1. Legal information and acceptance
These provisions regulate the use of the services on the Website https://www.melgarcases.com/ (hereinafter the “Website“) that FRANCISCO JAVIER MARTÍNEZ ROMÁN (hereinafter “MELGAR“) puts at the disposal of internet users.
MELGAR, domiciled at Calle Botica, nº 17 de Ubrique (Cádiz), España and holder of tax ID number 31266107-E.
Access to the Website is free of charge, except for the cost of connection by means of the telecommunication network supplied by the service provider contracted by the users.
Access and use of the Website attribute the condition of user of the Website (hereinafter, the “User”) and implicates the acceptance of all the conditions included in this Legal Notice, as well as any modifications herein. The Website service is provided for a duration that is limited to the moment when User is connected to the Website or to any of the services provided through the Website. The User must therefore read this Legal Notice carefully each time he/she intends to use the Website, since the Website and the conditions for its use as set forth in this Legal Notice may undergo modifications.
Certain Website services accessible to Users or exclusive to MELGAR clients may be subject to particular conditions, regulations or instructions that, if appropriate, substitute, complete and/or amend this Legal Notice and must be accepted by the User before the provision of the relevant service commences.
The Website is primarily aimed at Users who are residents in Spain. MELGAR cannot guarantee that the Website completely or partially complies with legislation in other countries. If the User resides, or is currently living, in any other place and decides to access and/or utilise this Website, they will do so at their own responsibility and risk and should ensure that such access and/or use complies with the applicable local legislation, MELGAR does not assume any responsibility that may be derived from such access.
2. Intellectual and industrial property
All content and/or any other elements of the Website, which is understood to include but not be limited to text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as their graphic design and source codes (hereinafter, the ‘Content‘), is the intellectual property of MELGAR or of third parties, and no exploitation rights recognized by the intellectual property legislation in force can be deemed to have been licensed to the User except where strictly necessary for the use of the Website.
All trademarks, trade names or distinctive signs are the property of MELGAR or third parties, and access to the Website cannot be deemed to attribute any right to such trademarks, trade names and/or distinctive signs.
By virtue of that provided in Royal Legislative Decree 1/1996, of 12 April, which approves the Consolidated Text on the Intellectual Property Law, regulating, clarifying and harmonising the in force legislation on the subject, the public reproduction, distribution and communication, including the means by which they are made available, of all or part of the Content, to commercial ends, on any media and by any technical means, without the express written authorisation of MELGAR or a third party holder of the affected rights, is expressly prohibited.
The User agrees to respect the intellectual and industrial property rights belonging to MELGAR and/or third parties.
3. Conditions of use of the Website
The User recognises and accepts that access and use of the Website takes place freely and knowingly, under their exclusive responsibility.
The User agrees to a correct and licit use of the Website in accordance with the Law, this Legal Notice, good faith and public order. The User will be liable to MELGAR or to third parties for any loss or damage that may be caused as a result of a breach of this obligation.
Use of the Website for purposes that damage the property or interests of MELGAR or of third parties, or otherwise overload, damage or disable networks, servers and other computer equipment (hardware) or products and applications (software) belonging to MELGAR or to third parties, is expressly prohibited.
The following actions are also prohibited:
• Using computer viruses or any other code or programme that is designed or used to interrupt, damage or limit the operation of any software, hardware or piece of telecommunications equipment, or harm or obtain unauthorised access to data or other information belonging to MELGAR or third parties.
• Using false identities, interfering with or interrupting the service servers or networks connected to the services or not complying with the requirements, procedures, policies and regulations of networks connected to the services.
• Using command sequences or screen scraping to compile information or interact with MELGAR.
• Systematically recovering data or other MELGAR content in order to directly or indirectly create, in individual or multiple downloads, a collection of data, whether manually or through the use of bots, sniffers or similar mechanisms.
• Any attempt to test the vulnerability of MELGAR’s systems or networks or violate any security or authentication measure.
• Falsify or alter any of MELGAR’s information.
• Attempting to decode, decompile or disassemble MELGAR’s software or that of third parties.
• Deleting, hiding or manipulating notes on Copyrights and other identification data belonging to MELGAR or third parties incorporated in the Content, as well as technical protection devices and any other information mechanism that may be inserted into the Content.
• Collaborating with a third party in carrying out any of the actions described.
The User undertakes to use the Content in conformity with the Law, this Legal Notice, good faith and public order, as well as with any other conditions, regulations or instructions that may be applicable in conformity with the provisions of Clause 1.
The User must, in accordance with the legislation in force and without limitation, refrain from:
a) Reproducing, copying, distributing, making available, publicly disclosing, altering or modifying the Content, except in cases authorized by Law or, as the case may be, expressly consented to by MELGAR in writing or by the holder of the rights of exploitation.
b) Reproducing or copying for private use any Content that may be regarded as software or as a database in conformity with the intellectual property legislation in force, or publicly disclosing the Content or making it available to third parties, where such acts necessarily imply reproduction by the User or by a third party.
c) Extracting and/or reusing all or a substantial part of the Content on the Website, or of any databases that MELGAR may make available to Users.
d) Obtaining or trying to obtain the Content by using means or procedures other than those which, depending on the case, have been made available to them for that purpose or have been expressly indicated on the Website or, in general, those which are habitually used on the internet in order to not entail any risk of harm or deactivation of the Website and/or the Services.
3.3 Adding links to the Website
Any internet Users who wish to insert links from their own websites to the Website must comply with the conditions detailed below, and ignorance of such conditions will not relieve him/her of any liability under the law:
a) The link will only be to the Website home page and may not reproduce it in any way (inline links, copying of text, graphics, etc).
b) In accordance with the applicable legislation in force at all times, it is forbidden in all cases to establish frames of any kind around the Website, or permit the Content to be viewed through URLs other than the Website URL and, in any case, where the Content can be viewed together with content outside the Website, such that: (i) it causes, or may cause, error or confusion in, or misleads or may mislead, Users as to the true origin of the service or Content; (ii) constitutes an act of comparison or imitation; (iii) serves to take advantage of the reputation of MELGAR‘s brand and prestige; or (iv) is otherwise prohibited by the legislation in force.
c) No false, inaccurate or incorrect statement whatsoever regarding MELGAR, its directors, members, employees or clients, or of the quality of the services that it provides, may be made on the page inserting the link.
d) Under no circumstances will it be stated on the website where the link is located that MELGAR has consented to the insertion of the link, or otherwise sponsors, collaborates with, verifies or supervises the services of the website where the link appears.
e) It is forbidden to use any word mark, figurative mark or combined mark or any other distinctive sign of MELGAR on the website where the link appears, except in cases permitted by law or expressly authorised by MELGAR in writing and provided that a direct link to the Website is permitted in such cases in the manner established in this Clause.
f) The page on which the link is created must faithfully comply with the law and may not, in any circumstances, have or be linked to proprietary or third-party content that: (i) is unlawful, noxious, immoral or indecent (content that is pornographic, violent, racist, etc.); (ii) induces or may induce the User into the false belief that MELGAR subscribes to, endorses, adheres to, or in any way supports the ideas, representations or expressions, lawful or unlawful, appearing on the website where the link is located; (iii) is inappropriate or irrelevant to MELGAR‘s activities in terms of the place, content and theme of the website where the link appears.
4. Exclusion of liability
4.1 From Information
The User accepts that MELGAR assumes no responsibility for the delay, deletion, erroneous delivery and/or failure to store User communications or personal settings.
MELGAR also does not assume liability for decisions taken based on the information provided on the Website nor any of the damages to the User or third parties arising from actions that are based exclusively on the information obtained from the Website.
4.2 From quality of service
We reserve the right to refuse to provide the service for anyone for any reason and/or discontinue the service or any part thereof, with or without prior notice.
Use of this Website is subject to all applicable regulations and the User is solely responsible for the content of their communications on the Website.
Access to the Website does not imply any obligation on the part of MELGAR to control the absence of viruses, worms or any other malicious software. The User is responsible in all cases for having adequate tools for detecting and disinfecting malicious software.
MELGAR is not liable for any damage to the hardware of Users or of third parties during the provision of the Website service.
MELGAR does not give any guarantees and is in no case liable for damages or detriment of any kind arising from access to or the use of the Content on the Website. Among others, including and not limited to, MELGAR will not be held responsible for the following circumstances:
• the absence of maintenance and effective operation of the Website and/or of its services or Content.
• lack of usefulness of the Website or of the Contents for any given activity.
• the existence of viruses, malicious or harmful programmes in the Content.
• the receiving, obtaining, storing, spreading or transmitting of Contents by Users.
• the illicit, negligent or fraudulent use, contrary to the general terms of the Legal Advise, or to good faith, of the generally accepted uses, or of the public order, of the Website and its Contents, by the User.
4.3 From the availability of the service
Access to the Website requires services and supplies from third parties, including transmission through telecommunications networks, the reliability, quality, continuity and functionality of which are not the responsibility of MELGAR. Accordingly, services provided through the Website may be suspended, cancelled or blocked, prior or simultaneous to the provision of the Website service.
MELGAR no se responsabiliza de los daños o perjuicios de cualquier tipo producidos en el Usuario que traigan causa de fallos o desconexiones en las redes de telecomunicaciones, fallos informáticos u otros sistemas electrónicos que produzcan la suspensión, cancelación o interrupción del servicio del Sitio Web durante la prestación del mismo o con carácter previo.
4.4 On the content and services linked through the Website
The Website access service includes technical linking devices, directories and even search tools that permit the User to access other websites and internet portals (hereinafter, ‘Linked Sites’). In such cases, MELGAR acts as a intermediation service provider in conformity with Article 17 of Information Society Services and Electronic Commerce Law 34/2002, of July 12, 2002 (the “LSSI”) and will only be liable for the content and services supplied on Linked Sites to the extent that MELGAR is actually aware of their unlawfulness and has not disabled the link with due care. If the User considers that there is a Linked Site with unlawful or inappropriate content, the User may communicate this to MELGAR in accordance with the procedure and the effects established in Clause 6, although such communication will not, under any circumstances, entail any obligation to remove the link in question.
Under no circumstances must the existence of Linked Sites presuppose the existence of agreements with the owners or persons in charge of those Linked Sites, or any recommendation, promotion or identification of MELGAR with, the representations, content or services provided. The Linked Sites are provided solely for reference purposes.
Although MELGAR only provides links to websites that to the best of its knowledge meet the applicable legislation, MELGAR is not aware and does not approve of the content or services of Linked Sites and, therefore, cannot be held liable for any damage caused by the unlawfulness, quality, obsoleteness, unavailability, error or ineffectuality of the content and/or services of Linked Sites, or for any other damage that is not directly attributable to MELGAR.
We reserve the right to remove or block access to this content suspected of being illicit or detrimental to assets or rights of third parties subject to compensation and including cases in which we have effective knowledge of this, whether through court decision, administrative order or any other means.
5. Communication of illicit and inappropriate activities
If the User or any other internet user becomes aware of Linked Sites that redirect him to websites, the content or services of which are unlawful, noxious, degrading, violent or immoral, one may contact MELGAR indicating the following:
a) Personal data of the communicating party: name, address, telephone number and e-mail address;
b) Description of the facts that reveal the unlawful or inappropriate nature of the Linked Site;
c) Where rights such as intellectual or industrial property rights are infringed, the personal data of the holder of the infringed right, where the holder is not the communicating party. He must also produce an instrument that substantiates the standing of the holder of the rights and, as the case may be, his authority to act on behalf of the holder where the holder is not the communicating party;
d) An express representation that the information contained in the communication is accurate.
Receipt by MELGAR of the communication provided for in this clause will not imply, pursuant to the provisions of the LSSI, actual knowledge of the activities and/or content indicated by the communicating party.
Likewise, a certificate must be provided to demonstrate the legitimacy of the holder of the rights and, where applicable, the authority to act on behalf of the holder when it is a person other than the communicating party, as well as an express declaration that the information contained in the communication is accurate.
Access and use of the restricted access areas of the Website done under the password assigned to a User will be registered as done by said User, who will respond to all cases of access and use. The User will be permanently responsible for the custody of their password, assuming, in consequence, all the harm and damage that could arise from its wrongful use, transfer, revelation or loss.
In the case of a forgotten password, or any other circumstance that produces a risk of access and/or use by unauthorised third parties, the User should immediately communicate this with MELGAR, who will in turn immediately block and substitute it. Any operations undertaken before it is communicated will be taken as done by the holder of the password, who will be responsible, and pay for the costs and/or harm derived from any unauthorised access and/or use before said communication.
7. Duration and Modification
The conditions of the present Legal Notice will be enforced until they are changed, and when MELGAR makes such changes, they will be communicated to the User.
MELGAR can suppress, add or change both the Contents and services offered, in addition to the form in which they appear located or presented. The terms that are current and published when the User accesses the Web Site are understood to be enforced. MELGAR invites you to regularly consult the current Legal Notice.
8. Legislation and Jurisdiction
The present Legal Notice is governed in each of its points by Spanish law for the resolution of any controversy related to the present Legal Notice or the relationship between its points.