Legal Notice
1. IDENTIFICATION AND OWNERSHIP
In compliance with the Spanish Information Society Services law, the website www.grupo-otua.com is owned by OTUA S.L. (hereinafter OTUA), and the ownership data and the general terms and conditions for using the website are stated below:
- Company Name: Otua SL
- TIN: B48070445
- Legal Address: C/ San Antolín, 10 01170 Legutio, Araba/Álava, Spain
- Registered in the company house of Álava/Araba volume 963 page 25 sheet VI-7.756 inscription 19
2. GENERAL TERMS AND CONDITIONS FOR USE
By visiting our website, a person become a user of it (hereinafter User), and they express acceptance of the version of these general terms and conditions published at the time the User accesses the website, for which purpose the User should read the general terms and conditions carefully if they intend to use the website.
The User is responsible for using the website, which is extended to registering as necessary to access certain services or content. For that purpose, the User will be responsible for providing truthful and lawful information for registration. As a consequence of registration, the User may be provided with a password they will be responsible for, and they commit to keep it confidential and use it carefully.
OTUA will take the actions it may be legally entitled to derived from non-compliance with these terms and conditions, as well as any inappropriate use of its website.
2.1. Limitation of Liability
OTUA is not liable for any computer related or other kind of damages that may be caused to Users who access the content of this website due to errors or omissions in the content, lack of availability of the website or interruptions in the functionality of the website or its services, or the transmission of viruses and malicious or damaging programmes in the content, despite having adopted all the technological measures necessary to prevent it.
OTUA does not guarantee the absence of viruses or harmful elements that could cause damage or modifications to a computer system, electronic document or in files of a User of this website. Consequently, our organisation is not liable for damages that those elements could cause to Users or third parties.
OTUA does not guarantee the availability or continuous operation of its website or its services.
OTUA is not responsible for damages of any kind that may be due to the use Users make of the website or its services or content.
In those contexts, OTUA is not responsible for any kind of damages that may be due to a lack of availability or an interruption of service of our website or the services under the terms that have been expressed.
2.2. Commitment to Users
Users are obligated to use the website in a diligent, correct and lawful way and, in particular, they commit to using the content and services OTUA provides on its website appropriately, including but not limited to not using them for the following purposes:
(a) Removing, evading or manipulating the copyright, brands or other data identifying the rights of OTUA or the owners that are included in the content or products commercialised on our website, or any technical protection devices, digital fingerprints or any information mechanisms that could contain them.
(b) Using the content and, in particular, information of any kind obtained via our website, to send publicity, messages for the purposes of direct sales or any other commercial purpose, or unsolicited messages to a group of people.
(c) Reproducing, copying, distributing, or allowing public access through any mode of public communication, transforming or modifying content without authorisation from the owner of the corresponding rights, or when it is legally permitted.
(d) In general, using the content in a way with purposes or effects that violate the law, morality or generally accepted good manners, or the public order Specifically, engaging in activities that could include, but are not limited to, disseminating racist or xenophobic content or propaganda, pornographic or illegal content, or content that constitutes an apology for terrorism or violates human rights or personal dignity and respect, or that is discriminatory, xenophobic, racist, pornographic, attacks young people or children, public order or safety, or that is not suitable for publication in our judgement.
(e) Cause damage to the physical or logical systems of OTUA, its providers or third parties, or introduce or spread a computer virus on the network or any other physical or logical systems that are susceptible to causing the damage mentioned previously.
(f) Try to access and, as may apply, use the email accounts of other users and modify or manipulate their messages.
OTUA is not responsible for the opinions expressed by Users through the participation channels created for that purpose, and they reserve the right to remove any comments or contributions that are not appropriate for publication, in accordance with the considerations above. OTUA reserves the right to deny or remove access to the website or services provided through it without prior notice, on their own or a third party’s accord, to any User who does not comply with these general terms and conditions for use.
2.3. Appropriate Use of the Content of the Website by Users in Terms of Intellectual Property
OTUA declares that the intellectual property rights (brands, commercial names, etc.) that appear on this website are their property or are being used legally under usage agreements or licenses, and they are protected by the intellectual property rights code.
OTUA is the owning company of this website. Likewise, and unless stated to the contrary, the ownership of all intellectual property rights for the content on the website belong to OTUA. The content includes but is not limited to databases, brands, lettering, logos, images, drawings, graphics, texts, drawings, photographs, distinctive signs, HTML code, audio, video, musical creations, sound, images and software and, in general, all creations expressed by any means or on any tangible or intangible support currently known or that is invented in the future, and they are protected by domestic and international intellectual property regulations, among other things.
Consequently, the content cannot be manipulated in any way (modified, copied, altered, reproduced, transmitted, adapted, translated or manipulated in any other way), by any User or third party, in whole or part, without express authorisation from OTUA.
Providing services and publishing content through the website does not imply in any event the granting, waiving or transmission in whole or part of the ownership of the corresponding intellectual property rights.
No part of this website may be reproduced, distributed, broadcast, copied, publicly communicated, or transformed in whole or part using any manual, electronic or mechanical system or method (including photocopying, recording or any information storage or recovery system) using any support that is currently known or invented in the future.
OTUA does not grant any license or authorisation for use of any kind for its intellectual property rights or for any other property or rights related with the website.
Users may not use the content or services on the website in a way that is not exclusively personal, other than the specific exceptions in these terms and conditions which, as applicable, OTUA has established to regulate the specific use of certain content or services provided on the website.
If an action or malicious or negligent omission directly or indirectly imputable to a User of the website that constitutes a violation of OTUA’s intellectual property rights, regardless of whether there is a profit for them, causes damage, joint and several obligations, expenses of any kind, sanctions, coercive measures, fines or other amounts stemming or deriving from any complaint, lawsuit, legal action, litigation or proceedings, either civil, criminal or administrative, OTUA will have the right to direct itself against the User with all legal means at their disposal and seek any amount as indemnity. Such compensation may include but is not limited to, moral or reputational damages, consequential damages and loss of profit, advertising costs or costs of any other kind that may arise to redress damages, sanction amounts or unfavourable sentences, interests for late payment, financing costs for both amounts that may arise for the opposite party, legal costs and the amount for defence in any lawsuit in which they may be sued for the reasons mentioned above, or damages caused by their actions or omissions, notwithstanding exercising any other legal actions it has a legal right to.
2.4. Procedures in the Event of Violating Intellectual Property Rights
In the event any User or third party believes any content has been included on the website in violation of their intellectual property rights they should send a notification to OTUA with a complete and precise description of their identifying information and the intellectual property rights supposedly violated, as well as the website.
2.5. Permissiveness of Links and Hyperlinks and Limitation of Liability with Third-Party Websites
OTUA will not be directly or subsidiarily responsible for links, including banners and buttons, that make it possible for Users to access websites or third-party services that do not belong to or are not under the control of OTUA via this website, and they will not be responsible for the information on those websites, nor any effects that may result from that information.
3. APPLICABLE LAW AND JURISDICTION
OTUA and the User expressly renounce any other legal forum and will be subject to the courts of the jurisdiction of Vitoria-Gasteiz for any dispute that may arise from providing the services that are the object of these terms and conditions.