legal warning

Legal Warning

1. Aim

This legal warning governs the use of the Internet website www.disma-costa.com which the company DISMA COSTA SL makes available to Users. The site has been designed to offer information, activities, products and services of DISMA COSTA SL, referred to jointly in this document as the Contents.

The use of this website gives the condition of User, which implies acceptance of these conditions in the version published at the time of access to the site. Therefore, DISMA COSTA SL recommends that the User read these conditions carefully each time the site is accessed.

DISMA COSTA SL may alter at any time and without advance notice the design, presentation and/or configuration of the website, as well as any or all of the Contents and to modify the general conditions required in order to use the contents.

2. Access and security

Users will normally have free access to the website, however DISMA COSTA SL reserves the right to limit access to certain areas of the website according to current legislation for which Users will have to register, providing the information requested, accurately (see privacy policy).

Use of the password is personal and non-transferable, and it is prohibited to transfer this, not even temporarily, to others. In this sense the User agrees to make correct use of the password and to keep it secret, and assumes all responsibility for any consequences resulting from passing the password on to others.

In the event that the User knows or suspects that somebody else is using their password, they must inform DISMA COSTA SL as soon as possible.

3. Use of the Contents

The User agrees to use this service without incurring in activities which could be considered illicit or illegal, and which infringe the rights of DISMA COSTA SL or others, or which go against the moral or behaviour code of the network.

Furthermore, the User expressly agrees not to carry out any of the following activities:

• Destroy, alter, render useless or in any way damage the data, programs or electronic documents belonging to DISMA COSTA SL or others. These acts could constitute criminal damages, envisaged in article 264.2 of the Criminal Code.
• Hamper access by other Users to the service by massive use of the information resources through which DISMA COSTA SL provides the service, nor to do anything which could damage, interrupt or generate errors in these systems.
• Introduce programs, viruses, macros, applets, ActiveX controls, or any other logical device or sequence of characters which could cause or be susceptible to cause any type of alteration to the information systems of DISMA COSTA SL or others.
• Use the Contents in such a way, for aims or purposes against the Law, moral and general accepted customs or public order.
• Reproduce or copy, distribute, permit public access by any means of public communication, transform or alter the Contents, without the authorisation of the owner of the corresponding rights or unless it is permitted by Law.
• To violate the intellectual or industrial property rights belonging to DISMA COSTA SL or others.
• To use the Contents, and in particular, the information of any type obtained through the website in order to issue publicity, communications for direct sales or any other commercial aim, to send out unsolicited mass messages regardless of the aim, as well as to commercialise or divulge this information in any way.

The User shall be responsible for any loss and damage of any nature which DISMA COSTA SL could suffer, directly or indirectly, as a result of non-compliance with any of the obligations arising out of the General Conditions or by Law in connection with the use of the website.

DISMA COSTA SL will at all times ensure respect of current legislation, and reserves the right to discretional refusal, at any time and without the need for advance warning, of access to any User to this website or any part thereof, when the circumstances described in this legal warning are met.

4. Service

DISMA COSTA SL reserves the rights to interrupt access to its website, as well as the provision of any or all of the Contents given through the website at any time and without prior notice, either for technical reasons, or for security, control, maintenance, electricity supply failure or any other reason. This interruption may be temporary or permanent.

Therefore, DISMA COSTA SL does not guarantee the reliability, availability or continuity of the website nor of the Contents, so that the use thereof by the User is made on their own account and at their own risk, without that, at any time, responsibilities may be claimed from DISMA COSTA SL in this respect.

5. Intellectual and industrial property rights

All rights are reserved. All website design, text, graphics, the typographical arrangement thereof, and all other material on this website is copyright of DISMA COSTA SL or their service and technology providers.

All rights related to the trademarks, commercial names, company names, logos and service marks shown on this website, even if they do not bear the identification of Registered Trademark ®, exclusively belong to DISMA COSTA SL or their lawful proprietors and they are protected by the national and international laws of Industrial Property, Intellectual Property and Copyright.

The Users acknowledges the Industrial and Intellectual Property rights of DISMA COSTA SL over the elements which make up the website www.disma-costa.com, and which protect the graphic design, menus, icons, the HTML code, the Java or JavaScript applets, the ActiveX controls, the text, images, textures, graphics and any other contents of this website. Furthermore, the logos, domain names, brand names and trademarks owned by DISMA COSTA SL are protected. This is purely an informative summary and is in no way a restricted list.

DISMA COSTA SL reserves the rights of reproduction, alteration, adaptation, public communication, maintenance, correction of errors, transfer, sale, lease, loan and any other corresponding intellectual or industrial property rights over the contents of the website www.disma-costa.com

DISMA COSTA SL does not grant any licence or authorisation of any kind to use its intellectual property rights or over any other right relating to its website.

Any infringement of DISMA COSTA SL’s rights will result in appropriate legal action being taken against infringers.

6. Responsibility

DISMA COSTA SL shall not be responsible in the event of interruptions to the service, delays, errors, malfunction thereof, and in general, all other inconveniences which may arise for reasons beyond the control of DISMA COSTA SL, and/or due to fraudulent or culpable use by the User and/or caused by "Force Majeure".

Without prejudice to article 1105 of the Civil Code, in addition to and for the purposes of this legal warning, all those occurrences which occur beyond the control of DISMA COSTA SL, are understood included under the concept of "Force Majeure" such as: failures by third parties, operators or service companies, Government acts, lack of access to third party networks, acts or omissions by Public Authorities, any others occurring as a result of natural phenomena, power cuts, etc., and attack by hackers or others specialists in to the security or integrity of the information systems, providing that DISMA COSTA SL has adopted all the security measures existing in accordance with the state of the technique.

In any event, regardless of the cause, DISMA COSTA SL. shall not assume any responsibility whatsoever either for direct or indirect damage, consequential damage and/or for loss of profit. DISMA COSTA SL. shall have the right, without the existence of any indemnification to the User for these concepts, to temporarily suspend the services and contents of the website in order to carry out maintenance, improvements or repairs.

The User shall be the only person responsible for any infringements incurred or damages caused by using the website, and DISMA COSTA SL is exonerated from any responsibility.

The user is the only person responsible in the event of any legal claim or action, in or out of court, initiated by others against DISMA COSTA SL or against the User based on the use of the service by the User. The User undertakes all the expenses, costs and indemnifications suffered by DISMA COSTA SL as a result of such legal claims or action.

DISMA COSTA SL places at the disposition of the Users a series of links, banners and other types of connections, so that they can access other websites. The purposes of these links is to inform the User regarding other sources of information on the Internet, where the information supplied on the website of DISMA COSTA SL can be enlarged upon.

However, DISMA COSTA SL is exonerated from all responsibility in respect of the User for the correct use of such links, the results obtained therefrom, the veracity and legality of the contents or information accessed and to exclude any responsibility for loss and damage of any kind arising out of the services rendered by others through the link sites.

DISMA COSTA SL does not assume any responsibility for damage caused to the Users' equipment due to possible viruses contracted by the User whilst using the website or any other damage arising out of such use.

DISMA COSTA SL does not offer any guarantee in respect of the continuity or absence of errors in any of the Contents accessible via its website, and neither does it guarantee the correction of any defect or the absence of viruses and any other damaging components at this website or in the supply server.

7. Privacy and personal data protection

Anonymous use of the website DISMA COSTA SL may only obtain and keep the following information regarding visitors to its website:

• The server's domain name (PSI) giving access to the network. eg, a User of server XXX shall only be identified with the domain name xxx.es. In this way, we can draw up statistics regarding the countries and services which visit our website most often.
• The date and time of access to our website. This allows us to check the busiest times, and make the necessary adjustments in order to avoid problems of saturation during our peak hours.
• The Internet address of the link to our website. Thanks to this information, we can know the effect of the various banners and links which lead to our server, in order to boost those which offer the best results.
• The number of visitors daily to each section. This allows us to know the most successful areas and to increase and improve the contents in order that Users may obtain the best results.
• The information obtained is absolutely anonymous and in no case may be associated with a specifically identified User.

Protection of personal data DISMA COSTA SL informs the User that the treatment of the personal data provided on the electronic forms on the website is effected in accordance with data protection legislation.

In this sense the User is informed that by sending their personal details on the electronic forms included at the website they authorise DISMA COSTA SL to automatically process the data provided on these forms for the purposes indicated therein.

The User is responsible in any event for the veracity of the information provided, and DISMA COSTA SL has the right to exclude from the services registered all users who provide false data, without prejudice to any other legal action which may be taken.

Communications may be sent to the Marketing Department of DISMA COSTA SL, at the company address, in order to exercise the rights of access, rectification, cancellation, or where applicable, opposition to automatic processing of personal data.

8. Applicable legislation and jurisdiction

For all legal matters or questions relating to the web site of DISMA COSTA SL, Spanish legislation will apply in order to resolve all conflicts arising out of or relating to the use of this website, at the Courts and Tribunals of Spain.

DISMA COSTA SL

Avda. Ricardo Soriano n° 21 – Ed. RS21 Planta 2, Officina 4, 29601 Marbella (Málaga)

IBAN: ES86 0081 7460 6100 0282 3991 / BIC: BSABESBB / NIF: B93539666

ADMINISTRATOR / CEO: Klaus Stephan Reeckmann

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