Legal Notice
1. Legal information and acceptance
The present dispositions regulate the use of the service of the Web Site (hereafter, the “Web Site”) that César Notario Rubio – Xenon Spain makes available to the users of Internet.
Caesar Notario Rubio – Xenon Spain. Address: Vistalmar 36 bajo, Torremolinos, 29620, Málaga (Spain). Telephone number. +34 . VAT ID. 04206220A.
The access to the Web Site is free, excepting the cost of the connection through the telecommunication network provided by the access provided hired by the users.
The access and use of the Web Site gives the condition of user of the Web Site (hereafter, the “User”) and implies the acceptance of all the conditions included in this Legal Notice, and also its modifications. The provision of the service of the Web Site has a duration limited to the moment in which the User is in the Web Site or any of the services provided by it. The User must read with attention the present Legal Notice in every occasion in which they want to use the Web Site, as this and its conditions of use stated in the present Legal Notice can be modified.
Some services of the Web Site accessible for the Users or exclusive for the clients of César Notario Rubio – Xenon Spain can be subject to specific conditions, regulations or instructions that, in that case, substitute, complete and/or modify the present Legal Notice, and must be accepted by the User before the beginning of the provision of the corresponding service.
The Web Site is mainly directed to Users that live in Spain. César Notario Rubio – Xenon Spain cannot guarantee that the Web Site meets the regulations of other countries, both totally and partially. If the User lives or resides in any other place but Spain and decides to access and/or use this Web Site, they will do so by their own responsibility and risk, and must be sure that such access and/or use meets the local applicable legislation, not assuming César Notario Rubio – Xenon Spain any responsibility from such access.
2. Copyright and industrial property
All the contents and/or any other elements of the Web Site, understanding as such the texts, pictures, graphs, images, icons, technology, software, links and other kinds of audio-visual or audio content, as graphic design and source code (hereafter, the “Contents”) are property of César Notario Rubio – Xenon Spain or of third-parties, without having to understand as ceded to the User any of the exploitation rights recognized by the current regulations on copyright, excepting those who are strictly necessary for the use of the Web Site.
The brands, commercial names or distinctive signs are property of César Notario Rubio – Xenon Spain or third-parties, without having to understand that the access to the Web Site gives any right about the said brands, commercial names and/or distinctive signs.
According to the Royal Decree-Act 1/1996, April 12th, in which the Revised Intellectual Property Law is approved. In this text, they regulate, clear up and harmonize the current legal dispositions on copyright, where it is strictly forbidden to reproduce, distribute or communicate publicly, including the modality of the provision of the whole part or a part of the Contents with commercial purposes in any support or any technical media without the explicit authorization by written notice of César Notario Rubio – Xenon Spain, or the third-party owning the
affected rights.
The User is committed to respect the intellectual and industrial property rights owned by César Notario Rubio – Xenon Spain and/or third-parties.
3. Conditions of the use of the website
3.1 General
The User reckons and accepts that the access and use of the Web Site is willingly and consciously, under their exclusive responsibility.
The User is forced to use the Web Site in a right and legal way, according to the law, the present Legal Notice, the good faith and the public order. The User will respond to César Notario Rubio – Xenon Spain or to third-parties on any harm or prejudice that can happen as a consequence of the failure to comply with said duty.
It is strictly forbidden the use of the Web Site with detrimental purposes of property and interests of César Notario Rubio – Xenon Spain or third-parties, or that in any form overload, damage or disable the networks, servers and any other computer equipment (hardware) or products and computer applications (software) of César Notario Rubio – Xenon Spain or third-parties.
It is also forbidden the following actions:
– The use of computer virus or any other code, file or program designed or intended for interrupting, damaging or limiting the operation of any software, hardware or telecommunication equipment, or damaging or gaining unauthorized access to the data or any other information of César Notario Rubio – Xenon Spain or third-parties.
– Phishing, interfering or interrupting the service, servers or networks connected to the services, or the failure to meeting the requirements, procedures, policies or regulations of networks connected to the services.
– Using sequential automatized commands or screen scraping to obtain information or interact with César Notario Rubio – Xenon Spain.
– Getting data in a systematic way or any other content by César Notario Rubio – Xenon Spain to create, directly or indirectly, in a single download or several downloads, a data collection, both manually or through bots, trackers or similar devices. Accessing, manipulating or using private areas of the Web Site, the computer systems of César Notario Rubio – Xenon Spain or her providers’ systems.
– Any attempt of trying the vulnerability of any system or network of César Notario Rubio – Xenon Spain or breaking any security or authentication measure.
– Faking or altering any information of César Notario Rubio – Xenon Spain.
– Any attempt of decoding, decompiling, disassembling the software of César Notario Rubio – Xenon Spain or third-parties.
– Eliminating, hiding or manipulating the notes about copyright and any other identification data of César Notario Rubio – Xenon Spain or third-parties incorporated to the Contents, besides the technical devices of protection or any other information mechanisms that can be inserted into Contents.
– Collaborating with a third party to carry out any of the said behaviour.
3.2 Contents
The User is committed to use the Contents according to the Law, the present Legal Notice, the good faith and the public order, apart from the other conditions, regulations and instructions that can be eligible according to what is stated in the first point.
With a merely informative nature, the User, according to the current law, must abstain from:
a) Reproducing, copying, distributing, putting at public’s disposal, communicating publicly, transforming or modifying the Contents, excepting in those cases authorized by the Law or with an explicit consent by César Notario Rubio – Xenon Spain, by written notice, or by those owning the exploitation rights.
b) Reproducing or copying for private use of the Contents that can be considered as a software or a database according to the current regulations on property intellectual rights, besides the public communication or put at third-parties’ disposal when these acts imply necessarily the reproduction by the User of a third one.
c) Extracting and/or reusing the total part or a big part of the Contents inserted in the Web Site, besides the databases that César Notario Rubio – Xenon Spain puts at Users’ disposal.
d) Obtaining or attempting to obtain the Contents using media or procedures different to those, according to each particular case, have been at their disposal or have been indicated explicitly in the Web Site, or, generally, of those who are usually used on Internet because of the lack of damage or disablement risk of the Web Site and/or the Services.
3.3 Introduction of links to the Website
The Users who want to introduce links from their own pages to the Web Site must meet the conditions detailed below, being the lack of knowledge about them not an excuse to avoid the responsibilities before the Law:
a) The link will only direct to the home page or main page of the Web Site, but will not reproduce it in any way (inline links, copy of the texts, graphs, etc.).
b) It is forbidden in every case, according to the applicable and current legislation in every moment, to establish frames of any type that surround the Web Site or that allow the view of the Contents from web addresses different to the one from the Web Site. In any case, when the Contents are viewed together with contents that are not from the Web Site in the cases where: (i) they can create, or may create, confusion or be tricky in the Users about the actual source of the service or Contents; (ii) they are a comparative or imitation; (iii) they are used to leverage the reputation of the brand and prestige of César Notario Rubio – Xenon Spain; or (iv) it is forbidden nonetheless according the current legislation.
c) There will not be any kind of fake, inexact or wrong information about César Notario Rubio – Xenon Spain, her directives, partners, employees, clients or the quality of her services in the web page that introduces the links.
d) In no case, a consent by César Notario Rubio – Xenon Spain will not be presented in the web page where the link will be held for the insertion of the link or that in any other way promotes, collaborates, verifies or supervises the services of the sender.
e) It is forbidden to use any name, graphic or mixed brand, or any other distinctive sign of César Notario Rubio – Xenon Spain in the sender web page, excepting the cases allowed by the Law or explicitly authorized by César Notario Rubio – Xenon Spain by written notice and, always that is possible, in these cases, there must be a direct link with the Web Site in the way stated in this point.
f) The page establishing the link will have to meet the Law and will not be able in any case to have or link own or third-party contents that: (i) are illegal, harmful or opposite to the moral and the good manners (porn, violence, racist content, etc.); (ii) lead to or may lead the User to think that César Notario Rubio – Xenon Spain endorses, supports, adheres or in any way approves of the ideas, manifestations or expressions, both legal and illegal of the sender; (iii) are inappropriate or not relevant with the activity of César Notario Rubio – Xenon Spain regarding the place, contents and theme of the web page of the sender.
4. Liability exclusion
4.1 On the information
The User accepts that César Notario Rubio – Xenon Spain does not assume any responsibility for the delay, deletion, wrong sending or failure to save communications by Users or customized configurations.
César Notario Rubio – Xenon Spain neither takes responsibility on the decisions made from the information given in the Web Site nor on the harms and prejudices on the User or third-parties because of actions that have as the only foundation the information obtained in this Web Site.
4.2 On the quality of the service
We reserve the right to deny to give the service to any person for any reason and/or to interrupt the service totally or partially in any moment, with or without a previous notice.
The using of the Web Site is subject to the applicable regulations and the User will be the only responsible person of the content of their communications via the Web Site.
The access to the Web Site does not imply the obligation of César Notario Rubio – Xenon Spain of controlling the absence of virus, worms or any other harmful computer element. It is duty of the User, in all cases, to have the suitable tools to detect and eliminate harmful computer programs.
César Notario Rubio – Xenon Spain takes no responsibility on any damages produced in the computer equipment of the Users or third-parties during the provision of the service of the Web Site.
César Notario Rubio – Xenon Spain does not give any guarantees neither takes any responsibility, in any case, of the damages and prejudices of any nature that can derive from the access or using of the Contents or the Web Site. In an expository manner, but not limited, César Notario Rubio – Xenon Spain does not takes responsibility in the following circumstances:
– the lack of maintenance and the effective operation of the Web Site and/or its services and Contents.
– lack of usefulness of the Web Site or the contents for any activity.
– the existence of virus, harmful or malicious programs in the Contents.
– the reception, obtaining, storage, diffusion or transmission of the Contents by the Users.
– the use of the Web Site, its Contents if it is illicit, negligent, fraudulent, opposite to the present Legal Notice, the good faith or the public order by the Users.
4.3 On the availability of the service
The access to the Web Site requires third-party services and supplies. César Notario Rubio – Xenon Spain is not responsible of any of these, including the transport via telecommunication networks whose reliability, quality, continuity and operation, Therefore, services supplied via the Web Site can be suspended, cancelled or inaccessible, both previously and during the use of the service of the Web Site.
César Notario Rubio – Xenon Spain takes no responsibility or any damages or prejudices of any type produced to the User that have as a source failures or disconnection of the telecommunication networks, failures related to computer equipment that give as a result the suspension, cancellation or interruption of the Web Site service during the provision of the service or previously stated.
4.4 On the contents and services linked via the Web Site
The access service to the Web Site includes linking technical devices, directories and even search engines that let the User access to other web pages (hereafter, “Linked Sites”). In these cases, César Notario Rubio – Xenon Spain acts as a mediation service supplier, according to the article 17 of the Law 34/2002, of July 12th, on Society Services of the Information and E-commerce (“LSSI”), and will only be responsible of the contents and services given in the Linked Sites in the measure that she has effective knowledge of the illegality and has not deactivated the link with the proper speed. In the case that the User considers there is a Linked Site with illicit or inappropriate contents, they have the chance to contact with César Notario Rubio – Xenon Spain according to the produce and effects established in the 6th point of this Legal Notice, without in any case this communication means the obligation to remove the corresponding link.
In any case, the existence of Linked Sites must presuppose the existence of agreements with the responsible people or owners of these links, without the recommendation, promotion or endorsement of César Notario Rubio – Xenon Spain with the manifestations, contents or services provided. The Linked Sites are obtained only as a reference.
Even though César Notario Rubio – Xenon Spain only facilitates these links to web sites that are, as far as she knows, meeting the current legislation, César Notario Rubio – Xenon Spain does not know or approves of the contents and services of the Linked Sites, and therefore is not responsible of any damages made by the illegality, quality, lack of update, lack of service, failure or uselessness of the contents and/or services of the Linked Sites neither any other damages directly chargeable to César
Notario Rubio – Xenon Spain.
We reserve the right to remove or block the access to said contents under suspect that they are eventually illegal or can harm property or rights of third-parties that are liable of compensation, and, of course, in those case where we have effective knowledge of it, whatever it is via legal ruling, administrative ruling or any other means.
5. Communication of illegal or inappropriate activities
In the case that the User or any other user of the Internet had knowledge of the Linked Sites to send to pages whose contents or services are illegal, harmful, denigrating, violent or opposite to moral can contact César Notario Rubio – Xenon Spain, indicating the following:
a) Sender’s personal information: name, address, telephone number and e-mail address;
b) Description of the facts that disclose the illegal or inappropriate character of the Linked Site;
c) In the case of violation of rights, such as intellectual or industrial property, the personal data of the owner of the infringed right when they are a person different from the communicating party. They must also provide the title that proves the legitimacy of the owner of the rights and, where appropriate, the representation to act on behalf of the owner when the person is different from the communicating party;
d) Express statement that the information contained in the claim is accurate.
The reception by César Notario Rubio – Xenon Spain of the communication provided in this Clause will not imply, according to the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicator.
They must also provide the title that proves the legitimacy of the owner of the rights and, where appropriate, the representation to act on behalf of the owner when the person is different from the communicating party and also the express statement that the information contained in the claim is accurate.
6. Duration and modification
The conditions of this Legal Notice will be valid until they are modified, but César Notario Rubio – Xenon Spain can make these changes that will be communicated to the User.
César Notario Rubio – Xenon Spain may delete, add or change both the Contents and the services provided, as well as the way in which they appear located or presented. The conditions that are published at the moment in which the User accesses the Website are understood as valid. César Notario Rubio – Xenon Spain invites you to consult this Legal Notice periodically.
7. Legislation and competent jurisdiction
The present Legal Notice is governed in each and every one of its extremes by Spanish law for the resolution of any dispute in relation to this Legal Notice or the relationship between them.