1.- Ownership of the Website
In accordance with the provisions of article 10 of Law 34/2002, July 11, on Information Society Services and Electronic Commerce (hereinafter, “LSSI”), we inform you that the page crucerosfisterra .com (hereinafter, the “Website” or the “Portal”) is operated by : PEDRO OLIVER MOURE SANTOS (hereinafter, the “Company”), with C.I.F. : 32819729V, registered in the Commercial Registry of () Volume: Book: Folio: Sheet: Inscription: , whose registered office is at AVDA.ANCHOA, 9 – 15154 Finisterre (A Coruña).
2.‐ Use of the Portal
This Legal Notice (hereinafter, “Legal Notice”), establishes the conditions that regulate the use of the information society services that the “Company” makes available to users of the Internet through the Website. .
In this way, access and use of the Website imply that the user thereof (hereinafter, the “User”) fully accepts and is obliged to fully comply with this Legal Notice, the Terms and Conditions, as well as the instructions or recommendations indicated in each specific case through the Website. Access to the Website is free, except for the cost of connection through the telecommunications network provided by the access provider that the User has contracted.
The “Company” reserves the right to make, at any time and without prior notice, modifications and updates to the Website and its contents, configuration and presentation, including this Legal Notice and the Terms and Conditions, so we recommend its use. reading before each access and navigation through the Portal.
The User undertakes not to use the Website for fraudulent purposes, as well as not to carry out any conduct that could damage the image, interests and rights of the “Company” or third parties, obligating themselves to use the Portal, the services and the contents included therein in a diligent, correct and lawful manner. In particular, the User undertakes to refrain from: deleting, evading or manipulating the “copyright” and other data identifying the rights of its owners incorporated into the contents of the Portal, as well as the technical protection devices, or any information mechanisms. that could include said contents. Likewise, the User undertakes not to carry out any act with the aim of damaging, disabling or overloading the Website, or that would prevent, in any way, the normal use and functioning of the same.
In the event that you breach this Legal Notice and/or the Terms and Conditions, or in the event that we reasonably suspect that you are breaching them, the Company reserves the right to limit, suspend or terminate your access to the Website, adopting any technical measure that is necessary for that purpose. Likewise, the “Company” reserves the right to decide, at any time, on the continuity of the services it provides through the Portal.
3.‐ Intellectual and industrial property.
The intellectual property rights over the layout of the contents of the Website (including the sui generis right over the database), its graphic design (look & feel), the distinctive signs (brands and trade names), the underlying computer programs (including the source codes), as well as the different elements that make up the Portal (texts, graphics, photographs, videos, etc.) correspond to the “Company” or it has, where appropriate, the right to use and exploit them, and in this sense they constitute works protected by current intellectual and industrial property legislation.
The use of the Website by the User in no way implies the transfer of any intellectual and/or industrial property rights over the Portal, its contents and/or the distinctive signs of the “Company”. To this end, through this Legal Notice, except in those cases in which it is legally permitted, the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting and/or reusing the Website, its contents and/or the distinctive signs of the “Company”.
The reproduction of elements or contents of the Website for profit or commercial purposes is expressly and strictly prohibited.
4.‐ Limitation of Liability
The User acknowledges and accepts that the use of the Website is carried out at all times under his or her entire risk and responsibility, so the “Company” is not responsible for any misuse or improper use that may be made of the Portal. To this end, it will only be responsible for any damages that the User may suffer due to the use of the Website, when said damages are due to our intentional actions. In particular, the “Company” will not be responsible for:
The content of the sites linked through the links included within the Website. In this regard, the terms set out in section 5 of this Legal Notice will apply.
Damage of any kind caused to the User’s computer equipment by viruses, worms, Trojan horses or any other harmful element. The User acknowledges that the use of the Internet network implies the assumption of a risk that their computer equipment may be affected by the elements stated above. To this end, it is up to the User, in any case, to make available appropriate tools for the detection and elimination of harmful electronic programs.
Damages of any kind caused to the User that are caused by failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Website service during or prior to its provision. In this regard, the User acknowledges that access to the Portal requires services provided by third parties outside the control of the “Company”.
The Website includes technical link devices (links) that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In these cases, the “Company” acts as a provider of intermediation services in accordance with article 17 of the LSSI, and will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, please notify the “Company” via the email address listed on the “Website”. In no case will this communication entail the obligation to remove the corresponding link. The existence of Linked Sites in no way implies that the “Company” has actual or any other type of knowledge of their services and content in the event of illegality, nor that it necessarily maintains agreements with those responsible or owners of the Linked Sites. Nor does the existence of said links imply recommendation, promotion, identification or compliance of the “Company” with the statements, content or services provided through the Linked Sites. Consequently, the “Company” is not responsible for the content of the Linked Sites, nor for their conditions of use and confidentiality policies, and the User is solely responsible for checking and accepting them each time they access and use them.
The User and, in general, any natural or legal person who intends to establish a link from their page or site to the Portal, must obtain prior written authorization from the “Company”. The establishment of said link does not imply in any case the existence of relations between the “Company” and the owner or owner of the site or page on which it is established, nor the acceptance or approval by the “Company” of its contents or services.
The use of the Website is governed and interpreted in accordance with Spanish law and it will be understood that, by using the Portal, the User agrees that any conflict or litigation that may arise between the user and the “Company” will be dealt with by the courts and tribunals of the locality where the “Company” has its registered office. In the event that any of the provisions contained in this Legal Notice are declared void, it will be withdrawn or replaced. In any case, said declaration of nullity will not affect the validity of the rest of the provisions contained in this Legal Notice.
7.1. Access to the website by Users is free of charge, however, some of the services and content offered by THE OWNER may be subject to prior contracting of the service or product and payment of an amount of money in the manner determined in the corresponding Specific Conditions, in which case they will be made available to you in a clear manner.
7.3. That contracting can only be carried out by those authorized by current legislation to do so.
8.- Communications license
8.1. In the event that the User sends information of any type to the Owner, the User declares, guarantees and accepts that he has the right to do so freely, that said information does not infringe any intellectual property, trademark, patent, trade secret, or any other third party right, that said information is not confidential and that said information is not harmful to third parties.
8.2. The User acknowledges assuming responsibility and will release the Owner from any liability for any communication provided personally or on his behalf, said responsibility reaching without any restriction the accuracy, legality, originality and ownership of the same.
9.- Responsibilities and guarantees
THE OWNER is only responsible for the content provided by the website managers, but in no case for the content that the user downloads from the website and that may damage the equipment from which he works. However, the Owner declares that he has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the website and prevent the existence and transmission of viruses and other harmful components to Users.
10.- Other issues of interest
10.1. In the event of a discrepancy between what is established in these general conditions and the particular conditions of each specific service, the provisions of the latter will prevail.
10.2. In the event that any provision or provisions of these general conditions are(are) considered null or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or non-application will not affect the other provisions of the general conditions or the particular conditions of the different services provided by the Owner.
The relationships established between the Owner and the User will be governed by the provisions of current regulations regarding applicable legislation and competent jurisdiction. However, for cases in which the regulations provide for the possibility for the parties to submit to a jurisdiction, the Owner and the User expressly renounce any other jurisdiction that may apply to them, and submit to the Courts and Tribunals of the Owner’s domicile.