These general conditions (hereinafter the “General Conditions”) regulate the access and use of the Internet website, as well as the different web pages that comprise it (hereinafter the “Website”) that MIARCO, S.L. (hereinafter “MIARCO”) makes available to you as a user (hereinafter the “User”).
The use of the Website implies the full acceptance by the User of all the General Conditions in force at each moment in which the User accesses it. Therefore, if he does not agree with any of the conditions set forth herein, he should refrain from using this Website.
MIARCO reserves the right to modify, without prior notice, at any time these General Conditions, as well as its configuration, location and any other general or specific terms, regulations of use, instructions or warnings that may be applicable. Likewise, MIARCO reserves the right to suspend, interrupt or stop operating the Website at any time.
Through the Web site, MIARCO shows Users different goods, including, but not limited to, information, data, distinctive signs, works (hereinafter known as the “Content“). The User is only authorised to access and use these in the terms laid down in these General Conditions.
2. CONDITIONS FOR ACCESS TO AND USE OF THE WEB SITE
2.1. Access to and use of the Web site
MIARCO requires Users to make responsible and lawful use of the Web site and of the Content displayed in it.
The User acknowledges they are over eighteen (18) years of age and agrees that access to and use of the Web site and/or of the Content included in it is carried out freely and intentionally on their own responsibility.
Access to the Web site and/or to the Content included in it does not imply any kind of guarantee about the Web site and/or of the Content included in it. This means that no guarantee whatsoever is given as to its suitability for any particular or specific purposes which Users might expect or assume of it.
MIARCO may establish further limitations and/or conditions for the use of and/or access to the Web site and/or to the Content, which will have to be observed by Users in all cases.
2.2. User’s obligations from using the Web site and the Content
The User undertakes to comply with these General Conditions, as well as to comply with any special warnings or instructions contained on the Web site and always to act in accordance with the law, commonly accepted principles and requirements of public order and good faith, and with the utmost care and diligence, taking into account the nature and consideration of the service offered.
Accordingly, the User shall refrain from using the Web site in any way that could prevent, hinder, damage or impair its normal operation, the goods or rights of MIARCO, its suppliers, other Users and of any third party, in general.
Specifically, including yet implying no restriction whatsoever to the obligations taken on by the User in accordance with the preceding paragraph, the User undertakes to use the Web site on the following terms:
- Not to insert or publicise on, or from, the Web site any information or material which is defamatory, insulting, obscene, threatening, xenophobic, pornographic, constitutes an apologia for terrorism, incites violence or discrimination on the grounds of race, gender, ideology, religion or constitutes any breach of public order, fundamental rights, civil liberties, honour, intimacy or the image of third parties and current legislation, in general.
- Not to insert on, store in or publicise through the Web site any computer programme, data, virus, code or any other instrument or device which may cause damage to the Web site, to any of the services or to any of the equipment, systems or networks of MIARCO, of any User, of the suppliers of MIARCO or in general of any third party, or which may cause any kind of malfunction or prevent their normal operation.
- Not to obstruct access to the Web site by third parties.
- Not to send spam, advertise, or make promotional or commercial use of the Web site. This means that the Content and in particular the information obtained through the Web site shall not be used for sending advertising, sending messages for direct sale purposes or to any other commercial end, nor for collecting or storing personal data.
- Not to destroy, modify, disable or damage the data, information, programmes or electronic documents belonging to MIARCO which are shown or included on the Web site.
- Not to insert on or publicise through the Web site any content infringing intellectual and industrial property rules or third parties’ rights, nor in general any content which Users have no right to make available to third parties in accordance with the law.
2.3. Insertion and use of links
Links, such as hypertext, banners, buttons, directories and any other search tool, understood as meaning the technology connecting two web sites or two web pages (hereinafter the “Link“) may be used by both Users, to establish a connection between their web site and the Web site, and by MIARCO, to make access to other web sites other than the Web site available to Users. Nevertheless, these Links must be subject to the following terms.
2.4. Insertion of Links by Users
Any Users who wish to establish a Link between their web site and the Web site shall comply with the following obligations:
MIARCO’s express, prior and written consent shall be required prior to establishing a Link on any Web site other than this Web site.
The Link shall only enable access to the Web site, with links to final pages or to the “frame” not being allowed, nor the creation of any “border environment”. The aforementioned access shall not enable the Web Site to be reproduced in any shape or form.
No false, inaccurate or incorrect declarations or indications about the Web site shall be made.
There shall be no declaration or implication that MIARCO has supervised or adopted the content, products or services offered or advertised on the web site in which the Link has been set up.
The web site on which the Link has been set up shall not contain any trade mark, trade name, establishment sign, logotype, slogan or other distinctive signs or intangible assets belonging to MIARCO and/or to third parties, without their owner’s express, prior and written consent.
The web site on which the Link has been set up shall not contain any information or contents that are unlawful, contrary to general accepted morality and propriety and to public order or that contravene any third parties’ rights.
2.5. Use of third parties’ links on the Web site
The installation of third party links by MIARCO is for the sole purpose of giving Users access to available information provided by third parties and does not imply that MIARCO promotes, endorses, guarantees or recommends third party web sites. Any links included on MIARCO’s Web site are only provided as informative references, without implying any appraisal or guarantee of their contents, ownership, services or products offered. MIARCO does not accept any responsibility in terms of their suitability, correctness and operation.
Users must take the greatest care in the appraisal and usage of these Links, with MIARCO being exempt from any liability with regard to any information, data, files, products, services and any kind of material or intangible assets existing on the sites they may access through these links.
3. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
All the Content shown on the Web site including, but not limited to, designs, photographs, texts, graphs, plans, logos, trademarks or any other intangible assets protected by industrial and intellectual property rights is subject to the intellectual and industrial property rights of MIARCO or of third parties owning these which have duly authorised their inclusion on the Web site.
Under no circumstances shall it be understood that any licence is granted or that any waiver, transfer, total or partial assignment of said rights is made, nor that any exploitation right over these assets is being granted, unless this is expressly established beforehand in writing by MIARCO or by the relevant holders of the rights.
MIARCO authorises Users to use, view, print, download and store the free Content and/or the elements inserted on the Web site when this is expressly stated; as long as the origin and/or author of these is stated and that, where applicable, the copyright symbol and/or industrial property notices of their owners are shown. Except in the terms considered above, it is strictly prohibited to exploit these assets (by reproduction, communication, distribution, transformation, etc.). It shall consequently be necessary to obtain prior consent in writing from the owner of the rights in question for any use other than the ones expressly allowed.
4. EXCLUSION OF GUARANTEES AND LIABILITY DISCLAIMER
4.1. Exclusion of guarantees and liability for the operation of the Web site
MIARCO does not guarantee the availability and continuity of the operation of the Web site and the services or Contents offered on it, even in terms of updates, and shall be exempt from any liability for damages of any kind which might arise through such circumstances.
Provided that there are no circumstances making this impossible or difficult to carry out, and as soon as notification of the errors, disconnections and/or lack of updates of the content is received, MIARCO shall take any steps required to rectify the errors, re-establish communication and/or update the aforementioned content.
Similarly, MIARCO does not guarantee either the technical reliability of its Web site, nor access to its different pages, and shall be exempt from any liability for damages of any kind that might arise for this reason.
Neither does MIARCO accept any liability for any possible errors or shortcomings in security which might arise from the User employing a non-updated or unsafe browser in respect of any damages, errors or inaccuracies which might stem from any malfunction.
In order to reduce the risk of viruses infecting the Web site, MIARCO uses virus scanner programmes to monitor all the Content inserted on the Web site. However, MIARCO does not guarantee the absence of viruses, nor of other elements on the Web site that may have been inserted by third parties without MIARCO’s knowledge which might cause alterations in the Users’ systems or in the electronic documents and files stored in their systems. MIARCO will consequently not be liable under any circumstances for any damages of any kind which might arise through the presence of viruses or other elements which might cause alterations to the Users’ systems, documents or files.
MIARCO adopts different means of protection to protect the Web site, the data received and its Contents from cyber attacks by third parties. However, MIARCO does not guarantee that unauthorised third parties will be unable to gain access to the User’s browsing on or use of the Web site or to the conditions, characteristics or circumstances in which this is done. Consequently MIARCO shall not under any circumstances be liable for any damages which might arise from said unauthorised access. MIARCO shall not under any circumstances be liable for the use that Users and/or third parties might make of the Web site or the Contents, nor for any damages which might arise from this.
4.2. Exclusion of guarantees and of liability as regards the use of third party Links on the Web site
MIARCO checks the content found on the web sites to which it connects at the time when a Link to these is set up. MIARCO includes these Links on the Web site at that time in good faith and in the belief that said content complies with applicable legislation. MIARCO shall not accept any liability under any circumstances, nor approves or appropriates the products, services, content, information, data, files and any kind of material existing on third party web sites. In addition, it does not control or accept liability for, approve or appropriate any successive modifications of these materials. MIARCO shall delete the links to the web sites which infringe applicable legislation and/or damage third party rights should it deem fit or be required to do so by a legal or administrative order.
5. ACTION IN THE CASE OF NON-COMPLIANCE
MIARCO reserves the right to bring any action available in law to demand accountability for the failure of any User to comply with any of the provisions in the General Conditions for Use of the Web Site.
6. PARTIAL NULLITY
The declaration of any of the clauses contained in these General Conditions as being null, void or ineffective shall not affect the validity or effectiveness of the rest, which shall continue to be binding between the parties. Any waiver or failure to act by either of the parties at any time in demanding compliance with any of the General Conditions stipulated herein shall not be construed as any general waiver of the compliance of any other condition or conditions, nor shall this create any vested right for the other party.
7. APPLICABLE LAW AND JURISDICTION
These General Conditions shall be governed by what is laid down in Spanish legislation.
In the event of any disagreement concerning the conditions for use of and access to this Web site contained in the General Conditions for Use of the Web Site, the parties shall submit to the Courts and Tribunals of the city of Valencia, expressly relinquishing any other jurisdiction to which they might be entitled, unless this is determined otherwise by legal obligation.