The website www.cabogataspain.com (hereinafter, the “Website”) is owned by Ramón Pons Mañosa (hereinafter, the “OWNER”), with registered office at: C / Antonio Muñoz Molina, 22, 7º3ª, Almería, Spain.
The OWNER welcomes you and invites you to read carefully the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) that describe the terms and conditions that will be applicable to your navigation through it. compliance with the provisions of the Spanish regulations of application. Since the OWNER could modify these Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.
With the aim that the use of the Website complies with criteria of transparency, clarity and simplicity, the OWNER informs the User that any suggestion, doubt or query about the General Conditions of Use will be received and resolved by contacting the OWNER through the email firstname.lastname@example.org.
The OWNER provides the content and services that are available on the Website, subject to these General Conditions of Use, as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any way gives it the qualification of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, reserving the OWNER the right to modify them at any time. Consequently, it will be the responsibility of every User, the attentive reading of the General Conditions of Use in force on each of the occasions in which he accesses this Website, so, if he does not agree with any of the same here arranged , must abstain with respect to the use of this Website.
Likewise, you are advised that, on occasion, special conditions may be established for the use of specific contents and / or services on the Website, the use of said contents or services will imply the acceptance of the specific conditions specified therein.
Through the Website, the OWNER offers Users the possibility to access: Information about the company, their contact details, their products and services, their rates, their commercial offers, their location – A contact section for inquiries facilitating your personal data – Links to access social networks (hereinafter the “Services”).
3. Privacy and Data Processing
When for accessing certain content or services it is necessary to provide personal data, Users will guarantee its veracity, accuracy, authenticity and validity. The OWNER will give said data the corresponding automated treatment according to its nature or purpose, in the terms indicated in the section on Data Protection Policy.
4. Industrial and Intellectual Property
The User acknowledges and accepts that all the contents displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial use and / or commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all rights of industrial and intellectual property, on the contents and / or any other elements inserted in the page, which are the exclusive property of the OWNER and / or from third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, keeping the OWNER harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial cession of said rights, unless expressly stated otherwise. The present General Conditions of Use of the Website do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the OWNER or the third party holder of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site as a whole, as a multimedia artistic work, are protected as rights of copyright by the legislation on intellectual property. The OWNER owns the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or in any medium, unless prior authorization is granted, for written, of the aforementioned Entity.
Likewise, it is forbidden to suppress, evade and / or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights enunciated and to avoid any action that could harm them, reserving in any case the OWNER the exercise of any means or legal actions that correspond to him in defense of his legitimate rights of intellectual and industrial property.
5. Obligations and Responsibilities of the Website User
The User agrees to:
Make an appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order.
Provide all the means and technical requirements that are required to access the Website.
Provide truthful information by completing the forms contained on the Website with your personal data and keeping them updated at all times so that it responds at all times to the real situation of the User. The User will be solely responsible for the false or inaccurate statements made and the damage caused to the OWNER or third parties for the information provided.
However, as established in the previous section, the User must also refrain from:
a) Make unauthorized or fraudulent use of the Website and / or content for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may harm, disable, overburden, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.
b) Access or attempt to access resources or restricted areas of the Website, without fulfilling the conditions required for such access.
c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the OWNER, its suppliers or third parties.
e) Attempt to access, use and / or manipulate the data of the OWNER, third-party providers and other Users.
f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the OWNER or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the content.
h) Obtain and try to obtain the contents using means or procedures different from those that, according to the cases, have been made available for this purpose or have been expressly indicated in the web pages where the contents are located or, in general , of those that are commonly used on the Internet because they do not involve a risk of damage or disablement of the website and / or contents.
i) In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that:
(i) In any way is contrary, disparages or violates fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the legislation in force.
(ii) Induce, incite or promote criminal, slanderous, defamatory, violent or, in general, contrary to law, morality, generally accepted good practices or public order.
(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts due to sex, race, religion, beliefs, age or condition.
(iv) Incorporate, make available or allow access to products, elements, messages and / or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or to public order.
(v) Induces or may induce an unacceptable state of anxiety or fear.
(vi) Induces or incites to engage in dangerous, risky or harmful practices for health and psychic balance.
(vii) It is protected by the legislation on intellectual or industrial protection belonging to the OWNER or to third parties without having authorized the intended use.
(viii) Is contrary to honor, to personal and family privacy or to the person’s own image.
(ix) Constitute any type of publicity.
(x) Include any type of virus or program that prevents the normal operation of the Website.
If to access some of the services and / or contents of the Website, you will be provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its adequate custody and confidentiality, undertaking not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned services and / or contents by third parties. Likewise, it is obliged to notify the OWNER of any fact that may imply an improper use of its password, such as, without limitation, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, while not making the previous notification, the OWNER will be exempt from any liability that may arise from the misuse of your password, being responsible for any illegal use of the contents and / or services of the Website by any illegitimate third party.
If he negligently or intentionally fails to comply with any of the obligations set forth in these General Conditions of Use, he will be liable for all the damages and losses that may result for the OWNER from said breach.
The OWNER does not guarantee continued access, or the correct viewing, downloading or use of the elements and information contained in the pages of the Website, which may be impeded, hindered or interrupted by factors or circumstances beyond their control.
The OWNER is not responsible for the decisions that may be adopted as a result of access to the contents or information offered.
The OWNER may interrupt the service or immediately resolve the relationship with the User if it detects that a use of its Website or any of the services offered therein are contrary to these General Conditions of Use. The OWNER is not made responsible for damages, losses, losses, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, it will not be responsible for the damages that could be derived, among others, from:
(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of the OWNER.
(ii) Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
(iii) improper or inappropriate abuse of the Website.
(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof. The OWNER’s administrators reserve the right to withdraw, totally or partially, any content or information present on the Website.
The OWNER excludes any liability for damages of any kind that could be due to the misuse of the services freely available and used by Website Users. Likewise, the OWNER is exempt from any responsibility for the content and information that may be received as a consequence of the data collection forms, being the same only for the provision of query and doubt services. On the other hand, in case of causing damages for an illicit or incorrect use of said services, the User may be claimed by the OWNER of the damages or damages caused.
You will defend, indemnify and hold the OWNER harmless against any damages arising from claims, actions or claims of third parties as a result of your access or use of the Website. Likewise, you agree to indemnify the OWNER against any damages arising from the use by you of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or of any other action on its part that imposes an unreasonable burden on the operation of the Website.
The Website of the OWNER includes links to other websites managed by third parties, in order to facilitate the User’s access to the information of collaborating companies and / or sponsors. Accordingly, the OWNER is not responsible for the content of these websites, nor is placed in a position of guarantor or party offering services and / or information that may be offered to third parties through third-party links .
Consequently, the OWNER does not assume any responsibility for any aspect related to such websites.
8. Data protection
To use some of the Services, Users must previously provide certain personal data. To do this, the OWNER will automatically process the Personal Data in compliance with the regulations of Protection of Personal Data. For this purpose, the User can access the policy followed in the processing of personal data, as well as the establishment of previously established purposes, to the provisions of the conditions defined in the Data Protection Policy presented by this Website.
The OWNER reserves the right to use the technology “cookie” on the Website, in order to recognize it as a frequent user and customize the use made of the Website through the pre-selection of their language, or more desired or specific content. The “cookies” used by the Website, or the third party acting on your behalf, are associated only with an anonymous user and your computer, and do not provide the user’s personal data.
Cookies are files sent to a browser through a Web server to record the User’s navigation on the Website, when the User allows their reception. At the same time you can delete the “cookies” for which you should consult the instructions for using your browser.
Thanks to the cookies, it is possible that the OWNER recognizes the browser of the computer used by the User in order to provide content and display their browsing and advertising preferences, as well as recognize their demographic profiles to measure visits and traffic parameters, control the progress and number of entries.
10. Duration and termination
The provision of the service of this Web Site and the other services have in principle an indefinite duration. However, the OWNER may terminate or suspend any of the services of the portal. When this is possible, the OWNER shall announce the termination or suspension of the provision of the determined service.
11. Declarations and Guarantees
In general, the contents and services offered on the Website are purely informative. Therefore, by offering them, the OWNER does not grant any guarantee or declaration in relation to the contents and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, accuracy, or merchantability, except in the extent to which, by law, such declarations and guarantees can not be excluded.
12. Force majeure
The OWNER shall not be held responsible in case of impossibility of providing service, if this is due to prolonged interruptions of the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.
13. Dispute resolution. Applicable law and jurisdiction
These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. Any dispute will be resolved before the courts of Almeria.