LEGAL WARNING
This legal warning establishes the conditions of access to the WEB www.motonaluticallonch.com, ahead, the web and the use of its contents such as the source, design, surfing structure, data base, text, images sound and any other creation, ahead the CONTENTS.
I. IDENTIFICATION
The title holder of the Web is MOTONAUTICA LLONCH S.A. with address at Avda. Tramontana, 17 EMPURIABRAVA (Girona) Registered in the Registro Mercantil of Girona, Volume 373, Folio 94, Page nª gi-6981 Registered 9 Nif A-17025347, ahead The Titular.
II. CONTACT INFORMATION OF THE TITULAR
Telephone 972 45 21 61
E-mail: montse@motonauticallonch.com
III. TITULARITY AND CONDITIONS OF CAUSE ACCEPTED BY THE USER
The titular of the rights of the intellectual property of the Web and therefore responsible for the data of personal identification collected through the Web, is The Titular.
The usage of this web attributes the condition of user, which implies the adhesion without reserves to the present conditions in the version published at the time of access. The Titular reserves the right to modify at anytime, the representation and configuration of the web as well as the General Conditions to use the Web. For this The Titular suggest the user to read with attention each time it has access to the web.
With General Character the users will be able to get access freely and free of charge.
IV. USERS OBLIGATION
The user undertakes to use the contents in accordance with the law, to these General Conditions as well as, with the moral and good customs generally accepted and to the public order.
The user is obliged to use the contents in a diligent form correct and legal and in particular, promises to abstain from:
- Using the contents of form. With aim or effect against the law, morals and the good habits generally accepted in the public order.
- Reproduce or copy, distribute, allow public access through any model of public communication, transform or modify the contents, unless having the authorization of the titular with the corresponding rights or if it is legally permitted.
- Infringe rights of intellectual or industrial property belonging to the titular or to third parties.
- Use the contents and in particular the information of any kind obtained through the web to send publicity communication to direct sales or any other kind of commercial dealings, messages non applied for directed to a plurality of people independent of its aim, or commercialize or circulate in any way this information.
V. USER RESPONSIBILITY
The user will be responsible for any harm and prejudice of any nature which the titular could suffer, directly or indirectly, through not complaining with the obligations taken from the General Conditions or the law related to the use of the web. The use unauthorized of the Web contents or the harm to the rights of the intellectual property of the titular will give way to the responsibilities anticipated by the valid legislation.
The titular at all times will see that the juridical order is respected and will have the right to interrupt or eliminate at its entire discretion the Contents or exclude the user from the web in case of presumed commission, complete or incomplete of some of the offences or faults typified by the valid Penal Code or in case there is a conduct which the Titular might think against, the morals, public order, good customs or can disturb the good functioning, image, credibility or prestige of the Titular and its collaborators.
VI. EXCLUSION OF RESPONSABILITIES AND GUARANTEES
The titular reserves the rights to interrupt the access to its web and the lending of any part or all the Contents its web and the lending of any part or all the Contents which are lent through the web at any time and without warning, as for technical reasons, security control, maintenance, electric failure or any other cause.
In consequence, the Titular does not guarantee its reliability, availability or the continuity of its web or the contents, therefore the using of those by the user is carried at its own risk and at no time can demand responsibilities to the Titular in that sense.
The Titular will not be responsible if the are interruptions of service, delays, errors, bad functioning of the service and in general other inconvenient derived from causes which escape the control of the Titular owing to a fraudulent or faulty by the user originated by an Act of God. Without prejudice what is established in the article 1105 in the Civil Code it will be understood included in the concept of Act o f God, further more and to the effect of the General Conditions, all those events happened outside the Titular’s control such as failure of third parties operators or service companies, Government Acts, lacks of access to networks of third parties acts or omission from the Public Authorities, those others produced as a consequence of natural phenomenon, electric cuts etc. and attacks by hackers or third parties specialized in the security and integrity of the computer system, in any case whatever the cause is, the Titular will not take any responsibility for damages direct or indirect, emerging damages or because of ceasing profit. The Titular will have the right without any existing compensation to the user for these concepts, to suspend temporarily the services and contents of the web to carry out maintenance operations, improvement and repair of those.
The titular does not guarantee nor take any type of responsibility for damages and prejudices suffered by the access to third parties through connections, ties or links where are linked. The function of these connections which appear in the web are exclusively to inform the user about the existence of other sources of information in Internet, where will be able to broaden the data offered by this web page, being not responsible for the results obtained through these links or consequences derived from the access by the user to them. These contents by third parties are supplied by them, that is why cannot control and does not control the legality of the contents nor the quality of the services offered. In the same way, the Titular excludes any responsibility for damages and prejudices of all kind due to the presence of Virus or the presence of other damaging elements in the contents which may produce an alteration to the computer systems as well as the documents or systems kept there.
The Titular is not responsible for the usage that the user can do of the services and products of the web nor with the passwords or any other material from the web, infringing the rights of intellectual or industrial properties or any other right to third parties.
VII. INTELLECTUAL PROPERTY
All the contents of this web page, such as tests, graphics, photographs, logotypes, icons, images, such as the graphic design, source code and software are the exclusive property of the Titular or Third party, whose rights recognize the Titular and are subject to the property rights intellectual and industrial protected by the legislation national and international valid at each time.
It is strictly prohibited the usage of all the elements object of the industrial and intellectual property with commercial aims as ell as its reproduction distribution, modification, alteration further than permitted by the formulas of the trade unions contents.
The infringement of any of the quoted rights can constitute a contravention of the presents disposition as well as an offence punished according with the article 210 and following the Penal Code.
The user is authorized to only visualize and unload the contents of the web for personal use but not commercial.
VIII. PROTECTION OF DATAS
The Titular, fully aware of the use and treatment which must be given to data of character personal and due to the legal rule existing to the respect, has implanted in the head of the organization a system to preserve the security, integrity and confidentiality of personal data. Guarantying that the personal data will be used with the object and form within the limitations and rights which gives the organic law 15/1999 of Data Protection of Character Personal The Titular informs the users that the data given at the time of register as a user or posterior through services given, will be introduced in an automatic file belonging to the Titular. Such data will be used to run the relation with the users, widen and improve the contents and to send information or publicity trough the e-mail. In the case of commercial communication through e-mail or equivalent means the fact of giving your personal data to the Titular means you give the authorization to send publicity through the said means.
The present consent is given without prejudice of all the rights which it has through the L.O. 15/1999 and special the possibility in which the user can exercise freely the rights of opposition, to accede rectify the information and cancellation of the personal data and revocation of its authorization without retraction effects which will be able to exercise through a written petition directed to the Titular at the e-mail address: montse@motonauticallonch.com. The Titular tells the user the non obligatory Character of recompilation of such data to be able to use the services. Although the non completion of such data might impede the Titular lend all those services attached to such data, freeing him of all responsibilities for not lending or partly lending such services.
The Titular will answer in any case the truth about the dates given, reserving the Titular the right of excluding the services registered to all the users who have given false information without prejudice of the other actions coming from its right.
IX. USAGE OF COOKIES
The Titular informs you that during surfing through our web pages “cookies” are not used, little files of data are generated in the user’s computer which allows us to obtain the user’s information.
X. SPECIAL PROTECTION FOR MINORS
The Titular considers that the protection of data of character personal to the minors it is essential so, in the supposing the user is a minor, he or she will have to contribute its personal data in the forms collected with the previous consent of parents or tutors sending the corresponding from duly signed by the parent or tutors to the address indicated above by registered post.
The Titular does not answer those data from minors that without been able to recognize the Titular was done without the consent of parents or tutors.
XI. APLICABLE LAW AND JURISDICTION
For any litigation involving the web www.motonatucallonch.com the Spanish legislation will be applied and if there are any conflicts, derived from the use of the web they will be taken to the Judges and Courts in Figueres (Spain)
