I. INFORMATION REGARDING THE INFORMATION SOCIETY SERVICES PROVIDER
The internet website “www.elzaburu.es” (the “Website”) is owned and operated by ELZABURU, S.L.P., whose particulars, for the purposes of complying with the requirements of article 10 of the Information Society Services and Electronic Commerce Law No. 34/2002 (the “LSSI”), are as follows:
Company name: ELZABURU, S.L.P.
Registered address: Calle Miguel Ángel, 21. 28010 Madrid
Registered at Madrid Companies Registry in Volume 16120, Sheet 159 and Page M-51598
Tax identification number: B80181662
II. GENERAL TERMS AND CONDITIONS FOR ACCESS TO AND USE OF THE WEBSITE
These General Conditions regulate the use of the Website that ELZABURU, S.L.P. has placed at your disposal as user.
The use of this Website makes you a user thereof and implies your full and unreserved acceptance of each and every one of the General Conditions published by ELZABURU, S.L.P. at the precise moment you access the Website, without prejudice to your acceptance of specific conditions that may also be applicable, as the case may be. In the event that you do not understand and/or accept all or part of the Terms and Conditions, you must cease using this Website. Any use other than that authorised herein is expressly forbidden, and ELZABURU, S.L.P. is entitled to deny or withdraw access to and use of the Website, at any time and without prior notification, to users who do not comply with these general conditions or with the specific conditions that may apply to them.
In view of the particularly sensitive and strategic nature of the information accessible via the User Area (“ELZANET”), ELZABURU, S.L.P. hereby informs you that it has implemented security measures in the form of data encryption.
ELZABURU, S.L.P. reserves the right to unilaterally amend any of the present conditions without prior notice. In such cases the amendment shall be published and announced with as much prior notice as possible. Similarly, ELZABURU, S.L.P. reserves the right to unilaterally modify without prior notice the presentation (including the look and feel), configuration and location of the Website, as well as its content.
Every time that the User accesses the Website, it shall be in the User’s interest to check the published version of the Terms and Conditions (which shall be identified with a number in the header) and, as the case may be, carefully read through any changes introduced with respect to the last version known by the User.
2. Information offered via the Website: access and use
By means of this Website ELZABURU, S.L.P. provides information about the company and its services. The data contained therein is provided to the User for information purposes only and under no circumstances can it be considered a binding offer from ELZABURU, S.L.P. for the provision of any services whatsoever.
User access to the Website on a general basis is free of charge and does not require any prior user registration. However, access to and use of specific information and services offered via the Website are subject to prior user registration.
ELZABURU, S.L.P. reserves the right to restrict, suspend, prohibit or terminate access to and/or use of all or part of the Website at any time and to all or to specific users without the need for prior notice on the part of ELZABURU, S.L.P. In particular, but without limitation, ELZABURU, S.L.P. may temporarily suspend the services and contents of the Website to carry out maintenance, improvement or repair thereof.
The User acknowledges and accepts this fact and, as a consequence, waives the right to claim against ELZABURU, S.L.P. for any damage that may be caused for this reason.
Any third-party link to this Website must only be to the home page. The User will be liable to ELZABURU, S.L.P., or to third parties, for any damages caused as a result of the failure to comply with the said obligations.
3. Restrictions of use
When you access our Website you are expressly authorized to view any public information included on the site. Consequently, the User agrees not to use any of the information or data, of any nature or format, and/or any of the services that may be offered on the Website at any time (the “Content”) as follows:
1. You are not authorized to reproduce or copy, distribute, amend, transfer or publicise the information included on the website, unless permission has been obtained from the holder of the corresponding rights or unless such an action is legally permitted.
2. You are not authorized to use the information included on the website for direct sales or any other commercial purpose, to send unsolicited messages to groups of persons irrespective of their purpose, or to sell that information in any way.
3. You are not authorized to remove, ignore or manipulate the data identifying the rights of ELZABURU, S.L.P. or other holders (including but not limited to copyright symbols, watermarks or similar measures) as well as technical protection devices, digital fingerprints or any other protection mechanisms.
4. You are not authorized to disassemble, decompile or reverse the databases in which the Website’s information is stored.
5. You are not authorized to spam or make any attempt to spam groups of persons as a consequence of the use of the Website or of the information and services contained therein for sales or any other commercial purposes, or to send unsolicited or unauthorized e-mail chains or to use distribution lists that can be accessed via the Website.
6. You may not engage in activities that may be considered illegal, immoral or contrary to public order. These forbidden activities include, but are not limited to, the following:
(a) Sending offensive, insulting or threatening communications;
(b) Illegally accessing third-party computer systems;
(c) Spreading computer viruses or software designed to cause damage to data or computer systems or violate the privacy of others or illegally overcome security systems and/or protection;
(d) Accessing and/or distributing child pornography;
(e) Advocating terrorism;
(f) Accessing and /or distributing content of a racist or xenophobic nature.
7. You may not use the content or features of the Website to carry out activities that may harm the image of ELZABURU, S.L.P.
4. Industrial and Intellectual Property Rights. Ownership of the content
The creations and works featured on the Website (including, but not limited to, text, photographs, graphics, images, icons, technology, software, websites, links, audio and audiovisual content, its graphic design and source codes, as well as any trademarks, domain names and other distinctive signs and, in general, any type of work, creation or expression – or a combination thereof – included on the Website or used to identify it or parts thereof) (hereinafter the “Protected Elements”) are subject to intellectual and/or industrial property rights owned by ELZABURU, S.L.P. The said company has the exclusive right to exploit this intellectual property in any way, especially the rights of reproduction, distribution, public communication and transformation. ELZABURU, S.L.P. refrains from assigning to users, in whole or in part, the intellectual, industrial or any other rights relating to the Website or granting any form of license or authorization to use them.
In addition, ELZABURU, S.L.P. guarantees that the content of the Website, including the intellectual property content, is lawful and does not infringe the regulations in force. Therefore, the contents of the Website will not be xenophobic, pornographic, discriminatory, racist or incite violence in any way. Furthermore, ELZABURU, S.L.P. will adopt any and all legal measures it deems appropriate to prevent any kind of conduct contrary to law or moral standards.
By means of these Terms and Conditions, ELZABURU, S.L.P. only authorizes the User to view, download and print the Protected Elements owned by ELZABURU, S.L.P. provided the User employs them for personal use alone, undertaking not to carry out, directly or indirectly, any commercial exploitation thereof or use them for any purpose other than those expressly permitted under these Terms and Conditions
The use of Protected Elements owned by third parties (including, but not limited to, third-party trademarks and distinctive signs) shall be subject to conditions that, as the case may be, the said third parties may establish and which the User must be fully aware of.
Any infringement of the provisions set out in this section shall be considered an infringement of the intellectual property rights in the name of ELZABURU, S.L.P., such conduct giving rise to the responsibilities established by law for this purpose and which may be pursued by means of the corresponding administrative, civil or criminal actions.
5. Legality and accuracy of the Website’s Content
Although ELZABURU, S.L.P. makes every effort to ensure that the Content of the Website is correct and up to date, ELZABURU, S.L.P. does guarantee or take responsibility for any inaccuracies and/or any failure to correct and/or update them.
The responsibility of ELZABURU, S.L.P. with respect to the content and information offered by external websites accessed by means of hyperlinks included on the Website, as well as content originating from third parties hosted on the Website, shall be governed by the provisions set out in articles 16 and 17 of the Information Society Services and Electronic Commerce Law No. 34/2002.
ELZABURU, S.L.P. is not responsible for nor does it guarantee the legality of accessing the Content and other parts of the Website outside of Spain. Access to the Website from a country other than Spain should be carried out in accordance with the rules applicable in the territory from which the User accesses the Website.
6. Exclusion of guarantees and responsibilities
With respect to the exclusion of guarantees and responsibilities:
1. ELZABURU, S.L.P. shall only be responsible for its own services and for content directly caused by it and conveniently identified as industrial and intellectual property of ELZABURU, S.L.P.
2. I. ELZABURU, S.L.P. shall not be responsible for damages of any kind that may arise from the provision or offer of goods or services by third parties via the Website, and in particular:
a. failure to comply with the law, morality and standards of public decency, or negligent or incorrect use of the goods and/or services offered, or for purposes or effects that are unlawful or contrary to the content of these general conditions or the conditions that may be applicable as the case may be.
b. infringement of industrial and intellectual property rights.
c. infringement of professional secrecy.
d. infringement of the right to honour, personal and family privacy, and personal image of persons, and of rights relating to the protection of children and youth.
e. carrying out acts of unfair competition.
f. carrying out unlawful advertising or criminal acts or acts of a pornographic nature.
g. illegality or lack of veracity, accuracy, reliability, relevance, topicality and thoroughness of the content and information transmitted or made available to the users, including the information and services provided by third parties or by the users through the Website.
h. non-compliance or defective compliance or termination for any reason of the agreements reached with third parties for the provision of services via the Website.
i. the incapacitation of any User or impersonation of a third party by the User.
II. ELZABURU, S.L.P. shall not be responsible for information included on the Website by any Users causing offence to others, insulting them, damaging their right to honour or privacy or harming them in any other way, since users of the Website are required to refrain from entering information that could be considered illegal, immoral or contrary to public order in accordance with the content of the Terms and Conditions.
III. ELZABURU, S.L.P. shall not be responsible for damages arising from the knowledge that unauthorized third parties may have of the type, conditions, characteristics and circumstances of users’ access to and use of the Website and the information and services contained therein, as well as users’ failure to comply with their obligations in relation to personal data.
IV. ELZABURU, S.L.P. shall not be responsible for damages of any kind that may arise due to the existence of errors in access to or use of the Website, as well as in access or use of its services or the content, even if it undertakes to avoid, update or correct such errors. In other words, ELZABURU, S.L.P. shall not be responsible for the unavailability or interruption of the Website and the services included therein, or for faults in the access to the different Websites or those from which the services are provided.
V. ELZABURU, S.L.P. shall not be responsible for damages of any kind that may result from the information included on other websites, to which this Website may have referred by means of links. The purpose of the links that appear on the Website is purely informational and under no circumstances can ELZABURU, S.L.P. be held responsible for the result you intend to obtain by accessing the links in question. As a consequence, ELZABURU, S.L.P. shall not be liable for:
· the availability, accessibility, operation and continuity of the linked sites
· the quality, legality, reliability, usefulness, veracity, topicality, thoroughness and/or authenticity of the content available on the linked sites
· the maintenance, provision or transmission of the content available on the linked sites.
VI. ELZABURU, S.L.P. shall not be responsible for damage of any kind that may arise from the presence of viruses in the computer system, electronic documents or user files. Similarly, ELZABURU, S.L.P. shall not be responsible for damage that may arise due to the presence of viruses in the services provided by third parties via the Website, thereby causing alterations in the computer system, electronic documents or user files.
VII. ELZABURU, S.L.P. shall not be responsible, under any circumstances, including negligence, for loss of business, loss of use, loss of profits, loss of data, or damages of an indirect, secondary, special or consequential nature resulting from access to or use of the Website by Users.
VIII. The User exempts ELZABURU, S.L.P. of any liability that may arise as a result of the failure to comply with the content of these Terms and Conditions, particularly but without limitation to the Restrictions of Use of the Website included therein.
7. Applicable law and jurisdiction
The provision of service of the Website and these General Conditions of Use of the Website shall be governed by Spanish law. Insofar as permitted by law, the parties, expressly waiving any other jurisdiction that may apply, agree to submit to the jurisdiction of the courts of the city of Madrid.