LEGAL NOTICE

The website https://www.macaelmarmol.com/ (hereinafter, the “Website”) is owned by ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA (hereinafter, the “COMPANY”), with registered office at: CTRA. OLULA-MACAEL KM 1,7 – 04867 MACAEL (ALMERIA) and CIF G04011458,

ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA welcomes you and invites you to read carefully the General Conditions of Use of this Web Site (hereinafter, the “General Conditions of Use”) that describe the terms and conditions that will be applicable to your navigation through it, in accordance with the provisions of the applicable Spanish regulations. Given that the company may modify these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

In order to ensure that the use of the Web Site meets the criteria of transparency, clarity and simplicity, ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA informs the User that any suggestion, doubt or query about the General Conditions of Use will be received and solved by contacting the company through the e-mail asociacion@macaelmarmol.com.

1. Purpose

ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA provides the content and services that are available on the Web Site, subject to these General Conditions of Use, as well as the policy on personal data processing (hereinafter, the “Data Protection Policy”). Access to this Web Site or its use in any form gives you the qualification of “User” and implies unreserved acceptance of each and every one of these General Conditions of Use, and the company reserves the right to modify them at any time. Consequently, it will be the responsibility of every User to carefully read the General Conditions of Use in force each time he/she accesses this Web Site, so if he/she does not agree with any of them, he/she must abstain from using this Web Site.

You are also advised that, on occasion, special conditions may be established for the use of specific content and/or services on the Web Site, the use of such content or services shall imply the acceptance of the special conditions specified therein.

2. Services

Through the Web Site, ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA offers users the ability to access: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make inquiries by providing their personal data – Links to access social networks (hereinafter the “Services”).

3. Privacy and Data Processing

When for the access to certain contents or services it is necessary to provide personal data, the Users shall guarantee their truthfulness, accuracy, authenticity and validity. The company will give such data the corresponding automated treatment according to its nature or purpose, in the terms indicated in the Data Protection Policy section.

4. Industrial and Intellectual Property

The User acknowledges and agrees that all content displayed on the Website and in particular, designs, text, 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, commercial names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted in the page, which are the exclusive property of ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA and/or third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User agrees 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. Under no circumstances does access to the Web Site imply any kind of waiver, transmission, license or total or partial transfer of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA 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 on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyrights by intellectual property legislation. ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA is the owner of the elements that make up the graphic design of this website.

Website, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of such elements. The content provided on the Web Site may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written permission of the Entity.

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

5. Obligations and Responsibilities of the Website User

The User agrees to:

Make proper and lawful use of the Website, as well as the content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the General Conditions of Use of the Web Site; (iii) generally accepted morals and good customs, and (iv) public order.

Provide all the means and technical requirements necessary to access the Web Site.

To provide truthful information when filling in the forms contained in the Web Site with their personal data and to keep them updated at all times so that they respond, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and the damages caused to the company or third parties for the information provided.

Notwithstanding the provisions of the preceding paragraph, the User shall also refrain from:

1. a) Make unauthorized or fraudulent use of the Website and/or its 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, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all kinds of contents stored in any computer equipment.
2. b) Accessing or attempting to access resources or restricted areas of the Web Site, without complying with the conditions required for such access.
3. c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
4. d) Introduce or disseminate in the network computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, its suppliers or third parties.
5. e) Attempting to access, use and/or manipulate the data of the company, third party suppliers and other Users.
6. f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.
7. g) Suppress, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties included in the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
8. h) Obtain and attempt to obtain the contents using means or procedures other than those that, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those that are commonly used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
9. i) In particular, and by way of example and without limitation, 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:

(i) In any way that is contrary to, undermines or infringes upon the fundamental rights and public liberties recognized in the Constitution, in international treaties and in the rest of the legislation in force.

(ii) Induces, incites or promotes criminal, denigratory, defamatory, violent or, in general, contrary to law, morals, generally accepted good customs or public order.

(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.

(iv) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morals and generally accepted good customs or public order.

(v) Induces or is likely to induce an unacceptable state of anxiety or fear.

(vi) Induces or incites to engage in practices that are dangerous, risky or harmful to health and psychological balance.

(vii) It is protected by the legislation on intellectual or industrial protection belonging to ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA or third parties without having been authorized for the intended use.

(viii) Is contrary to the honor, personal and family privacy or self-image of individuals.

(ix) Constitutes any type of advertising.

(x) Include any type of virus or program that prevents the normal operation of the Web Site.

If you are provided with a password to access some of the services and/or contents of the Web Site, you agree to use it diligently, keeping it secret at all times. Consequently, it shall 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, you are obliged to notify the company of any event that may imply an improper use of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as the previous notification is not made, ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA will be exempted from any liability that may arise from the improper use of your password, being your responsibility any unlawful use of the contents and/or services of the Web Site by any illegitimate third party.

If in a negligent or fraudulent manner he/she fails to comply with any of the obligations established in these General Conditions of Use, he/she will be liable for all damages that may arise for ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA from such non-compliance.

6. Responsibilities

ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA does not guarantee continuous access, nor the correct visualization, downloading or utility of the elements and information contained in the pages of the Web site, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.

ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA is not responsible for the decisions that could be adopted as a consequence of the access to the contents or information offered.

ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Web Site or any of the services offered in it are contrary to these General Conditions of Use. The Company shall not be liable for any damages, losses, claims or expenses arising from the use of the Web Site. It shall only be responsible for removing, as soon as possible, the contents that may cause such damage, provided that it is so notified. In particular, it shall not be liable for damages that may arise, among others, from:

(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond the company’s control.

(ii) unlawful interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other means.

(iii) improper or inappropriate abuse of the Web Site.

(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of the COMPANY reserve the right to withdraw, in whole or in part, any content or information present on the Website.

ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA excludes any liability for damages of any kind that may be due to the misuse of the services of free availability and use by the Users of the Website. Likewise, the company is exonerated 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 the services of consultations and doubts. On the other hand, in case of causing damages due to an illicit or incorrect use of such services, the User may be claimed by the company for the damages caused.

You will defend, indemnify and hold the company harmless against any damages arising from claims, actions or demands from third parties as a result of your access to or use of the Website. You also agree to indemnify ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA against any damages arising from the use by you of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks

The User agrees not to reproduce in any way, not even by means of a hyperlink or hyperlink, the ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA Web Site, as well as any of its contents, unless expressly authorized in writing by the company.

The Web Site of ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA includes links to other web sites managed by third parties, in order to facilitate the access of the User to the information of collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor is it in a position of guarantor and/or provider of the services and/or information that may be offered to third parties through third party links.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not imply that the company recommends that website or its services or products; (ii) may not misrepresent their relationship with the company or claim that the company has authorized such a link, or include trademarks, names, trade names, logos or other distinctive signs of the company; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting to violence or discrimination based on sex, race or religion, contrary to public order or unlawful; (iv) may not link to any page of the Web Site other than the home page; (v) you must link to the Web Site address itself, without allowing the linking website to reproduce the Web Site as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Web Site. ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA may request, at any time, to remove any link to the Web Site, after which it shall immediately proceed to its elimination. The company cannot control the information, contents, products or services provided by other websites that have established links to the Website.

Consequently, ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA assumes no responsibility whatsoever for any aspect related to such websites.

8. Data Protection

To use some of the Services, Users must first provide certain personal data. For this purpose, ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA will automatically process the Personal Data in compliance with the Personal Data Protection regulations. For this purpose, the User may access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, as provided in the conditions defined in the Data Protection Policy presented in this Web Site.

9. Cookies

ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA reserves the right to use “cookie” technology on the Web Site, in order to recognize you as a frequent User and customize your use of the Web Site by pre-selecting your language, or more desired or specific content. The cookies used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his or her computer, and do not themselves provide the user’s personal data.

Cookies are files sent to a browser by a Web server to record the User’s navigation on the Website, when the User allows their reception. You may also delete cookies by consulting your browser’s instructions for use.

Thanks to cookies, it is possible for the company to recognize the browser of the computer used by the user in order to provide content and display your browsing preferences and advertising, as well as recognize their demographic profiles to measure visits and traffic parameters, monitor progress and number of entries.

10. Duration and termination

The provision of the service of this Web Site and the other services have in principle an indefinite duration. However, the company may terminate or suspend any of the services of the portal. When possible, the company will announce the termination or suspension of the provision of the service in question.

11. Representations and Warranties

In general, the contents and services offered on the Web Site are for information purposes only. Therefore, by offering them, ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA makes no warranty or representation regarding the content and services offered on the Website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

12. Force majeure

ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA shall not be liable in any case of impossibility to provide service, if this is due to prolonged interruptions of 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.

13. Dispute resolution. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Web Site, shall be governed by Spanish law, which shall be applicable in all matters not provided for in these conditions regarding interpretation, validity and execution.

ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA and the User, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of ALMERIA for any dispute that may arise from the existence, interpretation or application of these General Conditions, except in cases where the user has the status of consumer or user under the applicable laws, in which this clause shall not apply.

In the event that any provision 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 invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, ASOCIACION DE EMPRESARIOS DEL MARMOL DE ANDALUCIA, AEMA will proceed to the modification or substitution of such stipulation by another one that is valid and enforceable and that, as far as possible, achieves the objective and pretension reflected in the original stipulation.