1 – Conditions of use and acceptance
By using the LICAR site, you become a USER. The use of the site and any of the services and information of the same, means your ACCEPTANCE, as a user, without reservation of any kind, each and every one of the terms of use governing the provision of such content and service.
LICAR informs you that certain content, services and / or products may be subject to SPECIFIC CONDITIONS, which previously brought to your attention and, as the case may be, replace and / or modify the general conditions contained herein. Access to and use of such content, products and services implies YOUR ACCEPTANCE of the specific conditions existing at the time of access, which are incorporated into the general conditions. In the event of a contradiction between the terms and conditions stated in the General Conditions and in the Specific Conditions, the conditions agreed in the latter instrument will always prevail with respect to those incompatible terms, and only with respect to those contents, services and/or products subject to such specific regulation. For example, if you use the e-business section, LICAR may provide you with specific guidelines.
LICAR may at any time and without prior notice, modify the terms of use of its products, content and services and introduce new terms and conditions. Please review the terms and conditions of use periodically.
LICAR provides its content, products and services on an “as is” basis.
2 – Characteristics of the SITE
LICAR provides you as a USER access to a wide range of online resources through the SITE.
LICAR reserves the right to alter without notice and at any time the presentation and configuration of the SITE as well as the content, products and services. As a user, you acknowledge and agree that at any time LICAR may suspend, disable and / or delete any of the services, products and / or content that make up the SITE.
LICAR will endeavor to try to ensure the availability and accessibility of the SITE with continuity. However, it may happen that changes of address, the establishment of new connections, updating the SITE may cause interruptions for the time necessary to perform these tasks.
3 – Obligations of the USER
3.1. As a user, you agree to use the SITE in a diligent and correct manner and undertake not to use the SITE to carry out activities contrary to law, morality, accepted good customs and/or for illegal purposes or effects, prohibited or detrimental to the rights and interests of third parties, declining LICAR any liability that may arise therefrom.
3.2. As a user, you acknowledge and accept that the use of the SITE is for private and particular purposes, and it is expressly forbidden to use or incorporate, as a business activity, the contents, services and products of the SITE.
3.3. As a user, you must refrain from altering or manipulating the mentions of © and other data identifying the intellectual and/or industrial property rights of LICAR or of the owners of products incorporated into the SITE, as well as any technical protection devices that may be in place.
3.4. In the event that LICAR had provided you the ability to create a personal access code (password) to enter restricted areas, you will be the only person who can make use of it, and therefore will be responsible for all activities carried out under that code. For this purpose, you must select characters that are not easily identifiable and keep them secret. Providing other unauthorized persons with, using, or attempting to decipher the access code of others is considered a serious violation of the security rules.
4 – Exclusion of warranties
4.1. Under no circumstances does LICAR grant any implicit or explicit guarantee on the services, products and/or contents of the SITE or on the SITE itself. Thus, by way of example, LICAR does not guarantee:
(1) The availability and continuity at all times and from anywhere of the operation of the SITE, its contents, products and/or services.
(2) The uninterrupted access and, at all times, the SITE and the products, services and / or content it incorporates.
(3) The levels of quality, interoperability, quantity and functionality of the products, services and/or contents included in the SITE.
(4) The adequacy, suitability for a particular and/or specific purpose of the services, products and/or contents incorporated in the SITE.
(5) The truthfulness, accuracy, completeness, legality, reliability, timeliness and usefulness of the contents.
(6) The absence of viruses or other harmful elements in the contents or services provided through the SITE.
(7) Unauthorized access and/or alteration of the data stored and transmitted through the SITE or the services it offers.
4.2. LICAR, unless expressly stated in the specific conditions, does not intervene in the provision of products, content and / or services provided by third parties through the SITE or outside the SITE. Nor does it supervise or exercise control over their legality, accuracy, truthfulness, suitability, quality, reliability, authenticity and/or usefulness, and therefore does not offer any kind of guarantee on them.
5 – Liability and disclaimers
5.1. As a user, you are aware and voluntarily accept that the use of the SITE, services, contents and products takes place, in any case, under your sole responsibility. Thus, except in cases where the law imperatively requires limiting liability, LICAR against the user or customer assumes no liability whatsoever for access to and use of the SITE or the products, content and / or services incorporated, being always and in any case, excluding compensation for lost profits.
5.2. By way of non-limitation, LICAR’s exemption from liability includes any liability arising from:
(1) The lack of availability and continuity of the operation of the SITE, its contents, products and/or services.
(2) The interruption, suspension or cancellation of access to the SITE and the products, services and / or content it incorporates.
(3) Failure to comply with the levels of quality, interoperability, quantity and functionality of the products, services and/or contents included in the SITE.
(4) The lack of adequacy, suitability for a particular and/or specific purpose of the services, products and/or contents included in the SITE.
(5) The lack of truthfulness, accuracy, completeness, legality, reliability, timeliness and usefulness of the contents.
(6) The existence of viruses or other harmful elements in the contents or services provided through the SITE.
(7) Unauthorized access and/or alteration of the data stored and transmitted through the SITE or the services it offers.
(8) The lack of legality, accuracy, truthfulness, suitability, quality, reliability, authenticity and/or usefulness of the products, contents and/or services provided by third parties through the SITE or outside the SITE. In particular and, by way of example, for damages caused by:
a. The infringement of intellectual and industrial property rights, personality rights and any other rights of third parties on the occasion of the transmission, dissemination, availability, reception, access, access, obtaining content, services and / or products.
b. The performance of acts of unfair competition and/or unlawful advertising.
c. The existence of vices and defects of the products, services and/or contents disseminated or made available through or on the occasion of access to the services, products or contents of the SITE.
d. The non-fulfillment or defective fulfillment of the obligations contracted by third parties through or in connection with the access to the services, products or contents of the SITE.
5.3. As a user is aware and voluntarily accepts that the third party supplier of products, services and content, outside LICAR or outside the SITE is solely and exclusively responsible for any damages that may result from the provision of their products, content and services.
5.4. LICAR does not guarantee the technical availability, quality, accuracy or veracity of the content, products and services available on third party sites to which, as a user, you can access through links (links) from the SITE. LICAR does not offer or market them and does not exercise any control over them and assumes no responsibility for them.
6 – Intellectual and Industrial Property
6.1. As a user you acknowledge and agree that the elements of the SITE and each of the content, products and / or services, as well as its structure, sequence, organization, presentation of content, databases, computer programs used in connection with them, are protected by intellectual and industrial property rights of LICAR or third parties.
Thus, unless authorized by LICAR or third party owners or that is legally permitted, as a user must use the materials, elements and information that you access through the use of the SITE and each of the Services only for their own needs, making neither directly or indirectly commercial exploitation of the Services, or materials, products, elements and information obtained through them.
6.2. As a user you must refrain from removing the signs identifying the rights (industrial, intellectual property or any other) of LICAR or third parties appearing on the SITE.
6.3. If you wish to make a hypertext link / link to this SITE or wish to distribute the contents, documents, of this SITE to another or other persons must, in any case, request express authorization. To request such authorization send an e-mail to: contacto@LICAR.com including your name, address and telephone number, as well as, where appropriate, indicating the WEBSITE from which you want to make the link to the LICAR SITE or making a description of what you want to copy, to whom to distribute and by what means.
7 – Infringement notification procedure
If you consider or observe that any of the contents of the WEBSITE may infringe intellectual property rights or any other kind of rights, please contact the LICAR service at comercial@licar.es or at LICAR’s registered office by providing the following information:
I. The name, surname, national identity document, address, telephone number and e-mail address of the claimant, or, if applicable, of the person authorized to act in his name and on his behalf.
II. Identification of the alleged unlawful activity and, in particular, in the case of an alleged violation of industrial or intellectual property rights, a precise and specific description of the protected contents as well as their exact location.
III. Express declaration in the following terms: (a) that the information relating to the infringement of the rights is accurate and truthful and the declarant is the legitimate owner of the protected rights and (b) that the exploitation carried out is unlawful and infringing of rights.
8 – Personal data
8.1. To use or access any of the services, products and / or content of the SITE, LICAR may ask you as a user to complete certain registration forms with personal data. Such personal data are processed by LICAR in accordance with the terms published in the Personal Data Policy. By completing and submitting the aforementioned forms on the SITE, you as a user expressly CONSENT AND AUTHORIZE LICAR to collect, automatically process and transfer, as the case may be, the personal data requested in accordance with the purposes and under the conditions detailed in the aforementioned Personal Data Policy.
8.2. LICAR has adopted and will adopt the technical and organizational security measures that are mandatory in accordance with the provisions of current legislation. However, as a user acknowledges and accepts that Internet security measures are not impregnable and that any communication sent by this means may be intercepted or modified by unauthorized persons, LICAR can not guarantee the full security of the use of the SITE.
9 – Notifications
Unless otherwise stipulated, all notices required under these general conditions of use or in any way related to them, will be sent in writing and by mail to the registered office of LICAR indicated.
10 – Completeness
The clauses that make up these General Terms and Conditions of Use constitute the formal and definitive expression of the parties’ declaration of intent. Any document or declaration prior to the entry into force of these General Conditions of Use shall be deemed to be definitively repealed.
11 – Waiver
The waiver by LICAR to exercise its rights in case of breach of any provision of the present General Conditions of Use shall not be construed as a waiver of its rights against any other breach of the same or any other provision.
12 – Duration and Termination
12.1. The SITE and the services, contents and products informed by the same have an indefinite duration. Notwithstanding the foregoing, any legal relationship shall be terminated immediately when LICAR publishes New General Conditions of Use. Access to and use of the SITE will imply full acceptance of the new conditions and the beginning of a new legal relationship.
12.2. In any case, LICAR is authorized to terminate or suspend, at any time unilaterally and for no reason other than its will in this regard, the provision of the SITE service and any of the content, products and services.
13 – Applicable Law, Language and Jurisdiction
13.1. These General Conditions of Use are governed by current Spanish law (expressly excluding conflict of law rules). As a user as well as LICAR, you submit to the Courts and Tribunals of Donostia – San Sebastián, expressly waiving any other jurisdiction that may correspond to you, to resolve any dispute that may arise from the provision of SITE services, products, content and services subject to these General Conditions of Use. Likewise, the Spanish version will be used in case of doubt, controversy or interpretation of the terms of these legal conditions.
13.2. In the event that as a user is domiciled outside Spain, as a user as well as LICAR, submits, expressly waiving any other jurisdiction that may apply, to the Courts and Tribunals of Donostia – San Sebastian.
