Legal Warning

Law of services of the society based on information (LSSI)

AQUAPLANINGWATERSPORT, S.L., is responsible about this website, from now “RESPONSABLE”, put in users disposal this document, with which it is intended to follow the law and obligations exposed on the Law 34/2002, de 11 julio, about Servicios de la sociedad de la Información and del Electronic Commerce (LSSICE), as well as to let all this website users know about the therms of use.

Any person that access to this website are responsible of the user rol, getting the compromise to follow all the rules displayed as well as any other legal rule if there were needed.

AQUAPLANINGWATERSPORT, S.L. reserve itself the right to modify any kind of information that can appeared on this website without any obligation about let the users know any changes, considering the publication on AQUAPLANINGWATERSPORTS, S.L. as sufficient.

  1. IDENTIFICATIVE INFORMATION

Company name: AQUAPLANINGWATERSPORT, S.L.
Trademark: AQUAPLANIN
CIF: B72772213
Company adress: C/ CAMINO DE JUAN DUMAS
e-mail: aquaplaningwatersport@aquaplaningwatersport

2. THE TARGET

Using this website, we will bring to the users the opportunity to getting access to the information about our services.

3. PRIVACY AND INFORMATION TREATMENT

When the access on some contents or services will be necessary personal information, the users will be the warranty about the accuracy, veracity, authenticity and validity. The company will bring the information the automatic treatment based on it´s propose or its nature that you can find on “Política de privacidad” / “Privacy Policy”.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY.

The User acknowledges and accepts that all the contents displayed in the WebSite and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and / or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, All industrial and intellectual property rights over the contents and / or any other elements inserted in the page, which are the exclusive property of the company and / or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding the company harmless from any claim arising from the breach of such obligations. In no case does access to the Web Space imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Web Space do not confer on Users any other right of use, human resources, alteration, exploitation, reproduction, distribution or public communication of the Web Space and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the company or the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. The company is the owner of the elements that make up the graphic design of the Web Space, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Space or, in any case, has the corresponding authorization for the use of said elements. The content provided in the Web Space may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or in any medium, unless you have the prior written authorization of the aforementioned Entity.

It is also forbidden to delete, evade and / or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Web Space undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in any case the company the exercise of all means or legal actions corresponding to it in defense of its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEB SPACE.

The User undertakes to:

  1. The User undertakes to: Make appropriate and lawful use of the Web Space as well as the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Web Space; (iii) morality and generally accepted good customs and (iv) public order.
  2. Provide all the means and technical requirements that are required to access the Web Space.
  3. Provide truthful information when completing with your personal data the forms contained in the Web Space and keep them updated at all times so that it responds, at all times, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for the damages caused to the company or third parties for the information provided.

Notwithstanding the provisions of the previous section, the User must also refrain from:

  1. Make unauthorized or fraudulent use of the Web Space and / or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.
  2. Access or attempt to access resources or restricted areas of the Web Space, without fulfilling the conditions required for such access.
  3. Cause damage to the physical or logical systems of the Web Space, its suppliers or third parties.
  4. Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers or third parties.
  5. Attempt to access, use and/or manipulate the data of the company, third-party providers and other Users.
  6. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
  7. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
  8. Obtain and attempt to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, those that are usually used on the Internet because they do not entail a risk of damage or disablement of the Web Space and / or the contents.
  9. In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that: • In any way is contrary, disparages or violates the fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the legislation in force.• Induce, incite or promote criminal, denigratory, defamatory, violent or, in general, contrary to law, morality, generally accepted good customs or public order.• Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, Beliefs, age or condition. Induces or may induce an unacceptable state of anxiety or fear.• Induces or incites to engage in dangerous, risky or harmful practices for health and psychic balance.• It is protected by the legislation on intellectual or industrial protection belonging to the company or to third parties without the intended use having been authorized.• Is contrary to honor, to personal and family privacy or to people’s own image.• Constitutes any type of advertising.• Include any type of virus or program that prevents the normal functioning of the Web Space.

If to access some of the services and / or contents of the Web Space, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, or to allow access to the aforementioned services and / or contents by outsiders. Likewise, it undertakes to notify the company of any fact that may involve improper use of its password, such as, by way of example, its theft, loss or unauthorised access, in order to proceed with its immediate cancellation. Consequently, as long as you do not make the above notification, the company will be exempt from any liability that may arise from the improper use of your password, being your responsibility any illicit use of the contents and / or services of the Web Space by any illegitimate third party. If you negligently or intentionally breach any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise from such breach for the company.

6. RESPONSIBILITIES

Continued access or correct viewing, downloading or use of the elements and information contained in the website that may be impeded, hindered or interrupted by factors or circumstances beyond its control is not guaranteed. It is not responsible for the decisions that may be adopted as a result of access to the content or information offered.

The service may be interrupted, or the relationship with the User may be terminated immediately, if it is detected that a use of its Web Space, or any of the services offered therein, is contrary to these General Conditions of Use. We are not responsible for damages, losses, claims or expenses arising from the use of the Web Space.

It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, we will not be liable for any damages that may arise, among others, from:

  1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of the company.
  2. Illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
  3. Illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
  4. Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof. The administrator of the web space reserves the right to withdraw, totally or partially, any content or information present in the Web Space.

The company excludes any liability for damages of any kind that may be due to the misuse of the services freely available and used by Users of Web Space. It is also exempt from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation and doubt services. On the other hand, in case of causing damages due to an illicit or incorrect use of said services, the User may be claimed for the damages caused.

You will hold the company harmless against any damages arising from claims, actions or demands of third parties as a result of your access or use of the Web Space. Likewise, you agree to indemnify against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Web Space.

7. HYPERLINKS

The User undertakes not to reproduce in any way, not even by means of a hyperlink or hyperlink, the Web Space, as well as any of its contents, unless expressly authorized in writing by the person responsible for the file.

The Web Space may include links to other web spaces, managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of these Web Spaces, nor is it in a position of guarantor or / or party offering the services and / or information that may be offered to third parties through the links of third parties.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Web Space exclusively for private and non-commercial use. The Web Spaces that include a link to our Web Space (i) may not falsify their relationship or affirm that such a link has been authorized, nor include trademarks, denominations, trade names, logos or other distinctive signs of our company; (ii) may not include content that may be considered in bad taste, obscene, offensive, controversial, incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iii) may not link to any page of the Website other than the home page;(iv) must link to the address of the Web Space, without allowing the Web Space that makes the link to reproduce the Web Space as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Web Space. The company may request, at any time, that it remove any link to the Web Space, after which it must proceed immediately to its elimination.

The company cannot control the information, content, products or services provided by other Web Spaces that have established links to the Web Space.

8. DATA PROTECTION

To use some of the Services, the User must first provide certain personal data. The company will automatically process this data and apply the corresponding security measures, all in compliance with the RGPD, LOPDGDD and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, under the conditions defined in the Privacy Policy.

9. COOKIES

Cookies are files sent to a browser, through a Web server, to record the User’s navigation in the Web Space, when the User allows their reception. If you wish, you can configure your browser to be notified on the screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser for more information.

Thanks to cookies, it is possible that the browser of the computer used by the User can be recognized in order to provide content and offer the browsing or advertising preferences that the User, to the demographic profiles of the Users as well as to measure visits and traffic parameters, control the progress and number of entries.

10. REPRESENTATIONS AND WARRANTIES

In general, the contents and services offered in the Web Space are merely informative. Therefore, when offering them, no guarantee or statement is given in relation to the contents and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, veracity, accuracy, or merchantability, except to the extent that such statements and guarantees cannot be excluded by law.

11. FORCE MAJEURE

The company will not be responsible in everything in case of impossibility of providing service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION.

These General Conditions of Use, as well as the use of the Web Space, will be governed by Spanish legislation. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of the registered office of the person responsible for the website.

In the event that any stipulation of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, the company will proceed to modify or replace said stipulation by another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.