CALMELL S.A LEGAL DISCLAIMER

In order to comply with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, and in particular Article 10 thereof, the following legal disclaimer is made available to the user. The access, browsing on and use of the website hosted at http://calmell.com (hereinafter, the “Website”) implies the tacit and unreserved acceptance of all the provisions of this legal disclaimer, having the same validity and effectiveness as any contract entered into in writing and duly signed.

Its observance and compliance will be enforceable against any person who accesses, browses or uses the Website. If you do not agree with the above conditions, please refrain from accessing, browsing or using the foregoing.

  1. IDENTIFICATION

Holder: CALMELL S.A (hereinafter, “CALMELL”)
Registered office: Calle Fresser, 12c (Polígono Industrial Pla d’en Coll) 08110 Montcada i Reixac,
Barcelona. Fiscal ID Code (CIF): A-08244287E-mail: calmell@calmell.net
Commercial Registry of Barcelona, Page 16411, Sheet 11, Volume 1788, Book 1206, Section 2 of Companies, Initial Inscription, on 25 April 1970

  1. PURPOSE

This legal disclaimer regulates the access, browsing on and use of the Website, notwithstanding the fact that CALMELL reserves the right to modify the settings, layout and content of the aforesaid Website, as well as the conditions required for its access or use. The access and/or use of the Website after the entry into force of its modifications or changes implies their acceptance.

Nonetheless, access to certain content and the use of certain services may be subject to a series of specific conditions, which will be clearly shown in any case and must be expressly accepted by the users. These specific conditions may replace, complete or, where appropriate, modify those established in this Legal Disclaimer.

For the purposes of the interpretation of this legal notice, it is understood that a person becomes a user (hereinafter the, “User” or “Users”) at the time they accept this legal disclaimer and the privacy policy set out on the Website.

  1. WEBSITE

Through the Website, the User may carry out the following actions:

1. Access information relating to CALMELL services and projects.
2. Discover more about the people who comprise the team.
3. Obtain information regarding social networking profiles.
4. Contact support via email.
5. Newsletter sign up
6. Access the articles published on the blog.
7. Access CALMELL tools and applications.

  1. ACCESS AND REGISTRATION

Access to and browsing of the Website imply that the User of the Website accepts in full and undertakes to comply wholly with this legal disclaimer, alongside the instructions or recommendations indicated in each specific case through the Website.

Access to the contents of the Website is wholly free of charge.

When a User provides personal data through any of the forms enabled for this purpose on the Website, it will be necessary for them to accept the Privacy Policy beforehand.

Under no circumstances will CALMELL be held liable for the veracity of the data provided by the Users, meaning each of them will be solely liable for the possible consequences, errors and failures that might arise from the lack of accuracy of the data.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

1. Rights to the content

CALMELL owns or, as the case may be, holds the corresponding licences on the development rights of intellectual and industrial property necessary to operate the Website, alongside all the content offered on it, including the Website itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it.

2. Rights to the Website

Under no circumstances will it be understood that the access, browsing and use of the Website by the User implies a waiver, assignment or total or partial transfer of these rights by CALMELL. The User is entitled to use the contents and/or services of the Website within a strictly domestic scope and only for the purpose of enjoying the services of the service in accordance with this legal disclaimer.

References to trademarks or registered trade names, or other distinctive signs, whether owned by CALMELL or third parties, imply a prohibition on their use without the consent of CALMELL or their rightful owners. At no time does the access, browsing on or use of the Website and/or its contents grant the User any right over the distinctive signs included therein, unless otherwise set forth in this legal disclaimer.

All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly disclose, transform or distribute, by any means and in any form, the entirety or part of the content included in the Website, for any purpose, without the prior, express and written authorisation of CALMELL or, where appropriate, the holder of the corresponding rights.

At the same time, copyright notices or any other accreditation, which identifies the owners of the Web Site’s contents available as well as technical protection devices, fingerprints, or any other security mechanism or information included in the content available in the Web Site, may not be altered or removed. The services offered, or any information provided through the Website may not be used for commercial or advertising purposes without prior authorisation from CALMELL. In any event, the User undertakes not to use the Website for unlawful or prohibited purposes.

3. Rights to the contents and information disclosed by the User

Should users send information of any kind to CAMMEL through any of the channels enabled for the purpose, the user states, guarantees and accepts that they are entitled to do so, that the information referred to does not infringe any intellectual or industrial property right, trade secret or any other rights of third parties and that the information specified is not confidential or damaging to third parties.

The User acknowledges assuming responsibility, leaving CALMELL harmless, for any communication or content that is sent personally or in his name. If the User becomes aware of the existence of any illegal, illicit, unlawful content or that could imply an infringement of intellectual, industrial, or any other type of property rights, he must immediately notify CALMELL through the email address calmell@calmell.net meaning that it can proceed to adopt the appropriate measures.

Likewise, in the event that any User or a third party considers that any of the contents of the Website owned by CALMELL breaches their intellectual, industrial, or any other property rights, they must send a communication to calmell@calmell.net with the following information:

1. Identification data and means of contact of the complainant or its legal representative.
2. Documentary evidence of its status as a holder of the rights allegedly
infringed.
3. Detailed report of the rights allegedly infringed by CAMMEL, as well as their precise location within the Website.
4. Specific statement by the complainant that the use of the contents was carried out without the consent of the holder of the rights allegedly infringed.

  1. LINKS

1. Links to other websites

In the event that links to other web pages are displayed on the Website through different buttons, links, banners or embedded content, CALMELL informs that these are managed by third parties, not having CALMELL either the human or technical means to know in advance and/or control and/or approve all the information, content, products or services provided by other platforms to which links can be established from the Website.

Consequently, CAMMEL accepts no liability in any regard for any platform or website which may be accessed through links from the Web Site including their performance, access, data, information, files, and the quality and reliability of their products and services, their own links and/or any of its content, in general.

Accordingly, if users are certain that the activities promoted on the third party websites referred to are illegal or contravene morality and/or public order, they are required to notify CAMMEL immediately in order for the access link to those sites to be disabled. This will occur at their earliest juncture.

In any event, the fact that a link from the Web Site to another website may be established, does not imply that there is any kind of relationship, collaboration or dependency between CAMMEL and the persons responsible for the website in question.

2. Links to the CALMELL channel on other platforms and social networks

CAMMEL makes available to Users, through different tools and applications, linking means that allow Users to access the channels and websites that CAMMEL maintain on different platforms and, where appropriate, social media profiles owned and/or managed by third parties (e.g. Facebook, Twitter, etc.). The inclusion of these links on the Website has the sole aim of providing Users with access to these channels on different platforms and social media.

The establishment of these applications does not imply the existence of any relationship between CALMELL and the owner, manufacturer or distributor of the linked Website, as well as the acceptance and approval by CALMELL of its contents and/or services, with its owner, manufacturer or distributor being solely liable for these.

The activation and use of these applications may involve the identification and authentication of the User (login/password) at the corresponding platforms, wholly external to the Website and beyond the control of CAMMEL.

By accessing these external networks, the User enters an environment not controlled by CAMMEL, so it will not assume any liability for the security settings of these environments.

Since CAMMEL may have limited control over the content hosted on said channels, the User acknowledges and accepts that CAMMEL assumes no liability for the content or for the services that the User may access on said pages, or for any content, products, services, advertising, or any other material available on them.

3. Links on other websites destined for the website CALMELL does not authorise the establishment of a link to the Website from those pages that contain illegal, illegal, degrading, obscene materials, information or content and, in general, that contravene the laws, morals or public order, or generally accepted social norms.

In any event, Users may create links that lead to the Website, whenever these meet the following conditions:

1. The link may not reproduce the content of the Website or parts of it in any way.
2. It is not permitted to create a browser or a border environment on the sections of the Website, nor in any other way may the Website be modified.
3. It is not permitted to make false or inaccurate or incorrect statements or indications regarding the Website and/or, in particular, to state or imply that CALMELL has authorised the link or that it has supervised or assumed in any way the contents or services offered or made available on the website on which said link is established.
4. The web page on which the link to the Website is established must not contain illicit information or content, contrary to morality and generally accepted good customs and public order, as well as it shall not contain contents contrary to any rights of third parties, including the rights of intellectual and industrial property and/or the right to honour, to personal or family privacy or to one’s own image or any other right, or contents contrary to the regulatory rules of the protection of personal data, CALMELL holds no authority or human or technical means to ascertain, control or approve all the information, content, products or services provided by other websites that have established links to the Website. CAMMEL does not assume any type of liability for any aspect pertaining to the website which establishes this link to the Website, to be precise, including, but not limited to, about its operation, access, data, information, files, quality and the reliability of its products and services, its own links and/or any of its contents, in general.

  1. WEB SITE USAGE REGULATIONS

It is not permitted to access or use the Web Site for illegal or unauthorised purposes, with or without profit and, therefore, the consequences of such access or use shall be the sole responsibility of the user. In particular, but without the following list being exhaustive, it is prohibited to:

1. Use the Web Site in any way that could cause damages, interruptions, inefficiencies or defects in its functioning or in the computer equipment of a third party;
2. Use the Web Site to transmit, install or publish any virus, malicious code or other programmes or files which may or may not be harmful.
3. Use the Web Site to collect personal data from other Users.
4. Use the Web Site unlawfully, against good faith, morals and public order.
5. Register through the Web Site using a false identity, impersonating third parties or using a profile or performing any other action that may confuse other Users regarding the identity of the User.
6. Access without authorisation to any section of the Website, to other systems or networks connected to the Website, to CALMELL servers, or to the services offered through the Website, by means of hacking or forgery, password extraction or any other illegitimate means.
7. Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in CALMELL’s systems or networks, as well as in the systems and networks connected to the Website.
8. Prevent the normal development of an event, contest, promotion or any other activity available through the Web Site or any of its functional aspects, either by altering or trying to alter, illegally or otherwise, access, participation or operation thereof, or falsifying the result thereof and/or using fraudulent participation methods, through any procedure, and/or through any practice that subverts or breaches these Terms and Conditions.

Failure to comply with any of the foregoing obligations by the user may entail the adoption by CAMMEL of the appropriate measures protected by Law and in the exercise of its rights or obligations, which may lead to the deletion or blocking of the account of offending user, without there being any possibility of compensation for the damages caused.

  1. RESPONSIBILITIES AND GUARANTEES

CALMELL cannot guarantee the reliability, usefulness or veracity of all the information and/or services and contents of the Website nor of the usefulness or veracity of the documentation made available through it. Accordingly, CAMMEL does not guarantee nor is it liable for:

1. The continuity of the contents, services and/or functional aspects of the Website.
2. The absence of errors in the aforesaid content,
3. The absence of viruses and/or other harmful components on the Web Site or on the server hosting it.
4. The invulnerability of the Web Site and social media profiles and/or the impossibility of breaking the security measures adopted;
5. The lack of usefulness or performance of the contents of the Web Site, and
6. The damages caused to itself or to a third party by any person who infringes the conditions, rules and instructions that CAMMEL lays out on the Website or by violating the Web Site’s security systems.

Nevertheless, CAMMEL states that it has taken all the measures required insofar as it is able and in accordance with the technology available to guarantee the App’s performance and to minimise system errors, with regard to technical aspects and the Web Site’s content.

CALMELL does not guarantee the legality, reliability, or usefulness of the content provided by third parties through the Web Site. If the user is aware of the existence of any illegal or unlawful content, which may infringe third parties’ rights, the user must immediately notify CAMMEL in order for the appropriate measures to be taken.

CAMMEL is not liable for the accuracy, reliability or updating of information from external sources on the App or on other platforms accessed through links from the Web Site. CAMMEL will not assume any liability for any hypothetical damage that may arise owing to the use of this information.

CALMELL will not be liable for causes beyond its control, including but not limited to: force majeure, internet access issues, technological issues beyond the diligent and reasonable management of CALMELL, actions or omissions of third parties, etc. In all cases referred to, beyond the control and due diligence by CALMELL, there will be no compensation of CALMELL to the User for damages, to the extent permitted by current legislation.

  1. SUSPENSION OF THE WEB SITE

In any event, CAMMEL reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and/or downloading of content and/or use of the Web Site’s services, with or without prior notice, to users who contravene any of the provisions specified in these Terms and Conditions. The user will not be entitled to compensation in this case.

  1. DATA PROTECTION

n accordance with the provisions of Organic Law 3/2018, of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (Protección de Datos Personales y garantía de los derechos digitales), all personal data gathered during the use of the Web Site will be processed in accordance with the provisions of the Privacy Policy, which every User must expressly accept in case of providing personal data through the Website.

  1. GENERAL CONSIDERATIONS

The headers of the various clauses are merely informative, and they will not affect, classify or extend the interpretation of the Legal Disclaimer. CAMMEL may modify any or all of these terms and conditions at any time by publishing any change in the same format as this Legal Disclaimer or by way of any other type of communication directed towards Users.

The temporary validity of this Legal Disclaimer coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified Legal Disclaimer will become effective.

CALMELL may terminate, suspend or interrupt, at any time and without notice, access to the contents of the Web Site, without the possibility for the User to demand any compensation. After such termination, the prohibitions on the use of the contents set out above in this legal disclaimer will remain in force. In the event that any provision of this legal notice is declared void or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such invalidity or lack of enforceability will not affect the remaining provisions of this legal disclaimer.

The failure of CALMELL to exercise or enforce any right or condition contained in this legal notice will not constitute a waiver thereof, unless acknowledged and agreed in writing by CALMELL.

  1. APPLICABLE LAW AND COMPETENT JURISDICTION

The current regulations will determine the laws that must govern and the jurisdiction that must know of the relationships between CALMELL and the Users of the Web Site. However, provided that such legislation provides for the possibility for the parties to submit to a specific jurisdiction, for any litigation matter derived from or related to the Website, the Spanish legislation in force at the time of the facts will apply. Likewise, CALMELL and the Users, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of the city of Madrid (Spain).

To file complaints in the use of our services, we may be contacted by email at the following address CALMELL@CALMELL.com undertaking to seek at all times an amicable solution to any conflict.
Last updated: 28 April 2015

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