Legal advice
1. OBJECT
The purpose of the present document is to establish the General Conditions of Use of the Portal www.amvsoluciones.com (hereinafter the Portal), owned by Asenjo-Montenegro Vigo Soluciones, S.L., (hereinafter the Portal owner), located at Ctra. Bembrive, 23 – 36214 Vigo (Pontevedra) and with e-mail address amv@amvsoluciones.com, CIF number B-27708866, and registered in the Mercantile Register of Pontevedra, Volume 3442, Folio 218, Page 4553, 1st inscription.
The owner of the Portal reserves the right to modify these General Conditions of Use in order to adapt them to current legislation applicable at all times, new case law and standard market practices. The present General Conditions of Use do not exclude the possibility that in the future, certain portal Services, due to their particular characteristics, may be subject, in addition to the General Conditions of Use, to their own particular contracting conditions (hereinafter the Particular Contracting Conditions).
The use by the User of any of the Services of the portal supposes his adhesion and express acceptance to all the General Conditions of Use in the version published in the present website at the moment in which the user accesses the portal, as well as to the Particular Conditions of Contracting that, in its case, are of application.
2. CONDITIONS OF ACCESS AND USE OF THE PORTAL
2.1. Condition of User
The acceptance of the general conditions with the use of any Service of the Portal attributes the Condition of User of the same one.
In general, it is not necessary to register as a User in order to access the Portal Services. However, the use of certain Services (which will be informed in advance on the web) may or could be conditioned to the prior registration of the User. This registration, when obligatory, will be made in the form expressly indicated in the Service itself or in the Particular Conditions that are applicable to it.
2.2. Use of the Portal and its services
The User acknowledges and accepts that the use of the contents and/or services offered by the owner of the portal will be under his exclusive risk and/or responsibility.
The User agrees to use the Portal and all its content and Services in accordance with the provisions of the law, morality, public order and these General Conditions of Use, and the Special Conditions that, where appropriate, are applicable. Likewise, the User undertakes to make appropriate use of the services and/or contents of the Portal and not to use them for illicit or criminal activities that infringe the rights of third parties and/or violate the regulations on intellectual and industrial property, or any other applicable legal regulations.
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 of Use and, where appropriate, the Special Conditions that may be applicable. By way of example, and in no way limiting or excluding, the User undertakes to:
1) Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic, apology of terrorism or that violate human rights.
2) Not to introduce or disseminate on the network data programs (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
3) Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized constitutionally and in international treaties.
4) Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
5) Not to transmit unsolicited or unauthorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
6) Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
7) Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyrights that correspond to the owners of the Portal or third parties.
8) Not to include in our pages, contents that indicate or promote sexual, racial, religious discrimination or any other violation of the fundamental rights and freedoms recognized by the laws of Spain; that induce or incite to act illegally or lead to erroneous conclusions by inaccuracy, omission or similar; that contain false or outdated information; that infringe legal or regulatory rules on secrecy of communications, intellectual property, right to honor and personal privacy, or that incorporate violent or degrading contents, messages or products.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY
The contents, elements and information to which the user can access through www.amvsoluciones.com are subject to industrial and intellectual property rights of the owner of the portal or third party owners of the same. Consequently, access to these contents or elements does not grant the User the right of alteration, modification, exploitation, reproduction, distribution or public communication or any other right that corresponds to the holder of the affected right.
The User shall refrain from removing the signs identifying the rights (intellectual, industrial or any other) of www.amvsoluciones.com or third parties appearing on the Portal and in each of the various services offered through it. Likewise, the User must abstain from evading or manipulating any technical devices established by the owner of the portal or by third parties, whether in the Portal, in any of the Services or in any of the materials, elements or information obtained through the same, for the protection of their rights.
4. EXCLUSION OF GUARANTEES. LIABILITY RESPONSIBILITY
4.1. Availability and Continuity of the Portal and Services
The owner of the Portal, does not guarantee the availability, access and continuity of the operation of the Portal and its Services.
The owner of the Portal shall not be liable, within the limits established by law, for damages caused to the User as a result of the unavailability, access failures and lack of continuity of the Portal and its Services.
4.2 Contents and Services
The holder of the portal, will respond only and exclusively of the Services that it provides by itself and of the directly originated contents. The above mentioned responsibility will be excluded in the cases in which there concur causes of major force or in the assumptions in which the configuration of the teams of the User is not the suitable one to allow the correct use of the services of Internet given in www.amvsoluciones.com.
4.3 Contents and Services of Third Parties
The owner of the portal does not previously control, approve or own the contents, services, opinions, communications, data, files, products and any kind of information from third parties, legal or natural persons, collected in the Portal. Likewise, it does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the content, information and services of third parties on the Portal.
The owner of the portal does not control in advance and does not guarantee the absence of viruses and other elements in the Contents and services provided by third parties through the Portal that may introduce alterations in the computer system, electronic documents or files of the users.
The owner of the Portal shall not be liable, either indirectly or subsidiarily, for damages of any nature arising from the use and contracting of the Contents and Services of third parties in the Portal as well as the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the same. By way of example, and in no case limited, shall not be liable for damages of any nature arising from a) infringement of intellectual and industrial property rights and defective performance or breach of contractual commitments made by third parties; b) the performance of acts of unfair competition and illegal advertising; c) the inadequacy and disappointment of the expectations of the Services and Content of third parties; d) the vices and defects of all kinds of the Services and content of third parties provided through the Portal.
The owner of the portal will not be liable, neither indirectly nor subsidiarily, for damages of any nature arising from the negligent or malicious use of email accounts used for any type of insertion, communication, management or performance on the Portal.
The owner of the Portal shall not be liable, either indirectly or subsidiarily, for damages of any nature caused to the User as a result of the presence of viruses or other elements in the contents and Services provided by third parties that may cause alterations in the computer system, electronic documents or files of the users.
4.4 Conduct of the Users
The holder of the portal does not guarantee that the Users of the Portal use the contents and/or services of the same one in accordance with the law, the moral, the public order, nor the present General Conditions and, in its case, the Particular conditions that are of application. Likewise, it does not guarantee the truthfulness and accuracy, completeness and/or authenticity of the data provided by the Users.
The owner of the Portal shall not be liable, indirectly or subsidiarily, for damages of any nature arising from the use of the Services and Contents of the Portal by the Users or that may arise from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by the Users, or the impersonation of a third party carried out by a User in any kind of action through the Portal.
5. CONTRACTING WITH THIRD PARTIES THAT ADVERTISE ON THE PORTAL.
The User acknowledges and accepts that any contractual or extra-contractual relationship that, if any, formalized with advertisers or third parties contacted through the Portal, as well as their participation in contests, promotions, sales, purchase, rental of goods or services, are understood to be made solely and exclusively between the User and the advertiser and / or third party. Consequently, the User accepts that the owner of the portal www.amvsoluciones.com has no liability whatsoever for damages of any nature caused by reason of their negotiations, conversations and/or contractual or extra-contractual relations with advertisers or third parties contacted through the Portal.
6. TECHNICAL DEVICES OF TEXTUAL LINK
The Portal makes available to users, technical linking devices and search tools that allow them access to web pages owned by other entities (textual links).
The user of the portal acknowledges and accepts that the use of the contents of the linked web pages will be under his exclusive risk and responsibility and exonerates the owner of the portal from any responsibility for the technical availability of the linked web pages, the quality, accuracy and/or veracity of the services, information, elements and/or contents to which the client can access in the same and in the search directories included in the Portal.
The owner of the Portal shall not be liable indirectly or subsidiarily for damages of any nature arising from a) the operation, unavailability, inaccessibility and lack of continuity of the linked web pages and/or the search directories available; b) the lack of maintenance and updating of the contents and services contained in the linked web pages; c) the lack of quality, inaccuracy, unlawfulness, uselessness of the contents and services of the linked web pages.
7. DURATION AND TERMINATION
The provision of the services and/or contents of the Portal has an indefinite duration. Notwithstanding the foregoing, the owner of www.amvsoluciones.com is empowered to terminate, suspend or interrupt unilaterally, at any time and without prior notice, the provision of the service and the Portal and / or any of the services, without prejudice to what had been provided in this regard in the relevant special conditions.
8. LAW AND JURISDICTION
All matters relating to the Portal are governed by Spanish Law and are subject to the jurisdiction of the Courts and Tribunals of Vigo.