Any person who accesses the Website has User status (hereinafter, the “User”) and hereby accepts all terms included in this Disclaimer. If the User does not agree to the terms of the Disclaimer, it should immediately exit the Website without making use thereof.
By accepting this Disclaimer, Users state:
- a) That they have read, understand and comprehend what is set forth herein.
- b) That they assume all obligations set forth herein.
All users should read this Disclaimer carefully each time they access the Website, since the Website and Disclaimer may be modified.
In compliance with the reporting obligation contained in article 10 of Spanish Law 34/2002, of 11 July, on Information Society and E-Commerce Services [Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico], the following data are identified below:
Owner – OPENERS AND CLOSERS, S.L. (hereinafter, “O&C”).
Registered offices – Calle Agricultura 17 (Nave 12) 08980 Sant Feliu de Llobregat, Barcelona, Spain.
Tax Identification Number (C.I.F.) – B58625591
Email – email@example.com
Telephone – 0034 93 408 05 15
Registry Data – Barcelona Mercantile Registry. Volume 22239, Folio 141, Sheet B-33637.
ACCESS TO THE WEBSITE
Access to the Website is free-of-charge except with respect to the connection charge paid by the User for access through the telecommunications network supplied by the access provider.
O&C reserves the right in all cases to make any modifications deemed appropriate in the Website. This means that O&C may change, delete or add any content or services rendered by means thereof, as well as the manner in which these are displayed or located on its Website.
RULES FOR USE OF THE WEBSITE
The User undertakes to use the Website and all of its content and services as established by Law, morals, public order and this Disclaimer. Furthermore, the User undertakes to make appropriate use of the services and/or content of the Website and to refrain from performing any unlawful activities or any that constitute an offence, violate third-party rights and/or infringe the regulation of intellectual and industrial property, or any other applicable rules of the legal system.
The User undertakes not to transfer, insert, disseminate and place at the disposal of third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morals, public order and this Disclaimer. For illustrative purposes and without being limited or exclusive thereto, the User undertakes [sic]:
- To cause damage in the systems of O&C, its providers or third parties, as well as to insert and/or disseminate computer viruses or any other physical or logical systems that may cause the aforementioned damage;
- To result in unlawful, illegal activities or those that are contrary to good faith and public order.
III. To disclose content or propaganda of a racist, xenophobic, pornographic nature or those that incite terrorism or violate human rights;
- To endeavor access and, as appropriate, use the email accounts of other Users. In no case will O&Cbe liable for any opinions expressed by Users by means of the forums, chats or other tools for participation that, as appropriate, could be made available by O&C.
INTELLECTUAL AND INDUSTRIAL PROPERTY.
All industrial and intellectual property rights, as well as any information contained on the Website (images, brands, graphic designs, source code, design, navigation structure, databases and any other content that may appear on it) are the exclusive property of O&C or, as appropriate, duly licensed by the owner. Any names of other products, services and companies appearing in this document or on the Website may be brands or other distinctive signs registered by their respective and rightful owners, without it being understood that the access or use of the Website attributes any right whatsoever to the User to the aforementioned brands and other registered distinctive signs. Furthermore, all information and content of the Website are protected by copyrights and the intellectual property of these belongs to O&C or, as appropriate, their use and operation has been duly authorized by the owner, without the ability to deem any of the exploitation rights related thereto, beyond what is strictly necessary for the proper use of the Website, as assigned to the User.
Within the described context, Users are solely authorized to view and obtain a temporary private copy of the content for exclusive personal and private use in their computer systems (software and hardware) and may not be subsequently assigned to third parties. Barring the aforementioned exceptions, Users are expressly prohibited from the reproduction, transformation, distribution, public communication, placement at disposal, extraction, reuse, forwarding or use of any type, by any means or procedure, of any of these, except when legally permitted or expressly authorized in writing by O&C and/or the owner of the corresponding rights. For illustrative purposes and without being limited thereto:
- The User is not authorized to use the information contained on the Website for undertaking activities of a commercial or professional nature (direct sale or for any other type of commercial purpose, or to market such information in any other manner).
- The User is not authorized to eliminate, circumvent, tamper with the copyright and other identification data of the O&Crights, or any other protection mechanisms.
III. The User is not authorized to dismantle, decompile or invert the databases in which Website information is stored.
The unauthorized use of any information contained in the Website, its resale, as well as damage to the industrial and intellectual property rights of O&C will give rise to legally-established liabilities.
EXCLUSION FROM GUARANTEES AND LIABILITY
O&C reserves the right to suspend access to its Website, as well as the rendering of any or all content and/or services offered by means thereof at any time and without prior notice, for technical, security, control, maintenance or for any other reason. Therefore, O&C does not guarantee the reliability, availability or continuity of its Website or of any content offered on it, whereby access by Users to such web and its content is at their own risk.
Furthermore, O&C will not be liable for any temporary disruptions to the service, delays, errors, malfunctions and, in general, any other inconveniences that may be owing to causes beyond the control of O&C and/or to the willful or negligent misconduct of the Users and/or caused by Force Majeure.
Accordingly, O&C excludes, to the extent permitted by the legal system, all liability for harm and loss of any type that may be owing to the non-availability or continuity of the operation of the Website, the services, to the fallibility of the Website and the services, to failures in the access to the various web pages of the Website or any others from which the services are provided.
O&C adopts reasonably suitable security measures to detect the existence of viruses. Nevertheless, the User should be aware of the fact that the security measures for computer systems on the Internet are not entirely trustworthy and that, therefore, O&C cannot guarantee the non-existence of viruses or any other elements that may cause alterations to User computer systems (hardware and software) or to their electronic documents and files they contain.
Accordingly, O&C excludes, to the extent permitted by the legal system, any liability for harm and loss of any type that may be owing to the presence of viruses or other elements in the content of the Website, which may cause alterations to the User computer system, electronic documents and/or files they contain.
Lastly, O&C assumes no liability for any use that the User may make of Website content that may entail an infringement of any type of national or international legislation, intellectual or industrial property rights or any other third-party right.
Access to the Website as well as any use that may be made of the information contained therein is the exclusive responsibility of the party doing so. O&C will not be liable for any consequence, harm or loss that could derive from such access or use of the information. O&C is not liable for any possible security errors that may occur or for any possible harm that may be caused to the User computer system (hardware and software), the files or documents stored on it, as a result of a malfunction of the browser or the use of outdated versions thereof.
O&C is not liable for any harm or loss deriving from the use of the Website content. In particular, O&C is not liable for the content or condition of the connections or links that this Website contains and that may direct the User to other sites and web pages managed by third parties. O&C is not liable for the content or condition of such websites and pages. Neither does access to these via this Website imply that O&C recommends or approves their content.
The insertion of hyperlinks or technical link devices (for example links, banners or buttons) for commercial purposes on websites other than those of O&C, that allow access to this domain are expressly prohibited without the prior and written consent of O&C. In any event, the existence of such hyperlinks will in no case mean the existence of commercial or business relations with the owner of the Website where the hyperlink is established, or the acceptance by O&C of its content or services.
At any rate, O&C reserves the right to prohibit or disable any hyperlink or technical link device at any time (e.g. links, banners or buttons) to its website, particularly in cases of unlawfulness of the activity or content of the website in which the hyperlink or technical link device is included.
On the other hand, O&C neither guarantees nor assumes any type of liability for harm and loss sustained by access to third-party content via possible connections, interconnections or links from sites linked from www.openers-closers.com. The purpose of such hyperlinks or technical link devices (e.g. links, banners or buttons), as appropriate, is exclusively to inform Users of the existence of other sources of information or other Internet content and services. O&C will in no case be liable for any results obtained via such hyperlink or technical link devices (e.g. links or buttons) or for any consequences that may arise from the access by Users to these (linked sites). This third-party content is provided by them, whereby O&C cannot control the lawfulness of such content or the quality of the services offered on them.
O&C neither offers nor markets on its own and/or via third parties, any information, content and services available on the linked websites, and does not approve, supervise or in any way control the content and services or any type of material existing on them, whereby the User exclusively assumes all liability for browsing through them.
All notices and communications (hereinafter, “Notices”) by the User to O&C will be deemed valid for all purposes, when sent to Customer Service at the following email address firstname.lastname@example.org. Likewise, any Notices that O&C may make to the User will be deemed as validly made if it uses the data and in the manner set forth above. For these purposes, the Users represent and warrant that all data furnished by them are truthful and correct and will be kept duly updated.
This Website is prepared at all times in accordance with the principles of good faith by O&C. Nevertheless, should any third party deem that their intellectual and/or industrial property rights have been infringed, they may notify O&C of this at the address indicated above.
APPLICABLE LAW AND JURISDICTION
This Disclaimer will be governed and interpreted in accordance with Spanish legislation. For the resolution of any conflicts and expressly waiving any other venue that may be available to them, the parties choose to submit to the Courts and Tribunals of the city of Barcelona, unless Consumer and User protection rules provide otherwise.