Legal notice
Legal Notice
INFORMATION SOCIETY SERVICES LAW (LSSI)
ERIC AMAYA CALDAS, responsible for the website, hereinafter RESPONSIBLE, makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as inform all users of the website about the conditions of use.
Any person who accesses this website assumes the role of user, committing to the strict observance and compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.
IDENTIFICATION DATA
Commercial name: ERIC AMAYA CALDAS
VAT number: 41553366W
Registered office: Carrer Sant Pere, 73, 17200 Palafrugell, Girona.
Telephone: 623061816
Email: info@arbori.net
OBJECT
Through the Website, we offer Users the possibility of accessing information about our services.
PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data to access certain content or services, Users will guarantee its veracity, accuracy, authenticity and validity. The company will give this data the corresponding automated treatment depending on its nature or purpose, in the terms indicated in the Privacy Policy section.
INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all the contents displayed on the Web Space and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible to industrial and/or commercial use are subject to Intellectual Property rights and all brands, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in economic traffic. For all this, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such contents, keeping the company harmless from any claim arising from the breach of such obligations. In no case does access to the Web Space imply any kind of waiver, transmission, license or total or partial assignment of these rights, unless expressly established otherwise. These General Conditions of Use of the Web Space do not grant Users any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Web Space and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third party owner of the affected rights. The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyrights by the legislation on intellectual property. The company owns the elements that make up the graphic design of the Web Space, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Web Space or, in any case, has the corresponding authorization for the use of these elements. The content provided in the Web Space may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless there is prior authorization, in writing, from the aforementioned Entity. It is also prohibited to delete, evade and/or manipulate the "copyright" as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights stated and to avoid any action that could harm them, reserving in any case the company the right to exercise any legal means or actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEB SPACE
The User undertakes to:
Make appropriate and lawful use of the Web Space as well as the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Web Space; (iii) generally accepted morality and good customs and (iv) public order.
Provide yourself with all the means and technical requirements needed to access the Web Space.
Provide truthful information when filling in the forms contained in the Web Space with your personal data and keep them updated at all times so that they respond, at all times, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for any damages caused to the company or third parties by the information provided.
However, as established in the previous section, the User must also refrain from:
Make unauthorized or fraudulent use of the Web Space and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or documents, files and all kinds of contents stored on any computer equipment.
Accessing or attempting to access restricted resources or areas of the Web Space, without complying with the conditions required for such access.
Causing damage to the physical or logical systems of the Web Space, its suppliers or third parties.
Introduce or spread computer viruses or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of the company, suppliers or third parties.
Attempt to access, use and/or manipulate the data of the company, third party providers and other Users.
Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or this is legally permitted.
Delete, hide or manipulate notes on intellectual or industrial property rights and other identifying data of the rights of the company or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted into the contents.
Obtain and attempt to obtain the contents using means or procedures other than those that, depending on the case, have been made available to you for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, those that are commonly used on the Internet so as not to entail a risk of damage or unusability of the Web Space and/or the contents.
In particular, and for illustrative purposes only and not exhaustively, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any type of material that: In any way is contrary to, disparages or infringes upon the fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of current legislation.
Induces, incites or promotes criminal, denigrating, defamatory, violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
Induce, incite or promote discriminatory actions, attitudes or thoughts on the grounds of sex, race, religion, beliefs, age or condition.
Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear.
Induces or incites to engage in practices that are dangerous, risky or harmful to health and mental balance.
It is protected by legislation on intellectual or industrial protection belonging to the company or third parties without the intended use having been authorized.
It is contrary to honor, personal and family privacy or the self-image of people.
It constitutes any type of advertising.
Include any type of virus or program that prevents the normal functioning of the Web Space.
If, in order to access some of the services and/or contents of the Web Space, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its adequate custody and confidentiality, committing yourself not to transfer it to third parties, temporarily or permanently, nor to allow access to said services and/or contents by unauthorized persons. Likewise, you are obliged to notify the company of any event that may involve improper use of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, until you make the above notification, the company will be exempt from any liability that may arise from the improper use of your password, being its responsibility for any illicit use of the contents and/or services of the Web Space by any illegitimate third party. If you negligently or intentionally fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages and losses that may arise for the company from this breach.
RESPONSIBILITIES
Continuous access is not guaranteed, nor is the correct visualization, download or usefulness of the elements and information contained on the website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.
The service may be interrupted, or the relationship with the User may be immediately terminated, if it is detected that use of its Website, or any of the services offered therein, is contrary to these General Conditions of Use.
It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that it is notified. In particular, we will not be responsible for damages that may arise, among others, from:
interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of the company.
illegitimate intrusions through the use of malicious programs of any type and through any means of communication, such as computer viruses or any other.
Undue or inappropriate abuse of the Web Space.
security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of the company reserve the right to withdraw, in whole or in part, any content or information present in the Web Space.
The company excludes any liability for damages of any nature that may be due to the misuse of the services freely available and used by the Users of the Web Space. It is also exempted from any liability for the content and information that may be received as a result of the data collection forms, the same being solely for the provision of consultation and doubt services. On the other hand, in the event of causing damages due to an illicit or incorrect use of these services, the User may be held liable for the damages caused.
Likewise, you undertake to indemnify against any damages and losses arising from your use of "robots", "spiders", "crawlers" or similar tools used for the purpose of collecting or extracting data or from any other action on your part that imposes an unreasonable burden on the operation of the Web Space.
LINKS
The User undertakes not to reproduce in any way, not even through a link or hyperlink, the Web Space, as well as any of its contents, except with express written authorization from the person responsible for the file.
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 these Websites, nor is it in a position of guarantor or/and provider 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 Web Space exclusively for private and non-commercial use. The Web Spaces that include a link to our Web Space (i) may not misrepresent their relationship or claim that such a link has been authorized, nor include brands, denominations, commercial names, logos or other distinctive signs of our company; (ii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination on grounds of sex, race or religion, contrary to public order or illicit; (iii) may not link to any page of the Web Space other than the main page; (iv) must link to the Web Space's own address, without allowing the Web Space that makes the link to reproduce the Web Space as part of its website or within one of its "frames" or create a "browser" on any of the pages of the Web Space. The company may request, at any time, that it eliminate any link to the Web Space, after which it must immediately proceed with its elimination.
The company cannot control the information, content, products or services provided by other Web Spaces that have established links to the Web Space.
DATA PROTECTION
To use some of the Services, the User must previously provide certain personal data. The company will automatically process this data and apply the corresponding security measures, all in compliance with the RGPD. The User can access the policy followed in the processing of personal data as well as the establishment of the previously established purposes, as provided for in the conditions defined in the Privacy Policy.
COOKIES
The company reserves the right to use “cookie” technology on the Web Space, in order to recognize you as a frequent User and personalize your use of the Web Space by pre-selecting your 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 means of a Web server, to record the User's navigation in the Web Space, when the User allows their reception. If you wish, 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 the instructions and manuals of your browser for more information.
Thanks to cookies, it is possible to recognize the computer browser used by the User in order to provide content and offer the User's browsing or advertising preferences, to the Users' demographic profiles as well as to measure visits and traffic parameters, control progress and number of entries.
REPRESENTATIONS AND GUARANTEES
In general, the contents and services offered on the Website are merely informative in nature. Consequently, when offering them, no guarantee or declaration is granted in relation to the contents and services offered on the Website, including, without limitation, guarantees of legality, reliability, usefulness, veracity, accuracy, or merchantability, except to the extent that such declarations and guarantees cannot be excluded by law.
FORCE MAJEURE
The company will not be responsible in any case of impossibility of providing service, if this is due to prolonged interruptions in the 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 event.
DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Conditions of Use, as well as the use of the Web Space, will be governed by Spanish legislation.
In the event that any provision of these General Conditions of Use is unenforceable or null and void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity will not render these General Conditions of Use unenforceable or null and void as a whole. In such cases, the company will proceed to modify or replace said provision with another that is valid and enforceable and that, to the extent possible, achieves the objective and intent reflected in the original provision.