/ Legal Statement

 

 

1. Ownership

 

Santiago Mediano Abogados, SL (hereafter the “Entity”), is the owner of this website (hereafter, the “Website”). The Entity´s address is Calle Campoamor, 18, 28004 Madrid, and its company registration number is B – 83533455.
The Entity is registered in the Registro Mercantil de Madrid (the Madrid Mercantile Registry) Volume 18452, Book 0, Folio 83, Section 8, Page Number M 320356.

We can be contacted at our telephone number (+34) 91 310 63 63 or across our email address at info@santiagomediano.com.

The domain name(s) across which you have accessed the website belong to the Entity. Such domain name(s) may not be used in relation to any content, products or services that do not belong to the Entity or in any way that may cause confusion to users or that may discredit the Entity.

 

/ 2. Object

 

This Legal Notice sets out the terms that govern access, navigation and use of this Website, the responsibilities that may follow from the use, provision or contracting of products or services that may be offered across the Website, as the case may be, and the terms governing the content of the same, without prejudice to the Entity´s right to set any specific terms that may govern the use, provision or contraction of any such services.

The mere accessing of the Website, the completion of forms, the sending of requests for information, the seeking of advice, the reaching of agreements and, in general, any other activity similar to any of the forgoing, undertaken across the forms, mail boxes or other modes of contact offered by the Website will constitute receipt of consideration by the User and the unreserved acceptance by the User of each of the provisions set out in this Legal Notice. Consequently all Users should thoroughly read and understand the content of this Legal Notice.

Where the User is offered the use, provision or contracting of products or services across the Website, the use or request by the User of any of the same shall also constitute the unreserved acceptance of any specific terms that, as the case may be, have been established by the Entity regarding the same and which shall, consequently, form an integral part of this Legal Notice.

 

/ 3. Access to, and use of the website

 

Users may have free and open access to the Website. However, the use, provision or contracting of products or services that may be offered by the Entity, as the case may be, may be subject to the prior fulfillment of formal requisites such as the completion of the relevant forms the payment of fees or costs and/or the previous acceptance of specific conditions that may be applicable to the same.

Mere access to the Website, without more, will not establish any binding or commercial relationship between the Entity and the User unless otherwise established by the appropriate means for the same and the User has previously met all requirements, as the case may be, that have been established for the same.

The inclusion in the Website of information relating to products or services provided by the Entity are solely for information and publicity purposes only, except where any other purpose is expressly established. Website content may not be considered to constitute legal advice under any circumstances.

The Entity will inform the User regarding any technical specifications necessary in order to download information or content from the Website. The User is asked to pay attention to any such messages given that the Entity will not be deemed responsible for any damages or harm that may be occasioned to the User´s IT equipment or software by reason of the User´s improper or negligent use of the Website or use in contravention of any instructions given by the Entity.

In the event that it is necessary for the User to register itself for the use, provision or contracting of products or services offered across the Website, the User will be responsible for entering true and legitimate information, guaranteeing the authenticity of all data that it inputs into the Website when filling out the provided forms required for accessing the corresponding products or services. In the event that the User needs to use a password following its registration, the User undertakes to use such password diligently and to maintain its secrecy. For this reason Users are responsible for the safekeeping and confidentiality of all passwords and user names that may be provided to them by the Entity and undertakes not to reveal the same to any third parties, whether temporarily or permanently, nor to allow their use by any third parties. The unauthorized use by any third parties of any passwords or user names provided by the Entity and/or the consequent contracting of any products or services offered across the Website owing to a lack of diligence by the User or a loss of information by the User, will be the exclusive responsibility of the User.

In the light of the forgoing, for the purposes of immediate cancellation, it shall be the responsibility of the User to immediately notify the Entity of any fact that will allow the illegitimate use of passwords and user names such as theft, loss, and unauthorized third party access. For as long as any such facts are not communicated to the Entity, the latter shall be exempt from all responsibility that may arise from the illegitimate use of the passwords or user names by unauthorized third parties.

In any event, access, exploration and use of the Website and, as the case may be, use or contracting of any of the services or products offered across the same, will be at the sole and exclusive responsibility of the User who, consequently, undertakes to observe diligently and fully any additional instructions issued by the Entity or by personnel authorized by the Entity relating to the Website and its contents.

Such being the case, the User will use such content, products and services diligently, correctly and lawfully, in accordance with all applicable laws and, in particular, undertakes no to:

(i) Use de same for purposes contrary to the law, public values, generally accepted best practices, public order, or any instructions issued by the Entity.

(ii) Use the same for any purposes detrimetal to the rights of third parties.

(iii) Use content and products and, in particular, information of any nature obtained across the Website of from the provision of the services in order to sen any publicity, direct sales communications, unsolicited messages sent to numerous recipients for any purpose, and furthermore undertakes not to commercialize or divulge such information in any manner howsoever.

/ 4. Liability and limitation

 

The Entity will use all reasonable means at its disposal such that the content and services included in the Website are accurate and up-to-date. The Entity, however, does not guarantee the accuracy or reliability of the information obtained across the Website. In particular, the Entity does not guarantee and will not be responsible for:

(i) the continuity of Website content and/or any interruption to de availabilitiy of, or accessibility to the Website or the technical continuity of the same;

(ii) The absence of errors in such content or products;

(iii) The absence of viruses or any other damaging elements of the Website or the server hosting the same;

(iv) The invulnerability of the Website and/or the unassailability of the security measures adopted by the same;

(v) The utility of the Website content or services;

(vi) The loss or damage caused to de the User or any third party that infringes the conditions, rules or instructions established by the Entity in the Website or resulting from the breach of any security system of the same;

(vii) Any other damage that may be occasioned by reason of failure or erroneous performance of the Website or of any other web-pages to which links are provided by the Website, as the case may be.

Without limitation to the forgoing, the Entity declares that it has adopted all necessary measures within its means and level of technological competence to procure the functioning of the Website and to avoid the existence or transmission of viruses or other elements that may damage Users.

The Entity will use its best efforts to avoid any errors in Website content. All content offered across the Website will be up-to-date and the Entity reserves the right to modify the same at any moment. The Entity takes no responsibility for the impact on any parties that may arise from any errors in any Website content.

All messages or the transmission of content that may infringe the rights of third parties or the content of which may be threatening, obscene, defamatory, pornographic, xenophobic, offensive to human dignity or the rights of children, in breach of current law or that may incite or constitute the committing of a criminal offence, are strictly forbidden.

Furthermore, each of the following are also prohibited: the posting or communication by Users of content that is false, inaccurate and that misleads or may mislead other Users or personnel of the Entity, in particular content that may be protected by intellectual or industrial property, or personal image rights or anything similar, that may exist in favor of any third parties and that is not authorized by the same, or content that may give rise to any breach of current laws, or that is detrimental to the good name and credit of the Entity, that may be considered illegal or misleading advertising or unfair competition, and/or that may contain any virus or any other electronic element that may damage or impair the performance of the Website, the internet, any hardware or software of the Entity and/or of any third parties and/or access to the Website from any other Users.

Without limitation, the Entity may block access to the Website from any Users that engage in any of the activities prohibited above.

 

/ 5. Intellectual and industrial property rights

 

The Entity is the owner or licensee of the intellectual and/or industrial property rights and/or image rights pertaining to the content available across the Website including, by way of example only and without limitation, all text, graphic symbols and designs, drawings, software, photographs, videos, sounds, data bases, indexes, images, marks, logos, information and, in general, any other creative works protected by national laws and/or international treaties regarding intellectual and industrial property (hereafter, collectively, “Content”).

All intellectual and industrial property rights in and to Content are reserved and, in particular, all modification, copying, reproduction, public communication, transformation or distribution by any means of all or part of any Content included on the Website, for public or commercial purposes, are prohibited unless expressly authorized in advance in writing by the Entity or, as the case may be, the owner of the respective rights.

Access and navigation by Users of the Website will not, under any circumstances, constitute any waiver, transfer, license or grant by the Entity of all or any of the abovementioned rights. Consequently deleting, by-passing or manipulating the copyright warning, any other indications of the Entity´s rights or ownership of the same included in any Content, any technical means of security, digital fingerprints or any other information or identification means that may be included in the Website, are prohibited.

References to names and registered or unregistered commercial marks, logos and any other distinctive signs, whether belonging to the Entity or any third parties, shall be deemed to be accompanied by a prohibition over their use unless expressly authorized in advance in writing by the Entity or, as the case may be, the owner of the respective rights. In no event shall access to the Website and/or its Content, confer on the User any right over the marks, logos or other distinctive signs incorporated therein, unless expressed to the contrary.

 

/ 6. Links

 

6.1 Links from the Website to other web-pages

The Entity may post direct or indirect links to sources or internet web-pages outside of the Website. The presence of such links in the Website will be for information purposes only and will not constitute in any case an invitation to contract the products or services that may be offered in the destination web-pages nor signifies the existence of any relationship or commercial connection with, or control over, the entity to which the linked web-page belongs. In any such case, the Entity will not be responsible for establishing the general or specific terms of offer, contracting or use of such services by any third parties and, consequently, may not be considered responsible for any of the same.

The entity does not have the human, technical or other resources necessary to be in control of, or to check, the information, content, products or services offered by other web-pages that may be linked to the Website. As a consequence the Entity does not assume any responsibility for any matter relating to the web-pages that may be linked to the Website, including, by way of example only, regarding the correct working, access, data, information, files, quality or reliability of products or services, and the links and/or content of any such linked web-pages in general. In the event that the Entity becomes actively aware that the information or activities to which any such links are directed constitutes a criminal offence, is illegal or may damage the assets or any rights of any third parties, it will act with all due diligence.

Furthermore, if any Users become aware of any unlawful activities carried out across any such third party web-pages, they should immediately inform the Entity of the same via the following email address: webadmin@santiagomediano.com.

 

6.2 Links to the Website from any other web-pages

In the event that any User, entity or web-page wishes to establish a link with the Website they must observe the following requisites:

(i) The must obtain the prior express written authority of the Entity.

(ii) The link may be only be directed to the front page of the Website save as otherwise expressly authorized.

(iii) The link must be complete in that it must take the User via one click to the Website’s front page and must take in the entire front page of the Website. I no event, other other than where agreed by the Enteity to the contrary, may the website, form which the link is made, reproduce the Website in any way, include the Website in any of its “frames” or create a browser over any of the Websites pages.

(iv) In the web-page from which the link is established there may be no declaration of any kind that the Entity has authorized the link unless that has been the case. If the entity that makes the link from its web-pages to the Web-site wishes for appropiate reasons, to include de mark, commercial name, logo or any other distinnctive sign of the Entity and/or the Webpage it must first obtain the express written prior authorization of the Entity.

(v) In any event, any links to the Website from web-page material, information or content that is illegal, degrading, obscene or, in general, that contravene public morality, public order, current laws, generally accepted social norms or the legitimate rights of third parties, are prohibited.

 

/ 7. Privacy policy

 

Wherever it is necessary for Users to register or facilitate personal data, Users will be notified of the same appropriately.

In any event, the collection and treatment of personal data will be carried out subject to the principles and obligations of the Ley Orgánica 15/1999, of December, for the Protection of Data and related regulations, and in accordance with the Privacy Policy, which forms and integral part of this Legal Notice.

 

/ 8. Duration and modification

 

The Entity reserves the right to modify this Legal Notice and/or the specific terms that the Entity may establish for the use, provision or contracting of any products or services offered across the Website, as the case may be, wherever the Entity feels that any such modifications are appropriate for adjustments in line with legislative, business or technological changes, and any such modifications shall be immediately effective from their moment of publication in the Website.

Consequently these terms shall apply for as long as the same are posted on the Website, up to such time as they may be modified totally or partially, at which point the modified terms will become current.

Without notice the Entity may terminate, suspend or interrupt access to the Website at any moment, and Users may not make any claim for damages against the Entity by reason of any such event. Following any such termination, the prohibitions over the use of any Content shall continue to apply.

 

/ 9. Communications

 

Should any User wish to communicate with the Entity, the User should direct him/herself to the postal and/or email addresses set out herein above. In any event, any communications from the Entity to any User will, preferably, be conducted by email via the contact details provided by Users for the same. The User expressly accepts the use of email as the means for the interchange and/or communications with the Entity.

 

/ 10. Miscalaneous

 

The headings of specific clauses are solely for information purposes only and will not affect, qualify or modify the meaning of this Legal Notice.

In the event of any inconsistency between the provisions of this Legal Notice and the specific terms that the Entity may establish for the use, provision or contracting of any products or services offered across the Website, as the case may be, the latter will prevail.

In the event that any provision or provisions of this Legal Notice are deemed null or inapplicable, either wholly or in part, by any court, tribunal or competent administration, such event will not affect any other provision of this Legal Notice nor the specific terms that the Entity may have established for the use, provision or contracting of any products or services offered across the Website.

Any restraint by the Entity in enforcing or executing any right or term set out in this Legal Notice will not constitute a waiver of the same unless otherwise acknowledged or agreed in writing by the Entity.

 

/ 11. Applicable legislation and tribunals

 

This Legal Notice and the relations established between the User and the Entity including, in particular, the resolution of any litigation or disagreement that may occur, shall be governed and resolved according to Spanish law regarding the applicable law and competent jurisdiction.

Notwithstanding the above, in any case that the law allows for the parties to agree to submit litigation or disagreements to any particular forum, the Entity and the User hereby agree to submit any litigation or disagreements to the courts and tribunals of the city in which the Entity is domiciled.

© 2020 Santiago Mediano Abogados, SL. All rights reserved.

 

 

We are a business law firm, offering multidisciplinary advice to national and foreign companies.

 

/ Where we are

Spain
C/ Campoamor, 18
28004 Madrid
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Portugal
Rua D. João V, nº 2 – 5º Dto
1250-090 Lisboa
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/ Recognitions

/ Alliances

Logo Mackrell International

/ Recognitions

/ Alliances

Logo Mackrell International