These general terms (hereinafter, the “General Terms”) regulate the terms in which to access, use, and browse the www.mavens.es website (hereinafter, the “Website”).
- COMPANY IDENTIFICATION DETAILS
In compliance with what is foreseen in Article 10 of Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereinafter, the “LSSC”), all users are hereby provided with the following information, easily, directly and cost-free:
- Holder: Legal Mavens, S.L. (hereinafter, “Mavens”)
- Registered Address: Calle Claudio Coello nº 32, Madrid 28001
- Registration Details: Registered at the Commercial Registry of Madrid, tome 25.987, folio 1, section 8, sheet M-468447.
- I.F.: B-85519544 E-mail: firstname.lastname@example.org
These General Terms regulate how to access, browse and use the contents and services offered by Mavens through its Website.
Any access, use and browsing of the Website will grant user status to the acting person (hereinafter, the “User”) and will constitute his express acceptance of these General Terms. Such terms will be upheld and fulfilled by any person accessing, browsing and using the Website.
Nevertheless, access to certain contents and the use of some services may be subject to certain specific terms (the “Specific Terms”), which will in any case be clearly displayed and expressly accepted by the User. These Specific Terms will prevail over the General Terms in the event of inconsistency and may substitute, complete or amend, as applicable, what is established in these General Terms.
Consequently, the User must carefully read the General Terms each time he intends to use the Website, as well as any applicable Specific Terms.
In any case, Mavens reserves the right to at any time change, without prior notice, the presentation, configuration and content of the Website, and of these General Terms or any Specific Terms that may apply.
3.1 WEBSITE ACCESS AND USE. REGISTRATION.
Access and use of the Website mean that the User fully accepts and undertakes to entirely fulfil these General Terms, as well as any instructions or recommendations indicated in each specific case.
Access to the Website is cost-free, except as regards the cost of connecting through the telecommunications network supplied by the access provider hired by the User.
The User may at any time apply for deregistration from the Website, or from certain sections, for which it will suffice to send a written request to the following e-mail address: email@example.com, providing his identification details and the scope of his deregistration application (if he wishes to deregister from the Website, from a certain section and, if so, which one, etc.).
In any case, once deregistration is complete, the User may apply to register again. Mavens will be entitled to not accept such registration in the specific cases indicated below, under “Website Use Rules”, or if a dispute or disagreement arises between the parties.
- WEBSITE USE RULES
The Website may not be used for illegal or unauthorised purposes, which is why the User will be solely liable for any consequences thereof. In particular, without the following list being exhaustive, it will be forbidden to:
1) Use the Website in such a way as to cause damage, downtime, inefficiency, misoperation or malfunctioning in IT equipment owned by Mavens or a third party;
2) Use the Website to transmit, install or publish any spyware, malware or other harmful programmes or files;
3) Use the Website to gather or process personal data belonging to other users;
4) Use the Website illegally, contrary to good faith, morality and the public order;
5) Access any section of the Website without authorisation, or other systems or networks connected to the Website, Mavens’s servers or Website services, through hacking or falsification, by stealing passwords or other illegitimate means;
6) Breach, or attempt to breach, security or authentication measures of the Website or any network connected thereto, or any security or protection measures inherent to the contents offered on the Website; or
7) Carry out any action leading to a disproportionate or unnecessary overloading of the Website’s infrastructure or Mavens’s systems or networks, as well as the systems and networks connected to the Website.
The User’s failure to meet any of the foregoing obligations may entail the adoption by Mavens of the necessary legal measures, further to its rights or obligations. The User in breach may eventually be removed, without the latter being entitled to any indemnification whatsoever.
All Website contents are made available by Mavens to the User with information taken both from its own sources and from third parties. Mavens hereby disclaims any responsibility for their usefulness, accuracy, exhaustiveness, pertinence and/or updates.
Furthermore, the material contained in the Website may in no event replace legal or other advice. Access to this material does not intend to constitute, or entails, any legal relationship between lawyer and client, or any other type of relationship based on trust or of a professional nature, between Mavens and the User. Consequently, the legal services that Mavens generally provides have the price indicated in each proposal of professional services addressed to a particular client and will in no case be offered or provided through the Website.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Mavens owns, or is accordingly licensed to use, the necessary intellectual and industrial property to operate the Website, and the services available through the same, as well as any contents it offers, to include the Website itself, texts, photographs or illustrations, logos, trademarks, graphic design, design, interfaces, technology, software or any other information or content.
In no case will the User’s access, browsing and use of the Website constitute a waiver, transfer, licence or total/partial assignment of such rights by Mavens.
The User is entitled to use the contents and/or services of the Website exclusively to enjoy the services provided in accordance with these General Terms.
All references to trademarks or registered commercial names, or other distinctive signs, owned by Mavens or third parties, implicitly forbid their use without Mavens’s consent or that of their legitimate owners. At no time will access, browsing or use of the Website and/or its contents grant the User any right over distinctive signs included therein, unless otherwise expressly provided.
Mavens reserves all intellectual and industrial property rights over the Website contents and/or services, to particularly include the prohibition to modify, copy, reproduce, publicly communicate, transform or distribute, through any means and in any form, all or part of the contents included in the Website, for any purpose, unless Mavens has previously provided its express and written consent, or this is obtained from the relevant rights holder.
Furthermore, it will be forbidden to erase or manipulate any references to copyright or other credits identifying the holders of rights over contents that the User may find on the Website, as well as technical protection devices, digital prints or any protection or data device incorporated into the contents offered on the Website.
If the User sends information or contents of any kind to Mavens, through any channels in place for this purpose, the User hereby represents, warrants and accepts that he is entitled to do so freely, that such information does not breach any intellectual or industrial property right, commercial secret or other third party rights, and that such information is not confidential or detrimental to third parties.
The User hereby recognises that he will be liable for any communication or contents sent personally or in his name, holding Mavens harmless in this regard.
If the User becomes aware of the existence of any illicit or illegal content, or which is contrary to law or could constitute an infraction of intellectual or industrial property rights, or any others whatsoever, he will immediately notify Mavens through the following e-mail address: firstname.lastname@example.org, enabling the latter to proceed with the necessary measures.
Likewise, if the User considers that any of the Website contents owned by Mavens infringes his intellectual or industrial property rights, or any others whatsoever, he will send a letter to Mavens at the following address: email@example.com, including the following information:
1) Identification details and means of contact of the claimant or his legal representative.
2) Documentation confirming his status as the holder of the allegedly infringed rights.
3) A detailed description of the rights allegedly infringed, and their exact location on the Website.
4) An express statement from the claimant, indicating that contents have been used without the prior consent of the holder of the allegedly infringed rights.
6.1 LINKS TO OTHER WEB PAGES
If the Website shows links to other web pages using various buttons or hyperlinks, Mavens hereby announces that these are managed by third parties, and that it lacks the necessary human or technical resources to previously know or control or approve all information, contents, products or services provided by other platforms that may be linked to the Website.
Consequently, Mavens hereby disclaims all liability for any issue related to web pages that may be linked to the Website. In particular, as a mere example without limitation, it will not be liable for their operation, access, data, information, files, quality and reliability of their products and services, their own links or any of their contents, in general.
Consequently, if the User is effectively aware that the activities carried out through these third party web pages are illegal or contrary to morality or the public order, he will immediately inform Mavens in order to disable the access link as soon as possible.
Establishing any kind of link from the Website to another external web page will not mean that any type of relationship, collaboration or dependence exists between Mavens and the manager of such external web page.
6.1 LINKS ON OTHER WEB PAGES REDIRECTING THE USER TO THE WEBSITE
Mavens will not authorise any link to its Website from other pages containing materials, information or contents that are illicit, illegal, degrading or obscene and which, in general, are contrary to law, morality or the public order, or generally accepted social rules.
In any case, the User may establish links redirecting users to the Website, provided that the following conditions are met:
1) It is not allowed to make false, inaccurate or mistaken statements or indications about the Website or, in particular, to declare or suggest that Mavens has authorised the link or that it has supervised or otherwise assumed the contents or services offered or made available on the web page establishing such link;
2) The web page establishing a link to the Website will not contain information or contents that are illegal, contrary to morality and generally accepted good practices and the public order; nor may contents be included that are contrary to any third party rights, including intellectual or industrial property rights, or the right to one’s honour, personal or family privacy or self-image or any other right, or contents that are contrary to personal data protection regulations.
Mavens is not entitled and lacks the necessary human or technical resources to know, control or approve all information, contents, products or services provided by other web pages with links established redirecting the user to the Website. Mavens hereby disclaims all liability for any aspect related to web pages establishing this link to the Website; specifically, as a mere example without limitation, in relation to their operation, access, data, information, files, quality and reliability of their products and services, their own links or any of its contents, in general.
- LIABILITY & WARRANTIES
Mavens is unable to guarantee the reliability, usefulness, veracity, integrity or update of all information and/or services and contents of the Website, or the usefulness or veracity of the documentation made available through the same.
Consequently, Mavens does not warrant or assume any liability for:
- Continuity of Website contents and services;
- The absence of errors in such contents and services;
- The absence of malware and/or other harmful components in the Website or supply server;
- the Website’s invulnerability or the impossibility of breaching any security measures adopted therein;
- the lack of usefulness or performance of Website contents and services; or
- any loss and damage caused, to itself or to a third party, by any person infringing the terms, rules and instructions established by Mavens on the Website or in breach of the Website’s security systems.
Nevertheless, Mavens hereby declares that it has adopted all the necessary technical and organisational measures, to the extent of its possibilities, to guarantee operation of the Website and to reduce system errors to a minimum, both in technical terms and in relation to the contents published.
Mavens hereby disclaims all liability for the veracity, integrity or update of the information published on the Website, from external sources, or for that contained in other platforms hyperlinked from the Website. Mavens will not be liable for any hypothetical damages caused by using such information.
- WEBSITE DOWNTIME
Mavens reserves the right to suspend, amend, restrict or interrupt, provisionally or permanently, Website access, browsing, use, hosting or downloaded content, or the use of services, with no prior notice, in relation to a User in breach any of the provisions described in these General Terms, without the User being entitled to claim any indemnification as a result.
- DATA CONFIDENTIALITY AND PROTECTION
- COOKIES POLICY
- GENERAL PROVISIONS
The headings of the various clauses are for informative purposes only and will not affect, define or extend the interpretation of these General Terms. Furthermore, Mavens may change the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same way in which it appears in these terms or through any type of communication addressed to the User.
The validity of these General Terms consequently coincides with the time during which they are displayed, until they are changed in whole or in part, whereupon the amended General Terms will come into force.
Mavens may deem access to the Website contents as terminated, suspended or halted, at any time and without prior notice, without the User being entitled to demand any indemnification whatsoever. Following such cancellation, the prohibitions on content use described above in these General Terms will remain in force.
Should any provision of these General Terms be declared null and void or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or inapplicability will not affect the other provisions thereof.
The failure by Mavens to not exercise or enforce any right or provision contained in these General Terms will not constitute a waiver thereof, unless this is acknowledged and agreed in writing.
- APPLICABLE LAW AND COMPETENT JURISDICTION
This Website is governed by ordinary law applicable in Spain.
For any dispute that may arise from the interpretation and application of these General Terms, and insofar as permitted by current law, both Mavens and the User hereby expressly submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, waiving any other forum to which they may be entitled.