1. IDENTIFICATION DATA
Complying with the provisions of article 10 of Law 34/2002, of 11 July, on Information Society Services and E-Commerce, below we provide the necessary details on the owner of the web page www.hyaip.com (hereinafter, the ‘Web Page’), the service provider herein:
- Corporate name: ARPE PATENTES AND TRADEMARKS, S.L.
- Spanish Tax Identification Number (CIF): B-81612053
- Residence or domicile: Calle Alcalá, 26, 28014, Madrid
- E-mail address: firstname.lastname@example.org
- Telephone No.: (+34) 91 534 34 11
- Commercial Registry: registered at the Commercial Registry of Madrid in Volume 11738, General 0, Section 8 Folio 184285.
2. GENERAL CONDITIONS OF USE
The purpose of these general conditions of use and browsing (hereinafter, the ‘Conditions’) is to regulate the relationship between the owner of the web page, as the service provider, and users that access, browse and enjoy the service offered (hereinafter, referred individually as the ‘User’ or collectively as the ‘Users’).
The Web Page provides Users with general information on the services offered by its owner (hereinafter, the ‘Content’), all in accordance with these Conditions.
If the user continues browsing and using the services that we offer through our Web Page, the former is accepting, without any reservations of any kind, these Conditions of Use.
The owner of the Web Page reserves the right to modify these Conditions at any time and at its sole discretion, and thus we advise the User to review them frequently.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY
3.1. Legal protection of the content
The owner of the Web Page also holds the rights to use the intellectual and industrial property of the Web Page, including all the Content and elements thereof (including, but not limited to texts, images, audio and videos) available from the Web Page, as well as those hosted on third-party sites, either because it holds ownership thereof, or because it has obtained the appropriate rights to use the same.
Likewise, the owner has obtained the appropriate authorisations relative to the image rights of those appearing on its Web Page.
The total or partial reproduction, copy or distribution of the Content is hereby prohibited without the express authorisation of the owner. Under no circumstances shall access and browsing by the User imply any type of waiver, transfer, licence or total or partial assignment of said rights by the owner of the Web Page. Additionally, the modification, copy, reuse, exploitation, reproduction, public disclosure, transmission, use, processing or distribution, in any form, of part or all of the Content and elements of the Web Page, for public or commercial purposes, without the express authorisation in writing from the owner, is hereby prohibited.
Consequently, in accordance with the foregoing paragraph, the User may, besides visualising the content and elements of the Web Page, print, copy or download the same provided said action is exclusively for personal and private use.
The use of the contact data of the owner (postal address, e-mail address) for the forwarding of any type of commercial communications, unless in possession of the necessary prior authorisations as required pursuant to the applicable legislation, is also hereby prohibited.
3.2. Trademarks and associated logos
Trademarks included within the Web Page belong to its owner or to third parties, the latter having provided authorisation for their use on the Web Page.
Anyone browsing the Web Page is prohibited from using said trademarks, logos and distinctive signs without the authorisation of the owner or a licence to use the same.
4.1. Suspension of the Web Page
The functioning of the Web Page relies on servers belonging to service providers, connected by means of communications infrastructure of a public and private nature.
The owner of the Web Page shall make every effort to assure that the Web Page operates properly, however, it cannot guarantee the absence of interruptions for technical reasons to carry out repair and/or maintenance tasks, or the lack of coverage or faults in the equipment and/or the networks that are necessary for the transmission of data, which is beyond its control.
Thus, access to the Web Page may be suspended due to force majeure (unexpected incidents or which, while expected or foreseen, are inevitable), such as those that are outlined below. These include, but are not limited to:
- Cuts in the power supply or telephone lines,
- Virus attacks against the servers that the Web Page relies on,
- Users’ errors in accessing the Web Page,
- Fires, flooding, earthquakes or other acts of nature,
- Strikes or labour disputes,
- Armed conflicts or other situations of force majeure.
The owner of the Web Page is exempt from any type of liability in the event of any of the situations indicated in this provision.
4.2. Liability of the user
The User shall use the Web Page at its own risk and expense. By accessing the same, the User is compelled to use it in accordance with that set forth in the legislation and ethical codes that are applicable, as well as pursuant to the conditions set forth in these Conditions of Use.
The breach of any of the rules included within these Conditions or the legislation which supports the same, shall result in the User being liable to the owner of the Web Page and/or to third parties, for any damage or loss that the latter may suffer as a consequence of said breach, irrespective of whether or not this entails an unlawful act, an administrative sanction, a misdemeanour or an offence, and shall endow the owner of the Web Page with the right, where appropriate, to pursue said liability under the civil, administrative, labour or criminal jurisdiction that may be applicable.
4.3. Liability of the owner
The owner of the Web Page is not liable for any damage caused to the User or third parties as a consequence of a breach that is attributable to the User, nor for the alteration of the User’s equipment.
Additionally, it is also not liable for any illegitimate intrusions by means of the use of computer viruses or any other irrespective of their origin, for the wrongful use of the Web Page by the User, or for security errors derived from the incorrect use of the terminal equipment employed by the User.
5. OBLIGATIONS OF THE USER
The User cannot, at any time, modify, alter or erase any data, information, content or element that are included within the Web Page.
The User must use the services that we put at its disposal in a diligent, correct and lawful manner. Under no circumstances can the User disseminate content or propaganda of a racist, pornographic or xenophobic nature, or which in general advocates the perpetration of criminal acts, violence or which are derogatory to individuals and fundamental rights.
The User cannot introduce software, viruses, malware or any other elements that are detrimental to computing systems that may damage or alter the devices or terminals of the company or of the rest of the Users.
The User shall be the only party liable for damages or losses that may arise from a breach of the conditions and obligations set forth in these Conditions.
The User is hereby prohibited from transmitting, including or disseminating advertising of itself or third parties through any medium available on our Web Page, without the express authorisation of the owners of the same.
Any mention on the Web Page to other third-party websites is merely for informative purposes. The owner of the Web Page does not develop nor administer said pages nor is the owner of the Internet addresses cited, unless this is expressly stated. Consequently, the owner shall not be liable for the content therein, nor for damages or losses derived from said access, nor for those generated by the services that they provide.
The owner of the Web Page authorises the establishing of links and hyperlinks from other web pages. However, whoever wishes to establish a link between their website and the Web Page shall do so respecting the following conditions:
The web page on which the link is established shall not contain information or content that is unlawful, contrary to morality, to good practices, public order, or any other third-party rights.
- It shall not declare nor imply that the owner of the Web Page has expressly authorised the link or that it has previously supervised, accepted or recommended in any form the services offered or made available on the website that establishes the link with the Web Page. Thus, those browsing the Web Page are advised to be extra careful in their assessment and use of the information, content and services present on the linked sites.
- The establishment of a link does not imply, under any circumstances, the existence of relationships between the owner of the Web Page and the owner of the website that includes said link.
7. PERSONAL DATA PROTECTION
The owner of the Web Page undertakes the commitment to process the User’s personal data in accordance with the provisions of the prevailing data protection legislation. Specifically, it undertakes the commitment to apply the provisions of the General Data Protection Regulation 2016/679 of 27 April 2016, as well as the Organic Law on Personal Data Protection.
8. APPLICABLE LEGISLATION
Those relationships entered into between the User and the owner of the Web Page shall be governed by that set forth in the prevailing legislation in relation with the applicable law and the competent jurisdiction, being applicable the rules of the Spanish Legal System.
For those situations where it is possible to voluntarily submit to a particular jurisdiction, the owner of the Web Page and the User, expressly waiving any other jurisdiction, submit themselves to the Courts and Tribunals of the city of Madrid, Spain.