JT International Iberia, S.L.U. (“JTI”), bearing Spanish Tax ID (NIF) number B-81591265 having its registered offices at Paseo de la Castellana, no. 66, 1st floor, 28046, Madrid, and registered with the Commercial Registry of Madrid, at Volume 40331, Folio 88, Section 8, Page M-182155, is the owner of the Ploom Crew platform, which can be found at www.ploomcrew.es (the “Platform”) and which provides access to JTI information and services (the “Contents”).
This Legal Notice (the “Legal Notice”) sets forth the terms and conditions governing the use of the Contents that JTI makes available to users through the Platform. The Privacy Policy governs various aspects relating to the processing of users’ personal data in connection with the use of the Platform. You can find further information on the use of cookies in the Cookie Policy.
Access to and use of the Platform implies that the user of the Platform (the “User” or “Users”) accepts in its entirety and agrees to comply fully with this Legal Notice, the Privacy Policy, the Cookie Policy, and any and all instructions or recommendations that may be indicated from time to time through the Platform.
Access to the Platform is free of charge, except for the cost of connection through the telecommunications network provided by the User's choice of Internet service provider.
The User assumes full responsibility and liability for the proper use of the Platform, with this including any log-in or account creation processes that may prove necessary to access certain services or contents. In this regard, the User will be responsible for providing truthful and lawful information. The User agrees to make appropriate use of the Contents that JTI offers through the Platform, undertaking, without limitation, not to use such Contents to:
• engage in fraudulent, illicit or illegal activities or those that violate the principles of good faith and public order;
• disseminate contents or propaganda of a racist, xenophobic, illegally pornographic, terrorist or anti-human rights nature;
• cause damage to the hardware and software systems of JTI, its suppliers or third parties, or introduce or spread computer viruses or any other hardware or software systems capable of causing such damage;
• engage in any conduct that might tarnish the reputation or harm the interests and rights of JTI or any third parties;
• attempt to access and, as the case may be, use the email accounts of other users and modify or manipulate their messages;
• erase, evade or otherwise manipulate the copyright and other data identifying the ownership rights incorporated into the Contents of the Platform, as well as technical protection devices, or any information mechanisms that such Contents may include;
• perform any action with the intent to damage, disable or overload the Platform or in any way prevent the normal use and operation thereof.
Accordingly, the User will be solely responsible and liable before JTI and third parties for:
• Any and all consequences arising from the unlawful use, or any use that breaches the terms of this Legal Notice, of any content on the Platform produced by JTI or any third party.
• The consequences arising from any use contrary to the terms of this Legal Notice or harmful for the interests or rights of third parties, or which in any way damages, disables or impairs the Platform or its Contents or prevents the normal enjoyment of the same by other Users.
JTI reserves the right to take down any comments or contributions that are considered to breach the principle of respect for the dignity of any person, that are considered discriminatory, xenophobic, racist, pornographic, that violate the rights of children and young people, that run contrary to public order and safety, or that, in JTI’s opinion, are otherwise unsuitable for publication because they bear no relationship to the objectives pursued. JTI, as administrator of its Platform, shall always act with the utmost diligence upon becoming aware of any activities committed in breach of this Legal Notice.
JTI reserves the right to make, at any time and without prior notice, changes and updates to the Platform and its contents, layout and presentation, including this Legal Notice. Therefore, we advise you to read this Legal Notice each time before you enter and browse the Platform. JTI shall post this Legal Notice in a visible place, which you may then view and read as often as you wish.
In the event of any breach of this Legal Notice or if JTI has reason to suspect that any such breach is occurring, JTI reserves the right to limit, suspend or terminate access to the Platform by the User, via any technical means deemed necessary for that purpose. JTI likewise reserves the right to decide, at any time, on whether or not to take down any Contents offered through the Platform.
The Platform includes hyperlinks (links), allowing the User to access other websites and portals that are not owned by JTI (“Linked Sites”).
In all such cases, JTI accepts no responsibility for the contents and services provided on the Linked Sites if it has no actual knowledge that the activity or information referred to or recommended through its links is illegal or harmful for the property or rights of any third party for which compensation may be claimed. If JTI becomes aware of these circumstances, it will not be held liable insofar as it acts diligently to delete or disable the relevant link or information.
Under no circumstances does the existence of Linked Sites imply that JTI has actual or purported knowledge of the services and contents found on those sites if they happen to be illegal, nor that it has necessarily entered into any agreement with the owners or administrators of the Linked Sites. Nor does the existence of such links imply any kind of recommendation, promotion, affinity for, or agreement by JTI with the statements, contents or services provided through the Linked Sites. The Linked Sites are not under the control of JTI and JTI is not responsible or liable for the contents included on any such site or for any changes or updates made to them (except as provided in section 5 of this Legal Notice). JTI provides these links as a mere convenience to improve the browsing experience, and the inclusion of any link does not imply JTI’s endorsement of the site. The User will be solely responsible for checking and accepting the contents, terms of use and privacy policies of the Linked Sites each time they choose to access and use them.
If any User has reason to believe that a Linked Site contains illegal or inappropriate contents, they should promptly inform JTI by email to: ploomcrew@jti.com In no event will this communication entail the obligation to remove the relevant link.
The User and, in general, any natural or legal person wishing to set up a link from their page or site to this Platform must obtain prior written authorization from JTI. Under no circumstances does the existence of any such link imply the existence of any kind of relationship between JTI and the owner of the site or page containing the link, nor the acceptance or approval by JTI of the contents or services found on such site or page.
The existence of any link from a page or site outside any of the pages of the Platform will be subject to the following conditions:
• The partial or full reproduction of Platform Contents is not permitted.
• No false, inaccurate or incorrect statement about the Platform pages and its Contents may be included.
• Under no circumstances will JTI be responsible for the contents, information, statements, opinions or services made available on any page containing a link to the Platform.
• Any link must be made to the home page of the Platform.
In any case, JTI reserves the right to prohibit or disable links to the Platform at any time, especially if the page or site featuring the link in question contains any kind of unlawful activity or content.
JTI is the owner of or has sufficient authorization to use all intellectual and industrial property rights of the Platform and the Contents, either directly or by virtue of the corresponding license from the holder of such rights. This extends also to all elements comprising the Platform (including, but not limited to, images, sound, audio, video, applications or texts, trademarks or logos, color combinations, structure and design, selection of materials, software necessary for its operation, access and use, etc.), all of which constitute works protected by applicable intellectual and industrial property law. All rights are reserved by JTI or its licensors.
To this end, the following are expressly prohibited without JTI’s prior written consent: the reproduction, transformation, distribution, public dissemination —including by making available—, extraction and/or reuse of the Platform, all or any of the Contents and/or distinctive signs of JTI for commercial purposes, in any medium and by any technical means. The User undertakes to respect JTI’s intellectual and industrial property rights.
In no event does the use of the Platform by the User imply the assignment of any intellectual and/or industrial property rights over the Platform, the Contents and/or distinctive signs of JTI. All Contents published on the Platform and, in particular, designs, texts, images, videos, graphics, logos, icons, buttons, as well as trade names, trademarks or designs and any other sign that may be put to industrial and commercial use, are subject to the intellectual and industrial property rights of JTI. Under no circumstances may it be construed that any license has been granted, or any waiver, transmission, total or partial assignment of such rights made, or any right or expectation of rights conferred, especially as regards the alteration, exploitation, reproduction, distribution or public dissemination of such contents, without the prior express written consent of JTI.
JTI applies, in compliance with current regulations on personal data protection and other applicable provisions, the appropriate technical and organizational safeguards to ensure an adequate level of security of the Platform.
In this regard, JTI ensures the sound management of its server environment by having a strictly compliant firewall infrastructure in place and continuously using up-to-date technologies to ensure that the confidentiality and privacy of information is not compromised.
The User acknowledges and agrees that they will be using the Platform at their own risk and liability at all times. Accordingly, JTI accepts no liability whatsoever for any misuse of the Platform.
JTI will be liable for any damage or loss that the user may sustain owing to the use of the Platform, insofar as such damage or loss is directly attributable to the misconduct or improper action of JTI, having proven that it has failed to comply with its legal and regulatory obligations and requirements. It is the User’s responsibility to take all appropriate technical measures to reasonably control the risks associated with open Internet browsing and to avoid any damage to their computer or device, including the risk of loss of data or theft of confidential information.
JTI accepts no liability for the following, by way of example and without limitation:
• The content of any Linked Sites accessible through links found on the Platform. In this regard, the terms set of section 3 of this Legal Notice will apply.
• Any damage or loss arising from interference, omissions, interruptions, computer viruses, faults and/or disconnections affecting the functioning of the Platform or in the devices and equipment of the User due to reasons beyond JTI’s control, which prevent or delay the provision of services or browsing via the Platform.
• Delays or interruptions affecting the use of the Platform caused by faults or overload of the Internet or other systems, or where the service cannot be provided or access granted for reasons not attributable to JTI, but due to the User, third parties or force majeure.
• Any prohibited or permitted use by the User of the materials found on the Platform in breach of the intellectual and/or industrial property rights attaching to the Platform Contents or belonging to third parties.
• The actions or omissions of third parties, regardless of whether such third parties are contractually bound to JTI.
In any case, JTI undertakes to solve any problems that may arise and to provide all necessary support to the User to reach a quick and satisfactory solution to the incident.
This Legal Notice will be governed by the laws of Spain. Any disputes that may arise between the User and JTI will be settled by the competent courts in accordance with applicable law.
JTI shall pursue all available legal avenues in response to any breach of these terms and conditions, or any misuse of the Platform.
In the event that any of the provisions contained in this Legal Notice is declared null and void, whether partially or fully, it will be withdrawn or replaced. In no event will such a finding of nullity affect the ongoing validity of the other provisions of this Legal Notice.
This Legal Notice may be updated from time to time to bring it in line with changes in the law, update our information collection and use procedures, or include new services or remove existing ones. These changes will take effect as of their publication on the Platform, so it is important that you regularly re-read this Legal Notice to stay abreast of any such changes made.