LAW ON INFORMATION SOCIETY SERVICES (LSSI)
MIQUEL BERNET MONTANE, responsible for this website, hereinafter the RESPONSIBLE PARTY, makes this document available to users, with the aim of complying with the obligations laid down in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all users of the website regarding the terms of use.
Anyone who accesses this website assumes the role of user, committing to the observance and strict compliance with the provisions herein, as well as any other applicable legal provision.
MIQUEL BERNET MONTANE reserves the right to modify any information that may appear on the website, without the obligation to give prior notice or inform users of such obligations, being understood as sufficient with the publication on the website of MIQUEL BERNET MONTANE.
1. IDENTIFICATION DATA
2. PURPOSE
Through the Website, Users are offered the possibility to access information about our services.
3. PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data to access certain content or services, Users shall guarantee the truthfulness, accuracy, authenticity, and validity of such data. The company shall give such data the automated processing that corresponds to their nature or purpose, as indicated in the Privacy Policy section.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
The User acknowledges and agrees that all contents displayed on the Website, including but not limited to designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs suitable for industrial and/or commercial use, are subject to Intellectual Property rights and that all trademarks, trade names or distinctive signs, all industrial and intellectual property rights on the contents and/or any other elements inserted on the page are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the course of trade. Accordingly, the User undertakes not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such content, holding the company harmless from any claim resulting from the breach of such obligations.
Access to the Website does not imply any waiver, transfer, license, or total or partial assignment of such rights unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other rights of use, HR, alteration, exploitation, reproduction, distribution, or public communication of the Website and/or its Content other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to prior and express authorization specifically granted for this purpose by the company or the third party holder of the rights concerned.
The content, texts, photographs, designs, logos, images, computer programs, source code, and, in general, any intellectual creation existing on this Site, as well as the Site as a whole, as a multimedia artistic work, are protected as copyright under intellectual property legislation.
The company owns the elements that make up the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website or, in any case, has the appropriate authorization for the use of such elements.
The content made available on the Website may not be reproduced, in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the aforementioned Entity.
Likewise, the deletion, circumvention, and/or manipulation of the “copyright” and the technical protection devices or any information mechanisms contained in the content is prohibited.
The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could harm them, with the company reserving, in any case, the right to exercise any legal means or actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
The User agrees to:
The User must also refrain from:
In particular, and by way of example only, the User undertakes not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that:
If a password is provided to access some of the services and/or content of the Website, the User must use it diligently, keeping it secret at all times. The User is therefore responsible for its proper custody and confidentiality and agrees not to transfer it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or content by outsiders.
Likewise, the User agrees to notify the company of any event that may imply improper use of their password, such as, by way of example, its theft, loss, or unauthorized access, to proceed to its immediate cancellation.
Until such notification is made, the company shall be exempt from any liability that may arise from the misuse of the password, being the User responsible for any unlawful use of the contents and/or services of the Website by any illegitimate third party. If the User negligently or willfully breaches any of the obligations established in these General Conditions of Use, they shall be liable for all damages resulting from such breach for the company.
6. LIABILITY
Continuous access, correct viewing, downloading or use of the elements and information contained on the website is not guaranteed and may be impeded, hindered, or interrupted by factors or circumstances beyond its control. No responsibility is assumed for decisions that may be made as a result of accessing the content or information provided.
Service may be interrupted, or the relationship with the User may be terminated immediately, if it is detected that the Website or any of the services offered therein are used in a manner contrary to these General Conditions of Use. We are not liable for any damages, losses, claims, or expenses arising from the use of the Website.
We shall only be responsible for removing content that may cause such damage as soon as possible, provided this is notified. In particular, we are not responsible for any damages that may arise from, but not limited to:
The administrator of the Website reserves the right to remove, totally or partially, any content or information present on the Website.
The company is excluded from any liability for damages of any kind that may result from the misuse of the freely available and useable services by Users. Likewise, it is exonerated from any responsibility for the content and information that may be received through data collection forms, which are solely intended for the provision of consultation and inquiry services. If damage is caused by the illicit or incorrect use of these services, the User may be claimed for damages.
You shall hold the company harmless from any damages arising from claims, actions, or demands by third parties as a result of your access to or use of the Website. Likewise, you agree to indemnify against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action you take that imposes an unreasonable burden on the functioning of the Website.
7. HYPERLINKS
The User agrees not to reproduce in any way, not even through a hyperlink or hyperlink, the Website or any of its contents, without the express written authorization of the file owner.
The Website may include links to other websites, managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it place itself in a position of guarantor or offeror of the services and/or information that may be offered to third parties through third-party links.
The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website exclusively for private, non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship or claim that such a link has been authorized, nor include trademarks, names, trade names, logos, or other distinctive signs of our company; (ii) may not include content that could be considered distasteful, obscene, offensive, controversial, incite violence or discrimination on grounds of sex, race or religion, contrary to public order or unlawful; (iii) may not link to any page of the Website other than the main page; (iv) must link to the Website’s own address, without allowing the linking website to reproduce the Website as part of its own site or within one of its “frames” or create a “browser” on any of the pages of the Website.
The company may request, at any time, the removal of any link to the Website, after which the User must proceed immediately with its removal.
The company cannot control the information, content, products, or services provided by other websites that have established links to the Website.
8. DATA PROTECTION
To use some of the Services, the User must previously provide certain personal data. The company will process these data automatically and will apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User may access the policy regarding the processing of personal data, as well as the established purposes, under the conditions defined in the Privacy Policy.
9. COOKIES
The company reserves the right to use “cookie” technology on the Website to recognize the User as a frequent user and to customize the User’s use of the Website by preselecting the User’s language or more desired or specific content.
Cookies collect the user’s IP address, with Google being responsible for processing this information.
Cookies are files sent to a browser by a web server to record the User’s navigation on the Website, when the User allows their reception. If desired, you can configure your browser to be notified on-screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult your browser’s instructions and manuals for more information.
Thanks to cookies, it is possible for the browser used by the User to be recognized for the purpose of providing content and offering the User’s browsing preferences or advertising preferences, to the demographic profiles of the Users, as well as to measure visits and traffic parameters, control progress, and the number of entries.
10. REPRESENTATIONS AND WARRANTIES
In general, the contents and services offered on the Website are for information purposes only. Therefore, by offering them, no warranty or representation is given regarding the content and services offered on the Website, including but not limited to guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent such representations and warranties cannot be excluded by law.
11. FORCE MAJEURE
The company shall not be held responsible in any case of inability to provide service if this is due to prolonged interruptions of electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.
12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the registered office of the Website’s Responsible Party.
In the event that any provision of these General Conditions of Use is unenforceable or null under the applicable legislation or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Conditions of Use as a whole unenforceable or null. In such cases, the company shall amend or replace such stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and intent reflected in the original stipulation.