The access, navigation and use of the website http://contagesha.com/ (hereinafter, the “Website“) implies the express and unreserved acceptance of all the terms of this Legal Notice. Compliance and observance will be enforceable with respect to any person who accesses, browses or uses the Website.
HOLDER: CONTABILIDAD Y GESTIÓN HABANA S.L. (hereinafter, “Holder”)
Registered office: Calle Serrano 45, 28001, Madrid.
This Legal Notice regulates the access, browsing and use of the Website. Without prejudice to the holder’s reservation (hereinafter, the “Holder”) of the right to amend the presentation, settings and content of the Website, as well as the conditions required for its access and/or use. The access and/or use of the Website after the entry into force of its amends or changes implies the acceptance of the same ones.
However, access to certain content and the use of certain services may be subject to certain particular conditions, which will in any case be clearly shown and must be expressly accepted by Users. These particular conditions may replace, complete or, where appropriate, amend the provisions of this Legal Notice.
3. THE ACCESS AND REGISTRATION
The access and use of the Website does not require registration.
However, the access and browsing of the Website assumes that the User accepts in its entirety and is obliged to comply fully with this Legal Notice, as well as the instructions or recommendations that are indicated to him in each specific case through the Website.
In any case, it is forbidden to access and browse into the Website by those under fourteen (14) years of age, unless they have the prior and express permission of their parents, guardians or legal representatives, who will be considered responsible for the acts carried out by the minors in their charge in accordance with the current legislation. In any case, it will be presumed that the access made by a minor to the Website has been made with prior and express authorization from his parents, guardians or legal representatives.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Holder owns or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property necessary to operate the Website, as well as all the contents offered in it, including the own Website, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.
In no case shall it be understood that the access, browsing and use of the Website by the User implies a waiver, transmission, license or total or partial transfer of such rights by the Holder. The User has the right to use the contents and/or services of the Website within a strictly domestic area and only in order to enjoy the services provided in accordance with this Legal Notice.
References to registered trademarks or trade names, or other distinctive signs, whether owned by the Holder or third parties, are implicit in the prohibition on their use without the consent of the Holder or his rightful owners. At no time does the access, browsing or use of the Website and/or its contents confer on the User any right on distinctive signs included therein, unless otherwise provided in this Legal Notice.
All intellectual and industrial property rights are reserved for the contents and/or services of the Website and, in particular, it is prohibited to amend, copy, reproduce, communicate publicly, transform or distribute, by any means and under any form, all or part of the content included in the Website, for any purpose, if you do not have the prior, express and in writing authorization of the Holder or, where appropriate, the holder of the corresponding rights.
It is also forbidden to delete or manipulate the copyright or other credits that identify the contents rights of holders that the User finds on the Website, as well as the technical protection devices, the fingerprints, or any protection mechanism or information incorporated in the content offered on the Website.
In the event that the User submits information or contents of any kind to the Holder through any of the channels enabled for the purpose, the User declares, guarantees and accepts that he has the right to do so freely, that such information does not infringe any Intellectual property, industrial, commercial secrecy or any other rights of third parties, and that such information is not confidential or detrimental to third parties.
The User acknowledges the responsibility, leaving the Holder unscathed, for any communication or content sent personally or in his name.
If the User is aware of the existence of any illicit, illegal, contrary to the laws or that may be an infringement of intellectual property rights, industrial, or any other nature, he shall immediately notify the Holder through the e-mail address firstname.lastname@example.org so that it can proceed to the adoption of the appropriate measures.
Similarly, in the event that any User or third party considers that any of the contents of the Website owned by the Holder infringe his intellectual, industrial, or any other property rights, he must send a communication to email@example.com with the following information:
- Identifying data and means of contact of the plaintiff or its legal representative;
- Documentation proving its status as Holder of the allegedly infringed rights;
- Detailed account of the rights allegedly infringed by the Holder, as well as its exact location within the Website;
- Express statement on the part of the plaintiff that the use of the contents has been made without the consent of the Holder of the rights allegedly infringed.
5.1. Links to other websites
In the event that the Website shows links to other web pages using different buttons, links, banners or embedded content, the Holder reports that they are managed by third parties, not having the Holder human nor technical means to know in advance and/or to control and/or to approve all the information, content, products or services provided by other platforms that can be established links from the Website.
Consequently, the Holder may not assume any responsibility for any aspect of the Website or web page to which a link could be established from the Website, in particular, but not limited to its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this sense, if the Users have effective knowledge that the activities carried out through these third-party websites are illegal or go against the moral and/or public order, they shall immediately communicate it to the Holder for the purposes of proceed to disable the access link to them, action that will take place in the shortest possible time.
In any case, the establishment of any kind of link from the Website to another website does not imply that there is any kind of relationship, collaboration or dependency between the Holder and the person responsible for this website.
- Links to other web pages bound to the website
The Holder does not authorize the establishment of a link to the Website from those pages that contain materials, information or illicit, illegal, degrading, obscene contents and, in general, information that contravene the laws, the moral or the public order, or the norms socially accepted.
In any case, Users may establish links to the Website, provided they comply with the following conditions:
- The link may not reproduce the content of the Website or parts thereof in any form;
- It is not allowed to create a browser or a border environment on the sections of the Website, nor in any other way can the Website be amended;
- It is not permissible to make false, inaccurate or incorrect demonstrations or indications about the Website and/or, in particular, to declare or imply that the Holder has authorized the link or that has supervised or assumed in any way the contents or services offered or made available on the website where such link is established;
- The web page in which the link to the Website is established will not contain any information or contents illicit, contrary to the moral and generally accepted good customs and to the public order, as well as will not contain contents contrary to any rights of third parties, including the rights of intellectual or industrial property and/or the right to honour, personal or family privacy or the own image or of any other right, or content that is contrary to the rules governing the protection of data of a personal nature.
The Holder has no faculty or human or technical means to know, control or approve all the information, contents, products or services provided by other web pages that have established links to the Website. The Holder assumes no liability for any aspect relating to the web page that establishes that link to the Website; In particular, for the purposes of its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
6. RULES OF USE THE WEBSITE
It is not permitted and, therefore, its consequences will be the exclusive responsibility of the User, the access or use of the Website for illegal or unauthorized purposes, with or without profit motive. In particular, and without the following listing being limited, it is prohibited:
- Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or on the computer equipment of a third party;
- Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
- Use the Website to collect personal data from other Users;
- Use the Website illegally, against good faith, morality and public order;
- Register through the Website with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other Users on the identity of the User;
- Unauthorized access to any section of the website, to other systems or networks connected to the Website, to the Holder’s servers, or to the services offered through the Website, by means of piracy or falsification, extraction of passwords or any other illegitimate means;
- Break, or attempt to break, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website;
- Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the Holder, as well as in the systems and networks connected to the Website; or
- Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functions, either altering or attempting to alter, illegally or in any other way, access, participation or operation of those, or falsifying the result of them and/or using fraudulent methods of participation, through any procedure, and/or through any practice that violates or enjoins the present Legal Notice.
Failure to comply with any of the foregoing obligations by the User may entail the adoption by the Holder of the appropriate measures covered by law and in the exercise of his or her rights or obligations, being able to reach the removal or blocking of the account of the infringing User, without any possibility of compensation for any damages caused.
7. RESPONSIBILITY AND GUARANTEES
The Holder cannot guarantee the reliability, usefulness or veracity of all the information and/or the services and contents of the Website nor of the usefulness or veracity of the documentation made available through it.
Consequently, the Holder does not guarantee or be held responsible for:
- The continuity of the contents and services of the Website;
- The absence of errors in such content and services;
- The absence of viruses and/or other harmful components on the Website or on the server supplying it;
- The invulnerability of the Website and/or the inability to infringe the security measures that are adopted in it;
- The lack of usefulness or performance of the contents and services of the Website; and
- Damages that cause, to itself or to a third party, any person who violates the conditions, terms and instructions that the Holder establishes in the Website or through the infringement of the security systems of the Website.
However, the Holder declares that he has taken all necessary measures, within his means and the state of the art, to guarantee the operation of the Website and to minimize the errors of the system, both from the technical point of view and of the contents published on the Website.
The Holder does not guarantee the lawfulness, reliability, or usefulness of the contents provided by third parties through the Website. If the User is aware of the existence of any content which is illicit, illegal, contrary to the law, or that may be a violation of third-party rights, he shall immediately notify the Holder so that he may proceed to adopt the appropriate measures.
The Holder will not be responsible for the veracity, integrity or updating of the information published on the Website from sources outside the same, as well as those contained in other platforms that are linked from the Website. The Holder shall not assume responsibility for hypothetical damages that may arise from the use of that information.
The Holder shall not be liable for reasons beyond his control, among which may be enumerated in a non-limiting manner: force majeure, problems of Internet access, technological problems beyond the diligent and reasonable management of the Holder, actions or omissions of third parties, etc. In all cases referred to, outside the control and due diligence of the Holder, there will be no compensation of the Holder to the User for damages, to the extent permitted by the current legislation.
8. SUPRESSION OF THE WEBSITE
The holder reserves the right to suspend, amend, restrict or interrupt, either temporarily or permanently, the access, browsing, use, accommodation and/or downloading of the content and/or use of the Website’s services, with or without prior notification, to Users who contravene any of the provisions detailed in this Legal Notice, without the possibility of the User to require any compensation for this cause.
- THE CONFIDENTIALITY AND DATA PROTECTION
The headings of these clauses are only informative, and will not affect, qualify or extend the interpretation of this Legal Notice. In addition, the Holder may amend the terms and conditions herein stipulated, totally or partially, by posting any changes in the same manner as this Legal Notice appears or through any type of communication addressed to Users.
The temporal validity of this Legal Notice therefore matches with the time of its exposure until it is amended totally or partially, at which time the amended Legal Notice will become effective.
The Holder may end, suspend or interrupt, at any time and without prior notification, access to the contents of the Website, without the User’s possibility to demand compensation. After such extinction, the prohibitions on the use of the contents described above in this Legal Notice will remain in force.
In the event that any provision of this Legal Notice was declared null or void, totally or partially, by any Court, Tribunal or competent Administrative body, such nullity or non-application shall not affect the other provisions of this Legal Notice.
The non-exercise or execution by the Holder of any right or disposition contained in this Legal Notice shall not constitute a waiver thereof, except for recognition and agreement in writing on his part.
11. APPLICABLE LAW AND COMPETENT JURISDICTION
This Website is subject by the current legislation in Spain.
For any dispute that may arise in the interpretation and application of this Legal Notice, and to the extent allowed by the current legislation, both the Holder and the Users are expressly subject to the jurisdiction of the Courts and Tribunals of Madrid, with waiver of its own jurisdiction if any.
Last Update: 11 October 2018.
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