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General Conditions of Use
- 1.- OBJECT.
- These general conditions of use (hereinafter GCU), regulate the access and use of the Website under the domain www.laposadadelmar.com (hereinafter Website), owned by “LA POSADA DEL MAR, S.L.” (hereinafter LA POSADA DEL MAR), made available to users (hereinafter User/s).
For any questions or concerns regarding the use and access to the Website or these GTU, you can contact us through the contact details published in the Legal Notice.
- 2.- CONFORMITY WITH THE PRESENT GENERAL CONDITIONS.
- The use of the Website implies full acceptance by the user of the GTU in force at any time the user accesses it.
Therefore, if the User does not agree with any of the conditions set forth herein, he/she should refrain from using this Website.Consequently, the User must carefully read the TOU each time you intend to use the Website.
In any case, LA POSADA DEL MAR reserves the right to modify, without notice and at any time the TOU.
Also, LA POSADA DEL MAR reserves the right to suspend, discontinue or cease to operate the Website at any time.
By “use of the Website” means any User who accesses and browses the Website regardless of completing the registration forms.
- 3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS.
- Access to the Website and/or the Contents included therein does not imply any kind of guarantee regarding the suitability of the Website and/or the Contents included therein for particular or specific purposes of the Users.
LA POSADA DEL MAR may establish additional limitations and/or conditions for the use and/or access to the Website and/or the Contents, which must be observed by the Users in any case.
- 3.1- Access and Use of the Website.
- Unless otherwise provided, the use of the Website shall be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User.
The User acknowledges that he/she is over eighteen years of age and is aware and voluntarily and expressly accepts that the use of the Website is in any case under his/her sole and exclusive responsibility.
The User agrees to comply with the GTU, as well as to comply with the special warnings or instructions contained in the Website and to act always in accordance with the law, good customs and the requirements of good faith, using its maximum attention taking into account the nature and consideration of the service it enjoys.
To this end, you will refrain from using the Website in any way that may impede, damage or impair the normal operation of the same, the property or rights of LA POSADA DEL MAR, its suppliers, its distributors, other users or in general any third party.Specifically and without this implying any restriction to the obligation assumed by eUl suario in general in accordance with the previous paragraph, the User undertakes to use the Website:
a) Not to enter, store or disseminate on or from the Website, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination based on race, sex, ideology, religion or in any way violates the form, public order, fundamental rights, public freedoms, honor, privacy or image of others and in general the current regulations.
b) Not to introduce, store or disseminate through the Website any computer program, data, virus, code, or any other electronic or physical instrument or device that is likely to cause damage to the Website, any of the services, or any of the equipment, systems or networks of LA POSADA DEL MAR, any User, Suppliers or Distributors of LA POSADA DEL MAR or in general any third party, capable of causing any type of alteration or impede the normal operation of the same.
c) Not to enter, store or disseminate through the Website any content that violates the rules of intellectual property, industrial or third party rights, or in general any content that does not hold, in accordance with the law, the right to make it available to third parties.
- 3.2- Access and Use of the Contents.
- The Contents of the Website are made available to the User with information from both own and third party sources.
LA POSADA DEL MAR tries to ensure that the Contents are of the highest possible quality and are reasonably updated, but does not guarantee the usefulness, accuracy, completeness, relevance and / or timeliness of the Content.
- 4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
- By means of these GTU no intellectual or industrial property rights are transferred over the Website or over any of its integral elements, being expressly prohibited Ualsuario the reproduction, transformation, distribution, public communication, making available, extraction, reuse, resending or use of any nature, by any means or procedure, of any of them, except in cases where it is legally permitted or authorized by the holder of the corresponding rights.
The User will be able to visualize and obtain a temporary private copy of the Contents for his exclusive personal and private use in his computer systems (software and hardware), as long as it is not with the purpose of developing activities of commercial or professional character.
The User shall refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those that in each case have been made available or indicated for that purpose or those that are commonly used on the Internet (provided that the latter do not involve a risk of damage or disablement of the Website).
The User must respect at all times all intellectual and industrial property rights on the Website, owned by LA POSADA DEL MAR or third parties.
- EXCLUSION OF WARRANTIES AND LIABILITY.
- 5.1.- Exclusion of Warranties and Liability for the operation of the Website.
- LA POSADA DEL MAR does not guarantee the availability and continuity of the operation of the Website and the services or content offered therein, or that the existing content on its Website is updated, being exonerated from any liability for damages of any kind that may arise from such circumstances.
LA POSADA DEL MAR will carry out, provided that there are no circumstances that make it impossible or difficult to execute and as soon as it becomes aware of the errors, disconnections and / or lack of updating of the contents, all efforts to correct the errors, restore communication and / or update the content referred to.Also, LA POSADA DEL MAR does not guarantee the technical reliability of its Website, or access to its various pages, being likewise exonerated from any liability for damages of any kind that may arise from this cause.
In addition, LA POSADA DEL MAR is not responsible for any errors or security deficiencies that may occur due to the use by the User of a browser of an outdated or insecure version of the browser or for any damage, errors or inaccuracies that may result from the malfunction of the same.
In order to reduce the risk of introducing viruses on the Website, uses virus detection programs to control all content entered on the Website.
However, LA POSADA DEL MAR does not guarantee the absence of viruses or other elements on the Website introduced by third parties outside LA POSADA DEL MAR that may cause alterations in the physical or logical systems of users or electronic documents and files stored in their systems.Enconsecuencia LA POSADA DEL MAR will in no case be liable for any damages of any kind that may result from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of users.LA POSADA DEL MAR adopts various protective measures to protect the Website, the data collected and the Contents against computer attacks by third parties.
However, LA POSADA DEL MARdoes not guarantee that unauthorized third parties may have access to the type of use or navigation of the Website made by the User or the conditions, characteristics and circumstances in which it is made.
Consequently, LA POSADA DEL MAR shall in no event be liable for any damages that may arise from such unauthorized access.LA POSADA DEL MAR shall not be liable in any case for the use that users and / or third parties may make of the Website or the Contents, nor for any damages that may arise therefrom.
- LA POSADA DEL MAR does not guarantee the availability and continuity of the operation of the Website and the services or content offered therein, or that the existing content on its Website is updated, being exonerated from any liability for damages of any kind that may arise from such circumstances.
- 5.2.- Exclusion of Warranties and Liability for the Contents.
- LA POSADA DEL MAR does not edit the contents of third parties published on the Website and, therefore, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of such content, nor for the content owned by LA POSADA DEL MAR. LA POSADA DEL MAR shall in no event be liable for any damages that may arise from:
(i) the lack of legality, truthfulness, accuracy, completeness and/or timeliness of the Contents originated by third parties and their own;
(ii) the unsuitability for any purpose and the disappointment of the expectations generated by the Contents;
(iii) decisions or actions taken or avoided by the user in reliance on the information or data provided or provided in the Contents, including without limitation lost profits or business opportunities.
- LA POSADA DEL MAR does not edit the contents of third parties published on the Website and, therefore, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of such content, nor for the content owned by LA POSADA DEL MAR. LA POSADA DEL MAR shall in no event be liable for any damages that may arise from:
- 6.- HYPERLINKS.
- Those who intend to establish hyperlinks between their Web page and the Website must observe and comply with the following conditions:
i) No prior authorization is required when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any form.
Any other form of Hyperlink shall require the express and unequivocal written authorization of LA POSADA DEL MAR.ii) The Web page on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
iii) The Web page on which the Hyperlink is established shall not contain information or contents that are illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain contents contrary to any third party rights.
iv) LA POSADA DEL MAR reserves the right to block hyperlinks to the Website that do not have express prior authorization even in compliance with the provisions of this point of the General Conditions.
- Those who intend to establish hyperlinks between their Web page and the Website must observe and comply with the following conditions:
- 7.- ACTIONS IN CASE OF NON-COMPLIANCE.
- LA POSADA DEL MAR reserves the right to exercise whatever actions are available at law to demand the responsibilities arising from the breach of any of the provisions of these General Conditions of the Website by a user.
- 8.- PARTIAL NULLITY.
- The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall continue to be binding between the parties.
- 9.- APPLICABLE LAW AND JURISDICTION.
- These GTU shall be governed by the provisions of Spanish law.
Any dispute relating to the conditions of use and access to this Website contained in this document of GTU of the Website, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by law, to the Courts of Denia.
- These GTU shall be governed by the provisions of Spanish law.
- 10.- NOTIFICATIONS.
- For the purposes of practicing the appropriate notifications, LA POSADA DEL MAR designates as contact address specified in the Legal Notice.
The email address provided by the User during the registration process on the Website, will be used by LA POSADA DEL MAR for the purpose of practicing notifications to the User.
The User is obliged to keep duly updated the data referred to in this clause for notification purposes.
All Notifications made by LA POSADA DEL MAR to the User shall be considered validly made if they have been made using the data and through the means indicated above. LA POSADA DEL MAR is not responsible for any damage that may occur due to the User’s violation of its obligation to keep your contact information updated.
- For the purposes of practicing the appropriate notifications, LA POSADA DEL MAR designates as contact address specified in the Legal Notice.