Captive Portal.
Conditions of use
- The purpose of these conditions of use is to regulate the use of the WiFi access services, whose ownership corresponds to Hesperia World S.L.U., (hereinafter “Hesperia”), with NIF B-67301242, and with address at Avenida Mare de Déu de Bellvitge, number 3, 08907 l’Hospitalet de Llobregat (Barcelona), and to establish the conditions of access to the contents and services that are available to the user through the Internet.
- The duration of the service shall be limited to the time for which the user is connected to the WiFi services.
- The user must provide his own device to access the Internet. Hesperia does not directly provide technical or technological assistance or power supply.
- By accessing this service, the user declares that he/she has read, understood and expressly accepts these conditions of use.
- Hesperia has limited bandwidth for Internet access, so the speed of access and reliability of the service may vary or even be impossible to access the Internet depending on numerous factors beyond Hesperia’s control, such as, but not limited to, the capacity of your device, the quality of the WiFi signal depending on the location from which you intend to connect, and the number of users connected simultaneously. Hesperia does not guarantee access to the Internet at all times, nor does it guarantee continuous, secure or fault-free access to the Internet. Likewise, it accepts no responsibility if access is unstable, insecure, slow or unavailable. Therefore, Hesperia declines any liability that may arise from the foregoing.
- The user declares to be over eighteen years of age. In order to use this service, minors must be authorised by their legal guardians. Hesperia informs these guardians that this service provides free and transparent access to the Internet, which may involve access to content or services that may not be appropriate or that may be prohibited for minors. Therefore, it is the sole and exclusive responsibility of the aforementioned guardians to control and decide on the content or services suitable for the minors in their care.
- The user also acknowledges that the use of WiFi service implies the existence of potential risks. You therefore undertake to exercise caution when transmitting or accessing sensitive data (your own or others’), such as, for example, bank details, personal information or passwords. Hesperia declines any liability that may arise from this to the extent permitted by law.
User obligations
- The user commits to (i) use this service diligently and correctly and (ii) not to use it for acts contrary to law, morality, custom and/or for purposes that are unlawful, prohibited or detrimental to the rights and interests of third parties, as well as to (iii) not make any type of use that may damage, render useless, overload, deteriorate or impede the normal use of the service and the contents accessible through the Internet. Hesperia declines any liability that may arise from this to the extent permitted by law.
- By way of example, it is not allowed to exchange content that includes (i) material that infringes copyright or any other intellectual or industrial property right, (ii) offensive material, (iii) material advocating hatred, terrorism, xenophobia, racism, homophobia or other unlawful conduct, (iv) pornographic material of any kind, (v) material that is threatening, defamatory or incites violence, and (vi) illegal or unlawful content of any nature.
- Furthermore, also by way of example, the user undertakes to (i) not to use, transmit or disseminate language that is defamatory, threatening or contrary to the right to honour, personal or family privacy or the self-image of natural and legal persons, (ii) illegally or without authorisation gaining unauthorised access to systems or networks belonging to another person or attempting to overcome security measures on another person’s system (hacking), (iii) take any action that could be used as a basis for an attack on a system (e.g. port scanning), (iv) distributing viruses, worms and/or Trojan horses via the Internet or any other destructive activity, (v) distribute information on the creation or transmission of viruses, worms and/or Trojan horses, saturation, mailbombing or denial of service attacks; (vi) crear o gestionar bootnets, (vii) engaging in activities that disrupt or interfere with the effective use of other people’s network resources or engaging in spamming, (viii) make fraudulent use of the IP address provided for each access, or (ix) take any other action that is contrary to, undermines or infringes fundamental rights and public freedoms.
- Hesperia reserves the right to suspend and/or block the service immediately and without prior notice in the event of detecting any use of the service in breach of the provisions of these conditions.
Responsibilities
- The user accepts and acknowledges that access to and use of this service is at the user’s sole responsibility. Hesperia assumes no responsibility whatsoever for the uses made by the user of this service, nor for the data or information transferred. Likewise, any kind of guarantee or liability for the use of the portal, services and contents is excluded. By way of example, Hesperia’s disclaimer of liability includes any liabilities arising from (i) information transmitted by users through the channel provided by this service, (ii) damages of any kind that may be due to the improper use of this service, (iii) the making by users of unauthorised access to protected Internet sites, using any technique, including, but not limited to, hacking and cracking, (iv) damages of any nature that may be due to the knowledge that third parties may have of the use of the Internet that the user may make or that may be due to the access and, where appropriate, the interception, elimination, alteration, modification or manipulation of the contents and communications that users transmit, disseminate, store, make available, receive, obtain or access through the service.
Applicable law and jurisdiction
- These terms of use are governed by Spanish law.
- The parties, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of the city of Barcelona (Spain).