LEGAL NOTICE

Access to the website does not require prior registration by the user, who is obliged to make correct use of the contents, and undertakes to refrain from using them in a manner contrary to the Law and public order.

Access to the website is free, except for the cost of the connection through the telecommunications network supplied by the access provider contracted by the User.

1.1. Need for Registration

In general, access to the services and contents of the Website will not require User Registration. However, the use of certain services and contents may be conditioned on the User’s prior Registration.

The data entered by the User must be accurate, current and truthful at all times. The registered User will be responsible at all times for the custody of his password, assuming consequently any damages and losses that may arise from its improper use, as well as from the transfer, disclosure or loss of the same. To this end, access to restricted areas and/or the use of services and contents made under the password of a registered User will be deemed to have been made by said registered User, who in any case will be responsible for said access and use.

1.2. Rules for use of the Website

The User undertakes to use the Website and all its content and services in accordance with the provisions of the law, morality, public order and these General Conditions. Likewise, the User undertakes to make appropriate use of the services and/or contents of the Website and not to use them to carry out illegal or criminal activities that violate the rights of third parties and/or that infringe the regulation on intellectual and industrial property, or any other rules of the applicable legal system.

The User undertakes not to transmit, introduce, disseminate and make available to 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, morality, public order and these General Conditions. By way of example, and in no way limiting or excluding, the User undertakes to:

I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic, apologia for terrorism or that violate human rights.

II.- Do not introduce or disseminate data programs (viruses and malicious software) onto the network that may cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.

III.- Do not disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.

IV.- Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising.

V.- Do not transmit unsolicited or authorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.

VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.

VII.- Not to impersonate other Users using their registration keys to the different services and/or contents of the Website.

VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the intellectual and industrial property rights, patents, trademarks or copyrights that correspond to the owners of the Website or to third parties.

IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and the legislation on data protection.

The User undertakes to hold Sanmartí 1850 harmless from any possible claim, fine, penalty or sanction that may be incurred as a result of the User’s failure to comply with any of the rules of use indicated above; in addition, Sanmartí1850 reserves the right to request compensation for any damages that may apply.

1.3 Exclusion of Liability

The User’s access to the Website does not imply for Sanmartí1850 the obligation to control the absence of viruses, worms or any other harmful computer element. The User is responsible, in any case, for the availability of appropriate tools for the detection and disinfection of harmful computer programs.

Sanmartí1850 is not responsible for damage caused to the software and computer equipment of the Users or third parties during the use of the services offered on the Website.

Sanmartí1850 is not responsible for damage or losses 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 the provision of the same or in advance.

1.4. Content and services linked through the Website

The access service to the Website includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and Portals (hereinafter, “Linked Sites”). In these cases, Sanmartí1850 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, he may communicate this to Sanmartí1850 without, in any case, this communication entailing the obligation to remove the corresponding link.

In no case should the existence of Linked Sites presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of Sanmartí1850 with the manifestations, contents or services provided.

Sanmartí1850 does not know the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by the illegality, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites, or for any other damage that is not directly attributable to Sanmartí 1850.

In cases in which the User may access or be redirected to Linked Sites that allow the contracting of services and/or products, the User knows and accepts that Sanmartí1850 acts as a mere intermediary facilitating said access, so it will not be responsible, either indirectly or subsidiarily, for damages of any nature arising from the free use and/or contracting of the services and products of said third parties, as well as for the lack of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of these. By way of example, and in no way limiting, Sanmartí1850 will not be liable for damages of any nature arising from the defective fulfillment or breach of contractual commitments acquired by third parties; the performance of acts of unfair competition and illicit advertising; the inadequacy and deception of the expectations of these services and products of third parties and the vices and defects of any kind that may occur.

1.5. Intellectual and industrial property

All the contents of the Website, including, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as the graphic design and source codes, are the intellectual property of Sanmartí1850 or third parties, without any of the exploitation rights recognized by current regulations on intellectual property being understood to be transferred to the User.

The brands, trade names or distinctive signs are the property of Sanmartí1850 or third parties, without it being understood that access to the Website confers any right over them.

By accepting these General Conditions, the User grants Sanmartí1850, free of charge and exclusively, all exploitation rights over the articles, comments and opinions (hereinafter, the contents) that the User publishes or whose publication he authorizes on the Website. This assignment will be understood to be made for the worldwide territorial scope, without any limitation, and for the maximum period of duration provided for in Royal Legislative Decree 1/1996, of April 12, by which the Consolidated Text of the Intellectual Property Law is approved, regularizing, clarifying and harmonizing the legal provisions in force on the matter. Sanmartí1850 may exploit the rights of reproduction, transformation, distribution and public communication of the contents, in the broadest sense recognized by this Law.

The User, who claims to have all intellectual property rights over the aforementioned articles, comments and opinions, undertakes to assume any claim or liability, including compensation for damages, that any third party may exercise against Sanmartí1850 for considering their rights to have been inflicted by any of the actions derived from the obligations that the User directly or indirectly contracts with these General Conditions.

Likewise, the User undertakes to hold Sanmartí1850 harmless from any damage that he or a third party may suffer as a result of the formalization of the transfer of rights regulated in this clause.