Conditions of access and use of the MOMO ARCHERY web pages

MOMO ARCHERY is a registered trademark of TOTAL PEEP SL

TOTAL PEEP SL (hereinafter MOMO ARCHERY), with CIF B71394316 and registered office at Paseo Santa Lucia 26 2º A, Pamplona (Navarra), and registered in the Commercial Registry of Navarra, Volume 1975, Book 0, Folio 54, Section 8, Page NA39357, informs visitors (hereinafter User/s) of the Internet pages or websites relating to MOMO ARCHERY products and its ownership (hereinafter websites), of the conditions of use (Terms of Use) applicable to access and navigation through the websites applicable to Users who access or use the services, applications, tools and, in general, the contents included therein (hereinafter services or contents).

This document, without prejudice to the particularities indicated therein, is accepted by Users by simply accessing the websites.

1. Quality.

MOMO ARCHERY informs Users that it will make its best efforts to achieve the best possible quality, taking into account the state of technology. Notwithstanding the foregoing, MOMO ARCHERY declines any liability in the event of interruptions or malfunctions of the services or content offered on the Internet, whatever the cause. Likewise, MOMO ARCHERY is not responsible for network outages, business losses as a result of such outages, temporary power outages or any other type of indirect damage that may be caused to Users for reasons beyond the control of MOMO ARCHERY.
MOMO ARCHERY may temporarily or permanently suspend services or content for reasons of updating, maintenance, repair of its systems or for business reasons.
MOMO ARCHERY is not responsible for failures and/or damages arising from the incompatibility of MOMO ARCHERY's services or content with other services or content or computer programs with which it is not specifically interoperable. In any case, the configuration and capacity of the Users' equipment to browse the websites as well as to use the services and content offered therein must be sufficient to allow the correct use of the services, with the User being responsible for the complete and correct installation of any content that may be downloaded from said websites.

2.- Users' responsibility for use and content.

Both access to the websites and the use that may be made of the information and content included therein will be the exclusive responsibility of the person doing so.

Therefore, any use that may be made of the information, images, content and/or products offered and accessible through it will be subject to applicable national or international law, as well as the principles of good faith and lawful use by Users, who will be entirely responsible for such access and correct use.
Users are required to make reasonable use of the services or content, in accordance with the principle of good faith and with respect for current legislation, morality, public order, good customs, the rights of third parties or of MOMO ARCHERY itself, all in accordance with the possibilities and purposes for which they are designed. MOMO ARCHERY assumes no liability, whether direct or indirect, for consequential damages or loss of profits arising from the misuse of the services or content by Users or third parties. The User agrees to use the services or content exclusively for personal use, and not to directly or indirectly exploit them commercially.
Access to the services or content is the sole responsibility of the Users. In the case of minors or incapacitated persons, this is the sole responsibility of their parents, representatives or legal guardians, who must accompany, supervise or take appropriate precautions during their navigation on the web pages.
As a general rule, any type of activity that may be detrimental to MOMO ARCHERY or third parties is prohibited. MOMO ARCHERY shall in no case be liable for any information, images, references or content that is communicated, hosted, transmitted or displayed through the services or content offered by MOMO ARCHERY beyond its control.
The use of the MOMO ARCHERY web pages for illegal or unauthorized purposes is strictly prohibited, and in particular, but not limited to: any form of violation of the rights of third parties regarding their privacy, honor, personal image, confidentiality in communications, intellectual and industrial property or protection of personal data.

Likewise, Users undertake not to publish, disclose, announce, refer to or distribute any material, matter or information with illegal, obscene, pornographic, abusive, defamatory, misleading, racist, immoral or contrary to public order content, as well as not to introduce any type of computer virus, defective files, or any other software or computer program that may cause damage or unauthorized alterations to the content, programs or systems accessible through the websites; alter or intervene through fraudulent means, personal web pages or emails of other Users without due authorization, as well as send massive and/or repetitive emails, and send email addresses of third parties without their consent. Users may also not use in an improper or inappropriate manner, with respect to normal operation and purpose, those services or content that may be provided by MOMO ARCHERY such as chats, newsgroups, forums, etc.
In the event of non-compliance with the provisions set forth herein, MOMO ARCHERY may, without giving rise to any compensation, remove illegal content from its web pages. MOMO ARCHERY may act in this regard, both at its sole and exclusive discretion, and at the request of an affected third party, all in accordance with current legislation.

In particular, and without prejudice to the foregoing, Users agree to comply with all applicable local, state, national and international regulations and are solely responsible for all acts or omissions that occur in connection with their account, registration or password, including the content of their transmissions through the services or content. By way of example, and without being exhaustive, Users agree to refrain from the following actions, without prejudice to the fact that they will be fully responsible for them:

- Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk mail, spamming, or any other duplicative or unsolicited messages (commercial or otherwise).

- Creating a false identity for the purpose of deceiving third parties regarding the identity of the sender or the origin of the message.

- Defame, insult, harass, stalk, threaten or otherwise infringe the rights of third parties (such as the right to privacy or one's own image).

- Publish, distribute or disseminate any inappropriate, sacrilegious, defamatory, illicit, obscene, indecent, racist, violence-inducing or illegal information or material.

- Advertise or offer the sale or purchase of any products or services.

- Collect or otherwise gather information about third parties, including their email addresses, without their consent, or provide third parties with email addresses of others.

- Use, download or otherwise copy, or provide (whether free of charge or not) to a person or entity other than a User of the Services or Content, any directory of Users of the Services or Content or any other information relating to Users or their use outside the context of normal use in accordance with these Terms of Use.

- Attempt to gain unauthorized access to the services or content, other accounts, computer systems or networks connected to these, through automated password searches or by other means.

- Violate any applicable laws or regulations, including but not limited to laws governing the transmission of technical data or software exported from the European Union.

- Interfere with the use or enjoyment of the services or content by other Users or with the use or enjoyment of similar content by other persons or entities.

- Carry out any action on the websites that involves the transmission of any harmful, damaging or simply unsolicited program.

MOMO ARCHERY shall have no obligation to monitor the Service or any user's use of the Service or to retain the contents of any user session. However, and without prejudice to the foregoing, MOMO ARCHERY reserves the right to monitor, review, retain and/or disclose at any time any information that may be necessary to comply with any applicable law or regulation, legal process or administrative request.

3. Prohibition of nuisance and damage.

MOMO ARCHERY will, when technically possible, immediately cancel or block any registration of Users of the websites under the responsibility of MOMO ARCHERY when it reasonably considers that said registration transmits or is in any other way related to any unsolicited bulk or annoying email message and, to the extent of its possibilities, when requested by the recipient User of the MOMO ARCHERY websites without prejudice to the full compensation of any damages caused to MOMO ARCHERY and to third parties.

4.- Intellectual and industrial property.

The content provided by MOMO ARCHERY as well as the content posted on the Internet through its web pages constitute a work within the meaning of intellectual property legislation and are therefore protected by the applicable international laws and conventions on the subject. Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of public exploitation of the web pages, their content and information, is prohibited without the express prior consent of MOMO ARCHERY.

Consequently, all content displayed on the different websites and in particular, designs, texts, graphics, logos, icons, buttons, software, trade names, brands, industrial drawings or any other signs susceptible to industrial and commercial use are subject to intellectual and industrial property rights of MOMO ARCHERY or third parties who own them and have duly authorized their inclusion on the different websites.

Thus, the content, images, contents, forms, opinions, indexes and other formal expressions that form part of the web pages, as well as the software necessary for their operation and visualization, also constitute a work in the sense of Copyright and are, therefore, protected by the international conventions and national legislations on intellectual property that are applicable. Failure to comply with the above implies the commission of serious illegal acts and their sanction by civil and criminal legislation.

Any act by virtue of which Users of the services or content may exploit or make commercial use, directly or indirectly, in whole or in part, of any of the content, images, forms, indexes and other formal expressions that form part of the web pages without prior written permission from MOMO ARCHERY is prohibited. Specifically, and without being exhaustive, any acts of reproduction, distribution, exhibition, transmission, retransmission, broadcast in any form, storage on physical or logical media (for example, diskettes or computer hard drives), digitalization or making available from databases other than those belonging to MOMO ARCHERY or authorized by MOMO ARCHERY, as well as their translation, adaptation, arrangement or any other transformation of said opinions, images, forms, indexes and other formal expressions that are made available to Users through the services or content are prohibited, insofar as such acts are subject to the applicable legislation on intellectual or industrial property or image protection.

MOMO ARCHERY is free to limit access to the websites and the products and/or services offered therein, as well as the subsequent publication of opinions, observations, images or comments that Users may send via email. MOMO ARCHERY may, in this regard, establish, if it deems appropriate, without prejudice to the sole and exclusive responsibility of the Users, the necessary filters in order to prevent content or opinions considered to be racist, xenophobic, discriminatory, pornographic, defamatory or which in any way encourage violence or the dissemination of clearly illicit or harmful content from being posted on the Internet through its websites. Given the high number of emails received, and depending on the regulations applicable at any given time, this effort by MOMO ARCHERY will be carried out in accordance with reasonable criteria, since it is practically impossible to control the current content of the services offered at all times.

In accordance with the provisions of the preceding paragraph, MOMO ARCHERY is also authorized to proceed with the modification or alteration of such observations, opinions or comments, in order to adapt them to the editorial format needs of the web pages, without this being understood as any type of infringement of any of the moral rights of copyright that the Users may hold over them.

Any technical, logical or technological resources by virtue of which a third party may benefit, directly or indirectly, with or without profit, from all and each of the contents, forms, indexes and other formal expressions that form part of the web pages, or from the effort carried out by MOMO ARCHERY for its operation, are prohibited. Specifically, any link, hyperlink, framing or similar link that may be established in the direction of the MOMO ARCHERY web pages without the prior, express and written consent of MOMO ARCHERY is prohibited. Any violation of the provisions of this point will be considered as an infringement of the legitimate intellectual property rights of MOMO ARCHERY over the web pages and all their contents.

MOMO ARCHERY will not assume any responsibility for the consequences arising from the aforementioned conduct and actions, nor will it assume any responsibility for the content, services, products, etc. of third parties that may be accessed directly or through banners, links, hyperlinks, framing or similar links from the MOMO ARCHERY websites.

5. Disclaimers and Limitations of Liability.

The information and services included or available through the web pages may include inaccuracies or typographical errors. Changes are periodically incorporated into the information contained. MOMO ARCHERY may introduce improvements and/or changes to the services or content at any time.

MOMO ARCHERY does not represent or guarantee that the services or content will be uninterrupted or error-free, that defects will be corrected, or that the service or the server that makes it available are free of viruses or other harmful components, without prejudice to the fact that MOMO ARCHERY makes its best efforts to avoid such incidents. MOMO ARCHERY does not guarantee or declare that the use or the results of the use of the services or content will be correct, accurate, timely or otherwise reliable. In the event that the User makes certain decisions or performs certain actions based on the information included in any of the websites, it is recommended that the information received be verified with other sources.

Users expressly agree that MOMO ARCHERY shall not be liable for unauthorized access to or alteration of their transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through its websites. Users agree that MOMO ARCHERY is not responsible for any conduct or content that is not MOMO ARCHERY's own, nor shall it be liable for information, statements, or opinions expressed by other Users, or when these contain threatening, defamatory, obscene, offensive or illegal content of any third party or any infringement of third party rights, including intellectual property rights. Users also agree that MOMO ARCHERY is not responsible for any content sent, used and/or included in the services by any third party.

MOMO ARCHERY does not guarantee the suitability, reliability, availability, timeliness and accuracy of the services or content for any purpose.

MOMO ARCHERY shall not be liable for any direct, indirect or other damages, including, but not limited to, damages for loss of use, data or profits, arising out of or in connection with the use of the services or websites or any delay or inability to use the service, whether MOMO ARCHERY's liability is based on contract, tort, negligence, strict liability or any other type, even if MOMO ARCHERY has been advised of the possibility of damages by particular third parties.

6. Compensation.

Users shall indemnify and hold MOMO ARCHERY, its directors and employees, harmless from any claim, demand or damage, including reasonable attorneys' fees, brought by any third party due to their use or conduct while browsing the websites.

7. Modifications to the Terms of Use.

MOMO ARCHERY reserves the right to modify these conditions of use at any time.

8. Communications with MOMO ARCHERY

Any incidents regarding the operation and quality of the service, as well as any other issues that may arise with the provision of the service, must be addressed in writing to MOMO ARCHERY, at the address indicated above, and presented within one month from the moment in which the fact that motivates them becomes known.

We also provide you with the address info@momoarchery.com in case you prefer to contact us by email.

9. General.

All rights to the websites are protected by copyright ©. All rights reserved, and therefore, their content belongs solely and exclusively to their author. Access to this material shall in no way constitute a license for its reproduction and/or distribution, which shall in any case be prohibited unless prior and express consent is granted by MOMO ARCHERY. Access to the websites implies acceptance of these conditions of use.

The applicable legislation is Spanish. The use of the services or content is prohibited in all jurisdictions that do not recognize the effectiveness of these conditions of use. Access to the content of the MOMO ARCHERY web pages does not create between the Users and MOMO ARCHERY an association, partnership, employment relationship or agency of any kind. Likewise, unless expressly indicated otherwise, a supplier-client relationship will not be established since, except in specific situations of use, the services or content are free of charge. Nothing in these conditions of use will prevent MOMO ARCHERY from complying with any administrative, judicial or legal requirements relating to the use that the Users make of the services or content.

NOTICE TO MINORS.

If you are a minor, you will be interested to know that:

MOMO ARCHERY recommends that you inform your parents or guardians before beginning to browse the Internet.

Although MOMO ARCHERY will not verify whether your data is true, before using any MOMO ARCHERY service or content, we recommend that you discuss it with your parents or guardians, as they will be able to explain the Privacy Policy to you and you will be able to participate with them in all the possibilities of the MOMO ARCHERY websites.

In particular, if you are going to register, please consult with your parents or guardians so that they can contact us if they wish.

NOTICE TO ADULTS.

Without prejudice to the provisions of the Legal Notice, as parents, representatives or legal guardians, you will be responsible for your minor children or those under your guardianship accessing the services or content of MOMO ARCHERY, so we recommend that you accompany, supervise or take appropriate precautions (rules on computer usage time, location of the computer in a common area of ​​the house, etc.) while your children are browsing the web pages.

Although MOMO ARCHERY will not carry out checks on the veracity of the data, in the event of such actions, it recommends that you supervise the registration process of your children or wards. Where appropriate, MOMO ARCHERY will manage requests arising from the exercise, by parents or guardians, of the rights of access, cancellation, rectification and opposition of the data of minors or incapacitated persons, without prejudice to the fact that you may contact us to make any warnings you consider appropriate.

In addition to the above, we remind you that some browsers allow you to modify their settings so that children or other people cannot access certain pages. We still recommend that you attend browsing as certain websites may not have been classified.