Legal Advice

LEGAL NOTICE AND GENERAL TERMS OF USE

pokhara.tv

I. GENERAL INFORMATION

In compliance with the duty to provide information set out in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general information data about this website are provided below:

The ownership of this website, pokhara.tv, (hereinafter, the Website) is held by: GRUPO EMPRESARIAL POKHARA S.L., holding NIF: B83974295, whose representative is: Andres, and whose contact details are:

Address: C\ Plomo 39. Pol. Ind. Antonio del Rincón. 45222. BOROX. TOLEDO. MADRID. SPAIN

Contact telephone: 925 527 443

Contact email: pokhara@pokhara.tv

II. GENERAL TERMS AND CONDITIONS OF USE

The purpose of the conditions: The Website

The purpose of these General Terms of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both in static and dynamic form, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources that it may offer to Users where applicable (hereinafter, Services).

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

Access to the Website by the User is free and, as a general rule, free of charge, without the User having to provide any consideration to be able to enjoy it, except with regard to the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

Apart from the cost of connection through the telecommunications network supplied by the access provider, contracted by the User, some of the Contents or Services offered by Pokhara or, where applicable, third parties through the Website may be subject to the prior contracting of the Content or Service, in which case it will be clearly specified and/or the corresponding General or Particular Conditions governing it will be made available to the User.

The use of some of the Contents or Services of the Website may be carried out through the prior subscription or registration of the User.

The use of the Contents does not require any prior subscription or registration.

The User

Access, navigation and use of the Website, as well as of the spaces enabled for interaction between Users, and between the User and Pokhara, such as comments and/or blogging spaces, confer the status of User, whereby all the Conditions established here, as well as their subsequent modifications, are accepted from the moment navigation on the Website begins, without prejudice to the application of the corresponding mandatory legal regulations depending on the case. Given the relevance of the above, the User is recommended to read them each time they visit the Website.

The Pokhara Website provides a wide variety of information, services and data. The User assumes their responsibility to make correct use of the Website. This responsibility shall extend to:

  • Use of the information, Contents and/or Services and data offered by Pokhara without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may entail injury to the rights of third parties or to the operation of the Website itself.
  • The truthfulness and lawfulness of the information provided by the User in the forms available on Pokhara for access to certain Contents or Services offered by the Website. In any case, the User shall immediately notify Pokhara of any event that allows the improper use of the information registered in said forms, such as, but not limited to, the theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

Pokhara reserves the right to remove all those comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, order or public safety or that, in its judgment, are not suitable for publication.

In any case, Pokhara will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.

Mere access to this Website does not imply establishing any type of commercial relationship between Pokhara and the User.

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Conditions. Therefore, this Pokhara Website is not directed at minors. Pokhara disclaims any responsibility for non-compliance with this requirement.

Always in compliance with the legislation in force, this Pokhara Website is directed at all people, regardless of their age, who may access and/or navigate the pages of the Website.

The Website is directed mainly at Users residing in . Pokhara does not ensure that the Website complies with the legislation of other countries, either totally or partially. If the User resides or is domiciled elsewhere and decides to access and/or navigate the Website, they will do so under their own responsibility, and must ensure that such access and navigation complies with the local legislation applicable to them, with Pokhara assuming no responsibility that may arise from such access.

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

Pokhara does not guarantee the continuity, availability and usefulness of the Website, nor of the Contents or Services. Pokhara will do everything possible for the proper functioning of the Website, however, it is not responsible for nor does it guarantee that access to this Website will be uninterrupted or free of error.

Nor is it responsible for or does it guarantee that the content or software that may be accessed through this Website is free of error or does not cause damage to the User’s computer system (software and hardware). In no case will Pokhara be responsible for the losses, damages or harm of any kind that arise from the access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Pokhara is also not responsible for any damage that may be caused to users by inappropriate use of this Website. In particular, it is in no way responsible for the outages, interruptions, lack or defect of telecommunications that may occur.

IV. LINKING POLICY

It is reported that the Pokhara Website makes or may make available to Users linking means (such as, among others, links, banners, 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 the information available on the Internet, and cannot be considered a suggestion, recommendation or invitation to visit them.

Pokhara does not offer or market by itself or through third parties the products and/or services available on said linked sites.

Pokhara offers sponsored content, advertisements and/or affiliate links. The information appearing in these affiliate links or the inserted advertisements is provided by the advertisers themselves, so Pokhara is not responsible for possible inaccuracies or errors that the advertisements may contain, nor does it in any way guarantee the experience, integrity or responsibility of the advertisers or the quality of their products and/or services.

Likewise, it will not guarantee the technical availability, accuracy, truthfulness, validity or legality of sites outside its ownership that may be accessed through the links.

Pokhara will in no case review or control the content of other websites, nor does it approve, examine or make its own the products and services, contents, files and any other material existing on the referred linked sites.

Pokhara assumes no responsibility for the damages that may occur from the access, use, quality or lawfulness of the contents, communications, opinions, products and services of the websites not managed by Pokhara and that are linked on this Website.

The User or third party who creates a hyperlink from a web page of another, different, website to the Pokhara Website must be aware that:

The reproduction —total or partial— of any of the Contents and/or Services of the Website is not permitted without the express authorization of Pokhara.

Nor is any false, inaccurate or incorrect statement about the Pokhara Website permitted, nor about its Contents and/or Services.

With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website protected as intellectual property by the Spanish legal system, except with the express authorization of Pokhara.

The establishment of the hyperlink will not imply the existence of relationships between Pokhara and the owner of the website from which it is created, nor the knowledge and acceptance by Pokhara of the contents, services and/or activities offered on said website, and vice versa.

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

Pokhara, by itself or as an assignee, is the owner of all the intellectual and industrial property rights of the Website, as well as of the elements contained therein (by way of example and not exhaustively, 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.). They will therefore be works protected as intellectual property by the Spanish legal system, with both the Spanish and Community regulations in this field, as well as the international treaties on the matter subscribed by Spain, being applicable to them.

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

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

In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of intellectual property protection rights, they must immediately notify Pokhara through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Terms of Use.

VI. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION

Pokhara reserves the right to bring the civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for the breach of these Conditions.

The relationship between the User and Pokhara shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their conflicts to the ordinary jurisdiction, submitting to the judges and courts that correspond according to law.