- – Ownership of the Web Page
Pursuant to article 10 of Law 34/2002, July 11, on Information Society Services and Electronic Commerce (‘LSSI’), the websitewww.ges-start.com/(‘Website’ or ‘Portal’) is operated by Gestart Assessors, S.L.U. (‘GES-START’), with Tax ID number B-64016041, registered in the Commercial Registry of Barcelona Volume 38.026, Sheet 190, Page B-315.596, whose registered office is at Escoles Pies 102, 08017, Barcelona.
2. ‐ Use of the Portal
Access to the Website is free, except with regard to the cost of the Internet connection through the User’s access provider.
GES-START reserves the right to carry out, at any time and without prior notice, modifications and updates of the Website and its contents, configuration and presentation, including this Disclaimer. We recommend reading this before each access to and navigation of the Portal.
The User agrees not to use the Website for fraudulent purposes, and not to carry out any conduct that could damage the image, interests and rights of GES-START or third parties, with the commitment to use the Portal, and the services and contents included, in a diligent, correct and lawful manner. In particular, the User agrees to refrain from: deleting, ignoring or manipulating the ‘copyright’ and other identifying data of the rights of the copyright owners incorporated into the contents of the Portal, as well as the technical protection measures, or any reporting mechanisms that might include such content. Furthermore, the User agrees not to take any action that damages, destroys or overloads the Website, or prevent, in any way, the normal use and operation of the Website.
The failure to comply with this Disclaimer, or in the event that GES-START reasonably suspects that there has been a breach, GES-START reserves the right to restrict, suspend or terminate that User´s access to the Website, adopting any technical measures necessary to that end. Likewise, GES-START reserves the right to decide, at any time, on the continuity of the services provided through the Portal.
3. ‐ Intellectual and Industrial Property
The intellectual property rights on content layout of the Website (including sui generis rights on the database), graphic design (look & feel), distinctive features (trademarks and trade names), the underlying computer programs (including source codes), as well as the different elements making up the Portal (texts, graphics, photographs, videos, etc.) belong to GES-START, or GES-START has the right to use and exploit them, and in this sense constitute works protected by the intellectual and industrial property legislation in force.
The use of the Website does not in any way involve the transfer of GES-START’s intellectual and/or industrial property rights in the Portal, its contents and/or distinctive features of GES-START. To this effect, by means of this Disclaimer, except in those cases where it is legally permitted, the User is expressively forbidden from the reproduction, transformation, distribution, public communication, making available, extraction and/or reuse of the Website, its contents or the distinctive features of GES-START.
The reproduction of elements or contents on the Website with the aim of profiting or for commercial purposes is expressly and strictly prohibited.
4. ‐ Limitations of Liability
The User acknowledges and accepts that the use of the Website is carried out at all times entirely under their risk and responsibility. GES-START is not responsible for the misuse or abuse made of the Portal. For this purpose, GES-START will only be liable for damages that the User may suffer from the use of the Website when those damages are governed by legislation in force.
In particular, GES-START will not be responsible for:
– The content of the websites accessed through the links included on the Website. In this regard, the terms set out in section 5 of the present Disclaimer will apply.
– Damages of any kind caused to the computer equipment of the User caused by viruses, worms, Trojans or other harmful elements. The User acknowledges that the use of the Internet entails the assumption of a risk that their computer equipment may be affected by the elements listed above. For this purpose, the availability of the adequate tools for the detection and removal of malicious electronic programs is under the responsibility of the User.
– Damages of any kind produced to the User that cause malfunctions or disconnection of telecommunications networks that lead to the suspension, cancellation or interruption of the service of the Website prior to or during the Website´s use. In this regard, the User acknowledges that access to the Portal requires services provided by third parties outside the control of GES-START (for example: operators of telecommunications networks, access providers, etc.) whose reliability, quality, continuity and operation does not correspond to GES-START.
The addition of content to the Website does not constitute, in any manner, the provision of a legal service. The User acknowledges that the application of the law to specific cases is not automatic, but varies according to the circumstances of each case; the information found in the contents of the Website is insufficient for decision-making of any nature. Therefore, the information contained on the Website cannot be considered an alternative to legal advice, and GES-START discourages the user make decisions on the basis of the information contained in the contents of the Website without obtaining proper professional advice.
5. – Links
The Website may include links that allow the User to access other pages and Internet portals (‘Linked Sites’). To this end, GES-START acts as a provider of intermediary services in accordance with article 17 of the LSSI, and will only be responsible for the content and services provided on the Linked Sites to the extent of their knowledge of wrongfulness and failure to deactivate the link exercising due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, please inform GES-START through firstname.lastname@example.org. In no way will this communication constitute an obligation to remove the link.
The User and, in general, any natural or legal person who intends to establish a link from their website to the Portal, must obtain prior permission in writing from GES-START. The establishment of such link does not imply the existence of a relationship between GES-START and the owner or proprietor of website, nor the acceptance or approval by GES-START of its contents or services.
In any case, GES-START reserves the right to prohibit or disable at any time the links to the Website, especially in the case of wrongfulness of the activity or contents of the Linked Site.
6. – Generalities
The use of the Website is governed and interpreted in accordance with Spanish law and by using the Portal the User is indicating their agreement that any dispute or litigation arising between the User and GES-START will be treated by the courts and tribunals in accordance with the applicable legislation.
In the event that a provision contained in this Disclaimer is declared void, GES-START will remove or replace that provision. The declaration of invalidity of a provision does not affect the validity of the remaining provisions contained in this Disclaimer.