01. Welcome
Welcome to Cucumpa. These are the conditions and "Terms" to use Cucumpa website («Web»). By using or visiting this Web, your are specifically accepting to abide by these Terms and to fulfil them as well as to fulfil all the laws and regulations governing the web. Pablo Alejandro Marielli reserves the right to change these Terms at any time with immediate effect after publication of such terms in the Web. We invite you to visit this Web regularly. Should you breach these Terms of Use, Cucumpa may put an end to your use of the Web, prevent you from using it in the future, cancel your ticket orders and/or file a claim against you.
02. Use Restrictions
You agree that you are only authorized to visit, visualize and keep a copy of this Web pages for personal use only and never to duplicate, download, publish, change or circulate the Web materials with any purpose other than learning about special promotions and shows, for personal use, to purchase tickets or other promotions for your own personal use; save if Cucumpa gives you specific permission for any other purposes. You undertake not to set up links to this web under any circumstance whatsoever save if Cucumpa specifically authorizes it. Cucumpa and/or its providers own this web contents and software and it is protected by the laws of Spain. This Web pages contain a legal notice and a set of credits which should not be removed under any circumstance whatsoever. Do not remove such notice or credits, or any other additional information included in those notices and credits.
03. Legal notice
Cucumpa undertakes to provide free from errors, uninterrupted service and specific results when using this Web or any other contents, search or links to it. The Web and its contents is presented "as it is" and in its "current status of availability". Cucumpa cannot ensure that files downloaded from the Web are free from viruses, contamination or destructive features. Cucumpa does not provide any guarantee, either explicit or implicit; including implicit guarantees regarding commercial suitability and for a specific purpose. Cucumpa will be exempt from any damages whatsoever incurred into when using this Web, including but not limited to direct, indirect, punitive or consequential damages.
Cucumpa shall not be liable for any actions, omissions or behaviour coming from third party Cucumpa users, Web advertising and/or sponsoring companies regarding Cucumpa services and related in any other way with the use made of the Web and/or Cucumpa service. Any inappropriate behaviour by users and/or third party advertisers, service providers and/or products included or referred to in the Web may be reported to Cucumpa through our help online services. Cucumpa may discretionarily investigate such reporting and adopt appropriate measures.
04. Brands
Cucumpa logotypes as well as the word Cucumpa itself and any graphic work contained in this Web arePablo Alejandro Marielli registered or licensed trademarks. Cucumpa brands may only be used publically under Cucumpa specific written consent.
05. Material ownership
All Cucumpa Web material are covered by copyright and protected by worldwide Intellectual Property treaties and laws. Cucumpa materials may not be reproduced, copied, edited, published, transferred or downloaded without Cucumpa written consent. Other than the specific terms and conditions set out in the limited licence rules, Cucumpa does not grant any explicit or implicit right on any of its brands, copyrights or any other protected material.
Contents made available by Cucumpa as well as contents downloaded from its Web pages are considered a piece of work according to intellectual property law and thus they are protected by applicable international laws and conventions.
Any form of reproduction, distribution, disclosure, adaptation, availability and in general any other act of public use of this Web pages and the contents and information thereof is strictly prohibited without the Cucumpa prior and explicit consent.
Therefore, all website contents and in particular, designs, texts, graphics, logotypes, icons, buttons, software, commercial names, brands, industrial drawings or any other sign or symbol which may be used for industrial or commercial purposes use, are subject to Cucumpa intellectual and industrial property rights or the rights of third parties who may have duly authorized including such contents in the various different websites.
Contents, images, forms, opinions, table of contents and any other formal expression which is part of the Web pages, as well as the software required for the correct operation and display of such pages are also considered "work" in the sense of Copyright laws and thus, they shall be protected by applicable Intellectual Property international conventions and domestic laws. Breach of any of the above will be considered unlawful and as such prosecuted by civil and criminal laws.
Commercial use, either directly or indirectly, totally or partially of any of the contents, images, forms, table of contents and other formal expression which is part of the Web pages without Cucumpa prior written consent, is strictly prohibited.
In particular, but not limited to, it is strictly forbidden to reproduce, distribute, show, broadcast, and to make transmission or retransmission, in any form in physical or digital support, as well as digitalizing or making available from data bases other than those owned or authorized by Cucumpa; and to translate, to adapt or to arrange in any manner the opinions, images, forms, tables of contents and other formal expression made available to the users through the Web services or contents; in as much as such actions are subject to applicable Intellectual and Industrial Property or Image Protection laws.
Cucumpa may restrict access to Web pages as well as to products and/or services made available through them; and this includes further disclosure of opinions, observations, images or comments which the users may send by e-mail.
In this regard, Cucumpa may decide, if it so deems appropriate and notwithstanding the users' sole and exclusive liability, any filters required to ban from its Web pages contents or opinions which are considered racists, xenophobic, discriminatory, pornographic, defamatory or which may, in any way, encourage violence or spread clearly unlawful or detrimental contents.
Observations, opinions or comments sent by the users via a designated e-mail address to suggestions department at Cucumpa web, save for those clearly and unmistakably stating otherwise and whenever this is possible, are understood to be authorizing Cucumpa to reproduce, to distribute, to show, to broadcast in any form, to store in physical or logical support made available from Cucumpa own data base; as well as to translate, to adapt, to arrange or to make any kind of transformation in such observations, opinions or comments throughout the period legally provided for by copyrights.
Additionally users sharing observations, opinions or comments through the means made available by Cucumpa or by e-mail wave any kind of remuneration claim on such observations, opinions or comment which are understood to be given for free.
Furthermore, Cucumpa shall be entitled likewise to modify or change such observations, opinions or comments with a view to adapting them to required publishing formats for web purposes and no claim shall derived from such action with regard to copyright or any other kind of moral rights the users may be entitled to in this regard.
The use of any technical, logical or technological means allowing a third party to benefit, either directly or indirectly, with or without profit, from each and every one of the contents, forms, tables of contents and other formal expressions making up the Web pages, or from operational efforts made by Cucumpa in this respect is strictly forbidden.
Cucumpa shall not be liable for consequences derived from the above mentioned behaviours and actions and likewise, it shall not be liable for third party contents, services, products etc.. accessible from Cucumpa websites, either directly or indirectly, or through banners, links, hyperlinks, framing or any other similar. All of the above notwithstanding Cucumpa best endeavours, as soon as it becomes aware of to prevent such kind of behaviour and best diligence to remove or cancel any link referring to or recommending any unlawful activity or information; or which may be detrimental to third party assets or rights.
Cucumpa is the owner and manager of www.Cucumpa.es. None of this Web materials nor the material in any other site owned, managed, licensed to or controlled by Cucumpa maybe copied, reproduced, reedited, downloaded or published on the net, nor transmitted or distributed in any way, save for download of a copy of such materials to one single computer and for domestic, personal and non commercial use; provided copyright data and intellectual property rights notices are kept untouched. Modification of materials or the use thereof for any other purpose will be considered violation of Cucumpa copyright and intellectual property rights. In this regard, the use of such materials in any other website and in any other networked computers environment is strictly prohibited.
06. Copyright policy
Any user using this Web for the unlawful transmission of any copyright protected material without holding a licence and explicit consent; or without having good cause or being exempt for legitimate purpose, shall be deprived of his/her web user rights. In particular, users sending contents to this Web, be it articles, images, stories, software or any other material which may be copyright protected, shall ensure that the downloaded contents do not breach any copyright or third party rights (such as privacy rights or public rights). Upon receipt of notice sent by the rights holder or his agent and a court order confirmation or acknowledgement by the user himself/herself of his/her unlawful use of this Web, Cucumpa will put an end to the rights of the breaching users to use and/or have access to this Web. Likewise, Cucumpa may, to its own discretion, decide to put an end to the user's right to use or to have access to the Web, even before then, if we consider that the alleged breach has indeed occurred.
07. Links and search results
The Web may automatically produce search results referring to third party sites worldwide, or setting up links to such sites. Cucumpa has no control whatsoever on such sites or the contents thereof. Cucumpa may not assure, state or ensure that contents in the sites are exact, legal and/or harmless. Cucumpa does neither endorse nor guarantee that third party sites are free of viruses or that such contents will not affect the user's computer in any way. By using this Web to make searches or to set up links to other sites, you agree and understand that you will not be entitled to any claim against Cucumpa for damages of any kind whatsoever incurred into as a result of your use of the Web to obtain search results or to set up links to other sites. Should you have any problem with a link from the Web, please let customer service know and we will proceed to look into your claim and adopt to our discretion any precautionary measures we may deem appropriate.
08. Prohibited Contents
You undertake to use the services and contents proposed in our Website according to the Law and to Cucumpa general conditions and terms of service in force from time to time. Cucumpa shall refrain at all times to use the contents:
(a) to disclose your user name and password to unauthorized third party. Any unauthorized access and use of such data shall be immediately reported to Cucumpa.
(b) to introduce in the network software or data which may damage Cucumpa IT systems or those of its providers, or internal network and/or this Website third party users´, as well as to introduce contents entailing sending of "spam", "chain messages" and mass sending of "unwanted e-mails" or "junk mail";
(c) to perform illegal, fraudulent and/or uncivilized activities or activities which may prevent the appropriate use of the Web page, the network or its resources.
(d) to carry out activities in breach of intellectual and industrial property regulations, or any other applicable law; or to carry out activities pursuing provision of hacked software and links to it; to provide information to bypass factory installed software aimed at preventing copies, or to provided hacked music or links to files containing hacked music;
(e) to reproduce, duplicate, sell or use for commercial purposes any contents in the Website.
(f) to disseminate racist, xenophobic, pornographic or terrorism supporting contents, harassing or encouraging to harass other people and/or infringing human rights; contents which you know are not true, are misleading or contents disseminating illegal activities or abusive, threatening, obscene, defamatory or slanderous behaviours; to provide materials sexually or violently exploiting minors under the age of 18, or to solicit personal data of minor under the age of 18; or material containing restricted or exclusive access pages requiring a password; or hidden pages/images (i.e. not containing links to another accessible page or links from that same page); to provide information with instructions about illegal activities such as production or acquisition of illegal weapons; violation of people´s privacy; transmission or generation of computer viruses; to ask for people´s passwords or data with a view to have them identified for commercial purposes; or illegal purposes benefiting other people; to carry out commercial activities and/or sales without Cucumpa prior written consent , such as competitions, lotteries, swaps, advertising, exchanges and pyramidal systems.
Upon registration with Cucumpa, you will choose a password which will be later on reconfirmed to you by e-mail . Please keep your registered user personal codes and passwords in a safe place since they are private and confidential and you will be liable for the use of such codes and passwords by third parties whom you have made them available to.
09. Behaviour while disconnected
Though Cucumpa may not monitor its users´ behaviour while disconnected from the Web, the use of any information obtained from this Web with the purpose of harassing, insulting or causing damage to anyone; or with a view to contact someone, to send advertising or requests, or to sell anything to any user without his prior written consent, shall be considered violation of the above mentioned rules.
10. Commercial use restrictions
This Web may not be used by our visitors for commercial purposes of any kind, such as selling tickets, promotions or any kind of services (however you will be allowed to use JA MarketPlace for ticket resale when and if authorized). Our prior written consent will be required to make any kind of commercial proposals, whether through advertising, requests, links or any other communication means. Nonetheless, you may advertise resale tickets through JA MarketPlace provided you do so legally. We shall look into and file legal actions against anybody breaching these restrictions and these actions will include, but not limited to, removing the illegal communication from the Web and banning the use of this Web to anyone in breach of these restrictions. We reserve the right to block access to this Web or any other Cucumpa services; as well as to cancel any ticket(s) order related in any way to somebody who is effectively or within reason allegedly known to a) act illegally or in breach of these restrictions, violating Cucumpa rights or using automated means to process or accept ticket orders, or somebody whose ticket order goes beyond the declared limits. Surpassing any limits or breaching any of the Web's conditions shall be considered violation of these restrictions.
11. Access and interference
You undertake not to use any robot or automatic device, nor any manual procedure aimed at monitoring or copying our web pages or the contents thereof for any purpose other than those explicitly authorized in our prior, written consent. You undertake not to use any device, software or routine interfering or aiming at interfering with the correct use of Cucumpa web. You undertake not to carry out any action imposing an inappropriate or disproportioned load on our infrastructure. You undertake not to copy, reproduce, change, modify or create any works derived from our web, nor exhibit publically any of our web contents (save for your own personal use and without any commercial purpose) without Cucumpa explicit, prior, written consent.
12. Unauthorized use of the Web
Any illegal and/or unauthorized use of the Web, including but not limited to unauthorized sale of tickets, use of technology to frame or set up unauthorized links from and to the Web; the unauthorized use of any robot or automatic device in the Web. Should this occur, legal actions will be filed, including but not limited to civil, criminal and preventive actions.
13. Breach of these terms
You hereby agree and understand that should Cucumpa understand that user provided content breaches or does not comply with these terms of use; or breaches Cucumpa or any other user's rights or violates the law, Cucumpa may at its discretion and without prior notice, terminate your access to the Web, cancel your ticket order or carry out any other action it is entitled to and remove any users' non authorized contents. You agree that no financial compensation would be enough to make good any damages Cucumpa will incur into in case of breach of these terms and conditions of use and therefore, you agree and accept that preventive measures may be adopted against such breaches. Cucumpa may disclose your personal user data should the law so demand. Cucumpa shall not be compelled to make any refund whatsoever if your user status is terminated due to a breach of these terms of use.
14. Liability exemption
Cucumpa shall not be held liable for indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit even if Cucumpa has been given prior notice, when such damages are due to unforeseen circumstances or Acts of God.
15. Conflicts
This web is controlled and powered by Cucumpa from its Spanish office. Using this web you agree that should there be any conflict related to or affecting the Web, shall be governed by the Spanish laws. Should there be any conflict derived from or related to these terms and conditions, or your use of/ access to the Web, you hereby agree that any legal action in this regard shall be filed before the competent authorities in Valencia, regardless of the rules governing private international law affairs.
16. Compensation
You are hereby undertaking to compensate Cucumpa, its affiliates, associates, executives, agents and other collaborators and employees for any damages, liabilities, claims or demands, including reasonable attorney fees brought up by third parties and derived from or related to your use of the Web and this includes your use of the Web to facilitate links to other sites or to upload contents or data to the Web.
17. Security of data
The ticket selling system uses a secure server and state-of-art encrypting technology. A secure server ensures privacy of data transmitted on the Internet. SSL protocol guarantees such privacy.
• What is a secure server
A secure server ensures privacy of your data transmitted on the Internet. Such privacy is guaranteed by SSL protocol, the standard nowadays in the security industry. Security in Internet comes from communication between an SSL protocol supported browser and another server supporting the same protocol.
• How does SSL protocol work?
SSL protocol works very simply by encrypting data sent by you send through RSA encrypting system when located in a secure location in a browser. Your browser Netscape o Explorer works with the secure server, by encrypting data in such a way that should anyone manage to get hold of such data, reading will not be possible because a special key would be required.
• What is a security certificate
A security certificate is issued by the Certification Authority. Certificate is issued once the Certification Authority controls correct encrypting process (SSL) configuration and further to thorough check of the requesting company data. Certificate of Secure Server is issued to a business whose references have been checked in order to ensure that encrypted data reach the destination they are supposed to reach.
• Safe server
All pages requested personal data (first and last name, address, etc.) as well as pages with credit card details are secure pages. Even though you may not see the lock which should appear on the right bottom part in your browser (because are pages are split in frames and some of them like the one containing the banner on top are not secure), you may still check the security of our pages by clicking on the icon at the top of this page which guarantees a secure server and a certificate for a maximum encrypting level (1 28 bits).
• Certification of the Security of this server
Our SSL server is Thawte certified.
18. Help Menu and Customer Service
Cucumpa makes available to all users a Help menu and Customer Service section where you will find an answer to most frequently asked questions.
Do not hesitate to contact us if you need help or have any further enquiries.
We will be delighted to help you.