These general conditions (hereinafter the General Conditions) regulate the access and use of the website www.broseta.com, as well as the various web pages comprising it (hereinafter the Website that BROSETA Abogados, S.L.P. which hereinafter BROSETA places at your disposal as user [hereinafter the user]).
The use of the Website entails the full acceptance by the user of all General Conditions in force at any given time at which the user accesses it. Whereby if the latter is not in agreement with any of the conditions established herein, he/she should abstain from using this Website.
BROSETA reserves the right to modify these General Conditions at any given time, without prior notice, as well as their configuration, location, and any other general or specific terms, regulations for use, instructions or notices that may be applicable. BROSETA likewise reserves the right to suspend, interrupt or cease to operate the Website at any time.
By means of the Website, BROSETA shows users various items including, for illustrative purposes and without being limited thereto, data, distinctive signs, works (hereinafter, the “Contents”), and the user is solely empowered to access and use them pursuant to the terms envisaged in these General Conditions.
2. CONDITIONS FOR ACCESS AND USE OF THE WEBSITE
2.1. Access and use of the Website
BROSETA requires a responsible and lawful use of the Website and the Contents shown therein.
The user recognises that he/she is over eighteen (18) years of age and accepts that the access and use of the Website and/or of the Contents included therein takes place freely and consciously, under his/her exclusive liability.
Access to the Website and/or Contents included therein does not entail any type of guarantee with respect to the suitability of the Website and/or the Contents included therein for individual or specific purposes of the users.
BROSETA may establish additional restrictions and/or conditions for the use and/or access to the Website and/or to the Contents, which should be observed by the users in all cases.
2.2. Authorised use of the Website and Contents
2.2.1 User obligations
The user undertakes to comply with these General Conditions, as well as to comply with any special notices or instructions contained in the Website, and to always act in accordance with the Law, good conduct and the requirements of good faith, employing the greatest of diligence in keeping with the nature and consideration of the service enjoyed. For such purpose, he/she shall abstain from using the Website in any way that may prevent, damage or deteriorate the normal operation thereof, the assets or rights of BROSETA, its suppliers, other users or any third party in general.
Specifically and without this entailing any restriction whatsoever to the obligation assumed by the user in general in accordance with the preceding section, in using the Website the user undertakes:
- Not to include, store or disseminate in or from the Website, any information or material that may be defamatory, libellous, obscene, threatening, xenophobic, pornographic, advocating terrorism, inciting violence, discrimination on the grounds of race, sex, creed or religion or that in any other way threatens the form, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and current legislation in general.
- Not to include, store or disseminate via the Website any computer programme, data, virus, code, or any other electronic or physical instrument or device that may cause damage to the Website, in any of the services, or in any equipment, systems or networks belonging to BROSETA, any user, BROSETA suppliers or any third party in general, capable of causing any type of alteration or preventing the normal operation thereof.
- Not to perform spamming, advertising, promotional or commercial exploitation activities on the Website. So that the contents and, in particular, the information obtained via the Website shall not be used to forward advertising, send messages for direct sale or any other commercial purpose, or to collect or store personal data.
- Not to destroy, alter, render inoperable or damage any data, information, programs or electronic documents of BROSETA that are shown or included on the Website.
- Not to include, store or disseminate by means of the Website any contents in breach of intellectual, industrial property or third-party rights, or in general any content lacking, in accordance with the Law, the right to be placed at the disposal of third parties.
2.3. Insertion and use of links
The link, as such, hypertext, banners, buttons, directories and any other search tool, understood as the technology that connects two websites or web pages (hereinafter, the “Link”) may be used by the users to establish a connection between their website and the Website, and by BROSETA to place websites other than www.broseta.com at the disposal of the users. Such Links must nevertheless submit to the terms established below.
2.4. Insertion of Links by users
Those users who wish to establish a Link between their website and the Website should comply with the following obligations:
- The Link may solely allow access to the Website, not permitting links to final pages or frames. Such access shall in no way allow the reproduction of the Website.
- No frame or border environment shall be created on the Website.
- No false, inaccurate or incorrect representations or indications shall be made on the Website.
- It shall not be stated or the impression given that BROSETA has supervised or in any other manner assumed responsibility for the contents or services offered or announced on the website on which the Link is established.
- The website on which the Link is established shall not contain any mark, commercial name, establishment name, title, logotype, slogan or other distinctive signs belonging to BROSETA or to third parties, without the authorisation thereof.
- The website on which the Link is established shall not contain unlawful information or content, or any that is contrary to generally-accepted moral standards, good practices and public order, or that is contrary to any third-party rights.
The establishment of a Link on a website other than this Website shall require the prior and written authorisation of BROSETA.
2.5. Use of third-party Links on the Website
The installation of third-party Links by BROSETA is for the sole purpose of facilitating access by users to available information offered by third parties and does not mean that BROSETA promotes, endorses, guarantees or recommends such Sites. The links included in the BROSETA Website are solely offered as informational references, without any type of evaluation of the contents, ownership, services or products offered from them.
Users should exercise caution in the evaluation and utilisation of such Links, and BROSETA is released from all liability with regard to the information, data, files, products, services and any other type of material existing on any pages accessed by means thereof.
3. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
All Contents shown on the Website and including, without limitation, designs, texts, graphics, logotypes, icons, buttons, software, commercial names, marks, newspaper articles or any other intangible assets protected by industrial and intellectual property legislation are subject to the intellectual and industrial property rights of BROSETA or the third-party holders thereof that have duly authorised their inclusion in the Website.
In no case shall any licence be deemed as granted or that any waiver, transfer, total or partial assignment has been made of such rights, or that any right of operation is granted on such assets, without the prior express and written authorisation from BROSETA or the holders of the corresponding rights.
BROSETA authorises users to utilise, visualise, print, download and store gratuitous Content and/or elements in the Website when this is expressly indicated; providing that the origin and/or author thereof is indicated in all cases and that, where appropriate, the copyright symbol and/or industrial property notes of its holders is displayed. The exploitation of such assets (reproduction, communication, distribution, transformation, etc.) is strictly prohibited. Any use other than those expressly permitted shall require the prior and written consent of the holder of the rights in question.
4. COOKIES POLICY
So that you may provide your informed and unequivocal consent, where appropriate, we explain how our cookies work. Thus the following is an indication of what these are, how we use them and the options available to you to manage them.
4.1. Cookie concept
Cookies are small files that a website places in your computer, telephone or any other device with information regarding your browsing on such website. Cookies are installed during browsing on Internet, either by the websites you visit or by third parties related to the Website. The following type of information, among others, may be obtained by means of cookies: the date and time of visits to the website, the pages seen, the time that you have been on our Website and the sites visited immediately prior to this.
4.2. Cookies utilised by BROSETA
We utilise third-party analytical cookies on our Website. Specifically, this Website utilises Google Analytics. This is an analytical web service provided by Google, Inc., (hereinafter “Google”), a company in Delaware whose main office is at 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA.
Such service allows us to learn how users of our Website interact. Cookies are likewise enabled in the domain of the site in which the user is found, and utilises a collection of cookies to collect information anonymously and prepare reports on the tendencies of the Website without identifying individual users. Together with our server log files, this allows us to know the total number of users that visit our Website and those parts of it that enjoy the greatest popularity. We therefore obtain information that may assist us in improving the browsing experience and providing users with better service.
For more information on the type of cookies utilised by Google Analytics, we include the following link to Google.
In keeping with the conditions established by Google for Google Analytics, BROSETA informs that:
- This Website solely collects information anonymously in order to obtain reports on browsing habits of the Website for analysis, without identifying individual users.
- The compiling of information is not performed by Google either in its name or on behalf of BROSETA. BROSETA does not have access to all the information, only to aggregate information subsequently furnished to it by Google and that is not associated with any IP address.
- Only Google determines the purpose of the processing and use of the information collected by Google Analytics at all times, as well as the operation and duration of the cookies.
4.3 Management of the cookies in your equipment
In accordance with the information furnished by Google, you may control and eliminate your cookies by means of your browser. The way to do this may be found in the “Help” section thereof. Normally you will be referred to the “Tools” or “Preferences” section.
If you wish you may find more information on how to refuse the installation of Google Analytics cookies by clicking here or going to https://support.google.com/analytics/answer/181881?hl=es&ref_topic=2919631.
4.4. Treatment of prior cookies
If you have deactivated any cookie now, BROSETA may utilise any information it collected previously. However we shall cease to obtain any type of additional information.
5. EXCLUSION FROM GUARANTEES AND LIABILITY
5.1. Exclusion from guarantees and liability for the operation of the Website
BROSETA does not guarantee the availability and continuity of the Website operation and of the services or Contents offered on it, or that the content existing on its Website is updated, and is released from any liabilities for any damages and losses of any type that may be caused by such circumstances.
Providing that no circumstances occur that make this impossible or impedes the execution thereof, and as soon as it learns of any errors, disconnections and/or lack of updates of the content, BROSETA shall carry out all tasks aimed at rectifying the errors, re-establishing communications and/or updating the aforementioned contents.
Likewise, BROSETA does not guarantee either the technical reliability of its Website or the access to its various pages, and is thereby exonerated from all liability for damages and losses of any type that may arise for this reason.
Furthermore, BROSETA is not liable for any possible security errors or deficiencies that may occur through the use by the user of a browser in a non-current or non-secure version or for any damage, errors or inaccuracies that may arise from the malfunctioning thereof.
In order to decrease the risk of virus entries in the Website, it utilises virus detection programmes to control all Contents included in the Website. Nevertheless, BROSETA does not guarantee the absence of viruses, or of other elements on the Website entered by third parties outside BROSETA that may cause alterations to the physical or logical systems of the users or in the electronic documents and files stored in their systems. Consequently, in no case shall BROSETA be liable for any damages and losses of any type that could derive arise from the presence of a virus or other elements that may cause alterations to the physical or logical systems, electronic documents or files of the users.
BROSETA adopts several protection measures to protect the Website, the data collected and Contents against third-party computer attacks. Nevertheless, BROSETA does not guarantee that unauthorised third parties may have access to the type of use or navigation of the Website made by the user, or of the conditions, characteristics and circumstances under which these take place. Consequently, in no case shall BROSETA be liable for any damages and losses that could arise from such unauthorised access.
BROSETA shall in no case be liable for any use that users and/or third parties may make of the Website or the Contents, or for the damages and losses that could arise therefrom.
5.2. Exclusion from guarantees and liability for the Content
BROSETA does not edit the Content of third parties published on the Website and, consequently, does not guarantee or take responsibility for the legality, reliability, utility, veracity, accuracy, thoroughness and currency of such Content. In no case shall BROSETA be liable for any damages and losses that could arise from: (i) the lack of legality, veracity, accuracy, thoroughness and/or currency of the Content originated by third parties; (ii) the unsuitability for any purpose and disappointment over expectations generated by the Content; (iii) decisions or actions taken or avoided by the user in relying on the information or data furnished or provided in the Content including, without limitation, loss of profits or business opportunities.
5.3. Exclusion from guarantees and liability in relation to the use of third-party Links in the Website
BROSETA verifies the content existing on such pages at the moment at which it establishes a Link to them and does so in the bona fide belief that such contents comply with applicable legislation. Nevertheless in no case is BROSETA liable for, approves of, or makes the products, services, content, information, data, files and any type of material existing on the web pages of third parties its own, and neither does it control or take responsibility, approve of or make any successive modifications to such materials its own. If deemed appropriate or if required by legal or administrative order, BROSETA shall eliminate the links to those websites that infringe applicable legislation and/or are damaging to third-party rights.
6. ACTIONS IN THE EVENT OF BREACH
BROSETA reserves the right to exercise any actions available by Law to demand liabilities that may arise from the breach of any of the provisions of these General Conditions of the Website by a user.
7. PARTIAL NULLITY
The declaration of any of the clauses contained in these General Conditions as null, invalid or unenforceable shall not affect the validity or enforceability of the rest, which shall continue to be binding among the parties. The waiver by any of the parties to demand the fulfilment of any of the general conditions stipulated herein at any given time shall not entail a general waiver of the fulfilment of any other condition or conditions, or create an acquired right for the other party.
8. APPLICABLE LAW AND JURISDICTION
These General Conditions shall be governed by the provisions of Spanish Law.
For any dispute regarding the conditions for the use and access to this Website contained in these General Conditions of the Website, the parties submit to the Courts and Tribunals of the city of Valencia, expressly waiving any other jurisdiction that could be available to them, unless determined to the contrary by legal mandate.