the Website is solely intended to facilitate Users' access to said channels on the different platforms and social networks. The establishment of these applications does not imply the existence of any relationship between Lily Cake and the owner, manufacturer or distributor of the linked Website, nor the acceptance and approval by Lily Cake of its contents and/or services, the owner, manufacturer or distributor being the only party responsible for them. The activation and use of these applications may involve the identification and authentication of the User (login/password) on the corresponding platforms, completely external to the Website and outside the control of Lily Cake. By accessing these external networks, the User enters an environment not controlled by Lily Cake, so Lily Cake will not assume any responsibility for the security configuration of said environments. Since Lily Cake may have limited control over the content hosted on such channels, the User acknowledges and agrees that Lily Cake assumes no responsibility for the content or services that the User may access on such pages, or for any content, products, services, advertising, or any other material available on such pages. 6.3. LINKS ON OTHER WEB PAGES TO THE WEBSITE Lily Cake does not authorize the establishment of a link to the Website from those pages that contain materials, information or content that is illicit, illegal, degrading, obscene and, in general, that contravenes the law, morality or public order, or generally accepted social norms. In any case, Users may establish links that direct to the Website, provided that they comply with the following conditions:
The link may not reproduce the content of the Website or parts thereof in any way.
You are not permitted to create a browser or border environment over sections of the Website, nor may you otherwise modify the Website.
It is not permitted to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, to declare or imply that Lily Cake has authorized the link or that it has supervised or assumed in any way the contents or services offered or made available on the website on which said link is established.
The website that establishes the link to the Website shall not contain information or content that is illegal, contrary to morality and generally accepted good practices and public order, nor shall it contain content that is contrary to any third party rights, including intellectual or industrial property rights and/or the right to honour, personal or family privacy or one's own image or any other right, or content that is contrary to the regulations governing the protection of personal data. Lily Cake does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website. Lily Cake does not assume any type of responsibility for any aspect related to the website that establishes this link to the Website, specifically, by way of example and not limitation, regarding its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
RULES FOR USE OF THE WEBSITE Access to or use of the Website for illegal or unauthorized purposes, whether for profit or not, is not permitted and, therefore, the User shall be solely responsible for any consequences. In particular, and without the following list being exhaustive, the following is prohibited:
Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party
Use the Website to transmit, install or publish any virus, malicious code or other harmful programs or files
Using the Website to collect personal data from other Users
Using the Website illegally, contrary to good faith, morality and public order
Registering through the Website with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other Users about the User's identity
Gaining unauthorized access to any section of the Website, to other systems or networks connected to the Website, to Lily Cake's servers, or to the services offered through the Website, by means of hacking or falsification, password mining or any other illegitimate means
Take any action that imposes a disproportionately large or unnecessary load on the Website infrastructure or Lily Cake's systems or networks, or any systems or networks connected to the Website;
Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation of those, or falsifying the result of the same and/or using fraudulent participation methods, through any procedure, and/or through any practice that attempts or violates this Legal Notice.
Failure by the User to comply with any of the above obligations may result in Lily Cake taking appropriate measures under the law and in the exercise of its rights and obligations, which may lead to the deletion or blocking of the account of the offending User, without any possibility of compensation for any damages caused.
RESPONSIBILITIES Lily Cake cannot guarantee the reliability, usefulness or veracity of all the information and/or services and content of the Website, nor the usefulness or veracity of the documentation made available through it. Consequently, Lily Cake does not guarantee and is not responsible for:
The continuity of the contents, services and/or functionalities of the Website
The absence of errors in said contents
The absence of viruses or other harmful components on the Website or on the server that supplies it
The invulnerability of the Website or the impossibility of violating the security measures adopted for it
The lack of usefulness or performance of the contents of the Website
Any damage or harm caused to themselves or a third party by any person who violates the conditions, rules and instructions established by Lily Cake, or through the violation of security systems.
However, Lily Cake declares that it has taken all necessary measures, within its capabilities and the state of the art, to ensure the operation of the Website and to minimize system errors, both from a technical point of view and in terms of the content published on the Website. Lily Cake does not guarantee the legality, reliability, or usefulness of the content provided by third parties through the Website. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law, or that could constitute an infringement of the rights of third parties, the User must immediately notify Lily Cake so that it can take appropriate measures. Lily Cake will not be responsible for the veracity, integrity or updating of the information published on the Website from sources other than the Website, nor for the information contained on other platforms linked from the Website. Lily Cake will not assume any liability for any hypothetical damages that may arise from the use of the aforementioned information. Lily Cake shall not be liable for causes beyond its control, including, but not limited to, force majeure, internet access problems, technological problems beyond the diligent and reasonable management of Lily Cake, actions or omissions of third parties, etc. In all of the aforementioned cases, beyond the control and due diligence of Lily Cake, there shall be no compensation from Lily Cake to the User for damages or losses, to the extent permitted by current legislation.
SUSPENSION OF THE WEBSITE Lily Cake reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, hosting and/or downloading of the content and/or use of the services of the Website, with or without prior notice, to Users who contravene any of the provisions detailed in this Legal Notice, without the User being able to demand any compensation for this cause.
DATA PROTECTION In accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights, all personal data collected during the use of the Website will be treated in accordance with the provisions of the Privacy Policy, which all Users must expressly accept if they provide personal data through the Website.
GENERAL PROVISIONS The headings of the different clauses are for information purposes only and will not affect, qualify or expand the interpretation of this Legal Notice. Likewise, Lily Cake may modify the conditions stipulated herein, in whole or in part, by publishing any change in the same way as this Legal Notice appears or through any type of communication addressed to the Users. The temporary validity of this legal notice therefore coincides with the time of its display, until it is modified in whole or in part, at which time the modified legal notice will become effective. Lily Cake may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility for the User to demand any compensation. After such termination, the prohibitions on the use of the contents set forth above in this Legal Notice will continue to apply. In the event that any provision of this Legal Notice is declared null or unenforceable, in whole or in part, by any competent Court, Tribunal or administrative body, such nullity or unenforceability shall not affect the remaining provisions of this Legal Notice. The non-exercise or execution by Lily Cake of any right or condition contained in this legal notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by Lily Cake.
APPLICABLE LEGISLATION AND COMPETENT JURISDICTION Current regulations will determine the laws that must govern and the jurisdiction that must hear the relations between Lily Cake and the Users of the Website. However, whenever such regulations provide the possibility for the parties to submit to a specific jurisdiction, for any dispute arising from or related to the Website, the Spanish legislation in force at the time of the events will apply. Likewise, Lily Cake and the Users, expressly waiving any other jurisdiction that may apply to them, submit to the Courts and Tribunals of the city of Barcelona (Spain). To submit complaints regarding the use of our services, you can send an email to the following address: info@lilycake.es committing ourselves to always seek an amicable solution to the conflict.