This legal notice and information (hereinafter, the “Legal Notice”) regulates the use of the service of the Internet portal www.maderassiero.com (hereinafter, the “Portal”) that Maderas Siero S.A., with registered office in Los Cuetos, Argüelles s/n, 33188 Siero, Asturias (Spain); with CIF number A33038266 and registered in the Mercantile Register of Asturias Volume 388, Book 212 Section 3ª, Folio 108, Page 289, Inscrip. 1ª, makes available to Internet users.
The use of the Portal confers the condition of user of the Portal (hereinafter, the “User”) and implies the full and unreserved acceptance of each and every of the provisions included in this Legal Notice in the version published by Maderas Siero S.A. at the time the User accesses the Portal. Consequently, the User must read this Legal Notice carefully each time he/she intends to use the Portal, as it may undergo modifications.
The use of certain services offered to Users through the Portal is subject to specific conditions (hereinafter, the “Specific Conditions”) which, depending on the case, replace, complete and/or modify this Legal Notice. Therefore, prior to using these services, the User must also carefully read the corresponding Particular Conditions.
Likewise, the use of the Portal is also subject to all the notices, regulations of use and instructions made known to the User by Maderas Siero S.A. which replace, complete and/or modify this Legal Notice.
Through the Portal, Maderas Siero S.A. provides Users with access to and use of various services and contents (hereinafter, the “Services”) made available by Maderas Siero S.A. or by third parties.
The provision of the Services by Maderas Siero S.A. is free of charge for the Users. Notwithstanding the above, some of the Services provided by Maderas Siero S.A. or by third parties through the Portal are subject to the payment of a price in the manner determined in the corresponding Particular Conditions.
In general, the provision of the Services does not require the prior subscription or registration of the Users. However, Maderas Siero S.A. conditions the use of some of the Services to the previous completion of the corresponding User registration. Likewise, Maderas Siero S.A. makes available to the Users some Services whose use requires the completion of additional registrations. The aforementioned registration shall be carried out in the manner expressly indicated in the service itself or in the Particular Conditions that regulate it.
All information provided by the User through the Services must be truthful. For these purposes, the User guarantees the authenticity of all data provided as a result of filling in the forms necessary for the subscription of the Services. Likewise, it shall be the User’s responsibility to keep all the information provided to Maderas Siero S.A. permanently updated so that it corresponds, at all times, to his real situation. In any case, the User will be the only responsible for the false or inaccurate statements made and for the damages caused to Maderas Siero S.A. or to third parties for the information provided.
In order to use the Services, minors must first obtain permission from their parents, guardians or legal representatives, who will be considered responsible for all acts carried out by the minors in their care.
Full responsibility for determining the specific content and Services accessed by minors lies with the adults in whose charge they are. As the Internet makes it possible to access content that may not be appropriate for minors, Users are informed that there are mechanisms, in particular computer filtering and blocking programmes, which make it possible to limit the content available and, although they are not infallible, they are particularly useful for controlling and restricting the material that minors may access.
The User undertakes to use the Portal and the Services in accordance with the law, this Legal Notice, the Particular Conditions of certain Services and other notices, regulations for use and instructions made known to them, as well as with generally accepted morals and good customs and public order.
To this effect, the User will abstain from using any of the Services with illicit purposes or effects, prohibited in this Legal Notice, 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, the computer equipment or the documents, files and all kinds of contents stored in any computer equipment (hacking) of Maderas Siero S.A., of other Users or of any Internet user (hardware and software).
In particular, and by way of example only 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:
(a) in any way is contrary to, disparages or infringes fundamental rights and public freedoms recognised constitutionally, in international treaties and in other legislation;
(b) induces, incites or promotes criminal, denigratory, defamatory, slanderous, violent or, in general, actions contrary to the law, generally accepted morals and good customs or public order;
(c) induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition;
(d) 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;
(e) induces or is likely to induce an unacceptable state of anxiety or fear;
(f) induces or incites to engage in practices which are dangerous, hazardous or harmful to health and mental equilibrium;
(g) is false, ambiguous, inaccurate, exaggerated or extemporaneous, in such a way as to mislead or be likely to mislead as to its subject matter or as to the intentions or purposes of the communicator;
(h) is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use that he/she is making or intends to make;
(i) violates the business secrets of third parties;
(j) is contrary to the right to honour, to personal and family privacy or to one’s own image;
(k) in any way undermines the credit of Maderas Siero S.A. or third parties;
(l) infringes the regulations on secrecy of communications;
(m) constitutes, as the case may be, illicit, misleading or unfair advertising and, in general, constitutes unfair competition;
(n) incorporates viruses or other physical or electronic elements that may damage or impede the normal operation of the network, the system or computer equipment (hardware and software) of Maderas Siero S.A. or third parties or that may damage the electronic documents and files stored in said computer equipment;
(o) causes by its characteristics (such as format, extension, etc.) difficulties in the normal functioning of the Service;
(p) contains HTML tags other than those expressly authorised by Maderas Siero S.A..
In accordance with the provisions of clause 3. 5, the User undertakes to use the contents made available to Users on the Portal, these being understood to include, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as their graphic design and source codes (hereinafter, the “Contents”), in accordance with the law, this Legal Notice, the Particular Conditions of certain Services and other notices, regulations of use and instructions made known to them, as well as with generally accepted morals and good customs and public order, and, in particular, they undertake to refrain from:
(a) reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless he has the authorisation of the holder of the corresponding rights or it is legally permitted;
(b) suppress, manipulate or in any way alter the copyright and other identifying data of the reservation of rights of Maderas Siero S.A. or of its owners, of the digital fingerprints or of any other technical means established for their recognition.
The User shall refrain from obtaining or even attempting to obtain the Contents by using means or procedures other than those which, as the case may be, have been made available for this purpose or have been indicated for this purpose on the web pages where the Contents are located or, in general, those which are normally used on the Internet for this purpose, provided that they do not entail a risk of damage or disablement of the Portal, the Services and/or the Contents.
The User undertakes to abstain from:
(i) collect data for advertising purposes and to send advertising of any kind and communications for sales purposes or others of a commercial nature without prior request or consent;
(ii) send any other unsolicited and unconsented messages to a number of persons;
(iii) send unsolicited and unconsented chain letters;
(iv) use distribution lists that can be accessed through the Services to carry out the activities indicated in sections (i) to (iii) above;
(v) make available to third parties, for any purpose, data collected from distribution lists.
The Users or third parties harmed by the reception of unsolicited messages addressed to a plurality of persons will be able to communicate it to Maderas Siero S.A. by sending a message to the following e-mail address: [email protected].
Users and, in general, those persons who intend to establish a hyperlink between their web page and the Portal (hereinafter, the “Hyperlink”) must comply with the following conditions:
(a) the Hyperlink shall only allow access to the home-page or home page of the Portal, but may not reproduce them in any way;
(b) a frame shall not be created on the Portal’s web pages;
(c) no false, inaccurate or incorrect statements or indications shall be made about Maderas Siero S.A., its directors, its employees, the web pages of the Portal and the Services supplied;
(d) it shall not be stated or implied that Maderas Siero S.A. has authorised the Hyperlink or that it has supervised or assumed in any way the services offered or made available on the web page where the Hyperlink is established;
(e) with the exception of those signs that form part of the Hyperlink itself, the web page in which the Hyperlink is established shall not contain any trademark, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to Maderas Siero S.A..
(f) the web page in which the Hyperlink is established will not contain illicit information or contents, contrary to the morality and to the generally accepted good customs and to the public order, as well as it will not contain contents contrary to any rights of third parties.
The establishment of the Hyperlink does not imply in any case the existence of relations between Maderas Siero S.A. and the owner of the web page in which it is established, nor the acceptance and approval by Maderas Siero S.A. of its contents or services.
All trademarks, commercial names or distinctive signs of any kind that appear in the Portal are property of Maderas Siero S.A. or third parties, and it may not be understood that the use or access to the Portal and/or the Services grants the User any right over the aforementioned trademarks, commercial names and/or distinctive signs.
Likewise, the Contents are intellectual property of Maderas Siero S.A. or of third parties, and by virtue of what is established in this Legal Notice, none of the exploitation rights that exist or may exist over said Contents beyond what is strictly necessary for the correct use of the Portal and the Services may be understood to have been granted to the User.
Los servidores del sitio web podrán detectar de manera automática la dirección IP y el nombre de dominio utilizados por el usuario. Una dirección IP es un número asignado automáticamente a un ordenador cuando ésta se conecta a Internet. Toda esta información es registrada en un fichero de actividad del servidor debidamente inscrito que permite el posterior procesamiento de los datos con el fin de obtener mediciones únicamente estadísticas que permitan conocer el número de impresiones de páginas, el número de visitas realizadas a los servicios web, el orden de visitas, el punto de acceso, etc.
Maderas Siero S.A. does not guarantee the availability and continuity of the operation of the Portal and the Services. Whenever reasonably possible, Maderas Siero S.A. shall give prior notice of any interruptions in the operation of the Portal and the Services. Maderas Siero S.A. does not guarantee either the usefulness of the Portal and the Services for the performance of any specific activity, nor its infallibility and, in particular, although not exclusively, that the Users can effectively use the Portal and the Services, access the different web pages that form the Portal or those from which the Services are provided.
Maderas Siero S.A. EXCLUDES, TO THE FULL EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO THE LACK OF AVAILABILITY OR CONTINUITY OF THE OPERATION OF THE PORTAL AND SERVICES, TO THE FRAUDULENT USE THAT USERS MAY HAVE ATTRIBUTED TO THE PORTAL AND SERVICES, TO THE FALLIBILITY OF THE PORTAL AND SERVICES, AND IN PARTICULAR, BUT NOT EXCLUSIVELY, TO FAILURES IN ACCESS TO THE DIFFERENT WEB PAGES OF THE PORTAL OR THOSE FROM WHICH THE SERVICES ARE PROVIDED.
Maderas Siero S.A. neither controls nor guarantees the absence of virus nor of other elements in the Contents that can produce alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
Maderas Siero S.A. EXCLUDES, WITH ALL THE EXTENSION ALLOWED BY THE LEGAL SYSTEM, ANY RESPONSIBILITY FOR THE DAMAGES AND PREJUDICES OF ANY NATURE THAT CAN BE DUE TO THE PRESENCE OF VIRUS OR TO THE PRESENCE OF OTHER ELEMENTS IN THE CONTENTS THAT CAN PRODUCE ALTERATIONS IN THE COMPUTER SYSTEM, ELECTRONIC DOCUMENTS OR FILES OF THE USERS.
Maderas Siero S.A. does not guarantee the lawfulness, reliability and usefulness of the Contents.
Maderas Siero S.A. EXCLUDES, TO THE FULL EXTENT PERMITTED BY THE LEGAL SYSTEM, ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OR ACCESS TO THE CONTENTS, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR DAMAGES THAT MAY BE DUE TO:
(A) NON-COMPLIANCE WITH THE LAW, GENERALLY ACCEPTED MORALS AND GOOD CUSTOMS OR PUBLIC ORDER AS A CONSEQUENCE OF THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OR ACCESS TO THE CONTENTS;
(B) INFRINGEMENT OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, BUSINESS SECRETS, CONTRACTUAL COMMITMENTS OF ANY KIND, THE RIGHTS TO HONOUR, PERSONAL AND FAMILY PRIVACY AND PERSONAL IMAGE, PROPERTY RIGHTS AND ANY OTHER RIGHTS BELONGING TO A THIRD PARTY AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, PROVISION, RECEPTION, OBTAINING OR ACCESS TO THE CONTENTS;
(C) THE CARRYING OUT OF ACTS OF UNFAIR COMPETITION AND UNLAWFUL ADVERTISING AS A CONSEQUENCE OF THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OR ACCESS TO THE CONTENTS;
(D) THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS, RELEVANCE AND/OR TIMELINESS OF THE CONTENT;
(E) UNSUITABILITY FOR ANY KIND OF PURPOSE AND DISAPPOINTMENT OF THE EXPECTATIONS GENERATED BY THE CONTENTS;
(F) THE NON-FULFILMENT, DELAY IN FULFILMENT, DEFECTIVE FULFILMENT OR TERMINATION FOR ANY REASON OF THE OBLIGATIONS CONTRACTED BY THIRD PARTIES AND CONTRACTS MADE WITH THIRD PARTIES THROUGH OR AS A RESULT OF ACCESS TO THE CONTENTS;
(G) VICES AND DEFECTS OF ANY KIND IN THE CONTENT TRANSMITTED, DISSEMINATED, STORED, MADE AVAILABLE OR OTHERWISE TRANSMITTED OR MADE AVAILABLE, RECEIVED, OBTAINED OR ACCESSED THROUGH THE PORTAL OR THE SERVICES.
Maderas Siero S.A. does not guarantee the truthfulness, accuracy, exhaustiveness and up-to-dateness of the Contents.
Maderas Siero S.A. EXCLUDES, TO THE FULL EXTENT PERMITTED BY THE LAW, ANY RESPONSIBILITY FOR ANY DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE LACK OF TRUTH, ACCURACY, COMPLETENESS AND/OR CURRENTNESS OF THE CONTENTS.
Maderas Siero S.A. does not control or guarantee the absence of viruses or other elements in the services provided by third parties through the Portal that may produce alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
Maderas Siero S.A. EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO THE PRESENCE OF VIRUSES OR THE PRESENCE OF OTHER HARMFUL ELEMENTS IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL THAT MAY CAUSE ALTERATIONS IN THE COMPUTER SYSTEM, ELECTRONIC DOCUMENTS OR FILES OF THE USERS.
Maderas Siero S.A. does not guarantee the legality, reliability and usefulness of the services provided by third parties through the Portal.
Maderas Siero S.A. EXCLUDES ANY RESPONSIBILITY FOR DAMAGES OF ANY NATURE THAT MAY BE DUE TO THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR THE DAMAGES THAT MAY BE DUE TO:
(A) FAILURE TO COMPLY WITH THE LAW, MORALITY AND GENERALLY ACCEPTED GOOD CUSTOMS OR PUBLIC ORDER AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE PORTAL;
(B) INFRINGEMENT OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, BUSINESS SECRETS, CONTRACTUAL COMMITMENTS OF ANY KIND, THE RIGHTS TO HONOUR, PERSONAL AND FAMILY PRIVACY AND PERSONAL IMAGE, PROPERTY RIGHTS AND ANY OTHER RIGHTS BELONGING TO A THIRD PARTY AS A CONSEQUENCE OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE PORTAL;
(C) THE PERFORMANCE OF ACTS OF UNFAIR COMPETITION AND UNLAWFUL ADVERTISING AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE PORTAL;
(D) THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS, RELEVANCE AND/OR TIMELINESS OF THE CONTENT TRANSMITTED, DISSEMINATED, STORED, RECEIVED, OBTAINED, MADE AVAILABLE OR ACCESSIBLE THROUGH THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL;
(E) THE UNSUITABILITY FOR ANY KIND OF PURPOSE OF AND THE DISAPPOINTMENT OF THE EXPECTATIONS GENERATED BY THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL;
(F) THE NON-FULFILMENT, DELAY IN FULFILMENT, DEFECTIVE FULFILMENT OR TERMINATION FOR ANY REASON OF THE OBLIGATIONS CONTRACTED BY THIRD PARTIES AND CONTRACTS ENTERED INTO WITH THIRD PARTIES IN RELATION TO OR IN CONNECTION WITH THE PROVISION OF SERVICES THROUGH THE PORTAL;
(G) VICES AND DEFECTS OF ANY KIND IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL.
The Portal makes available to Users technical linking devices (such as, among others, links, banners, buttons), directories and search tools that allow Users to access websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). The installation of these links, directories and search tools on the Portal has the sole purpose of facilitating Users’ search and access to information, content and services available on the Internet.
The results of search tools are provided directly by third parties and are the result of the automatic operation of technical mechanisms, so Maderas Siero S.A. cannot and does not control these results and, in particular, that among them appear Internet sites whose contents may be illegal, contrary to morality or good customs or considered inappropriate for other reasons. In the event that a user considers that any of the sites included in the search results contain unlawful activity or information and is interested in requesting the removal of the link, he/she may follow the procedure set out in clause seven of this Legal Notice.
Maderas Siero S.A. does not offer or market by itself or through third parties the information, contents and services available in the Linked Sites, nor does it previously control, approve, recommend, monitor or make them its own. The User, therefore, must be extremely prudent in the evaluation and use of the information, contents and services existing in the Linked Sites.
Maderas Siero S.A. DOES NOT WARRANT OR ASSUME ANY LIABILITY FOR ANY DAMAGES OF ANY KIND THAT MAY RESULT FROM:
(A) THE OPERATION, AVAILABILITY, ACCESSIBILITY OR CONTINUITY OF THE LINKED SITES;
(B) THE MAINTENANCE OF THE INFORMATION, CONTENTS AND SERVICES EXISTING IN THE LINKED SITES;
(C) THE PROVISION OR TRANSMISSION OF THE INFORMATION, CONTENTS AND SERVICES EXISTING IN THE LINKED SITES;
(D) THE QUALITY, LEGALITY, RELIABILITY AND USEFULNESS OF THE INFORMATION, CONTENTS AND SERVICES EXISTING IN THE LINKED SITES, IN THE SAME TERMS AND WITH THE SAME SCOPE PROVIDED IN GENERAL CONDITION 5.2 AND 5.3 WITH RESPECT TO THE CONTENTS AND SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL.
Maderas Siero S.A. has no obligation to control and does not control the use that the Users make of the Portal, the Services and the Contents. In particular, MS does not guarantee that the Users use the Portal, the Services and the Contents in accordance with this Legal Notice and, if applicable, with the applicable Particular Conditions, nor that they do so in a diligent and prudent manner. Maderas Siero S.A. does not have the obligation to verify and does not verify the identity of the Users, nor the veracity, validity, exhaustiveness and/or authenticity of the data that the Users provide about themselves to other Users.
Maderas Siero S.A. EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO THE USE OF THE SERVICES AND CONTENTS BY USERS OR THAT MAY BE DUE TO THE LACK OF VERACITY, VALIDITY, COMPLETENESS AND/OR AUTHENTICITY OF THE INFORMATION THAT USERS PROVIDE TO OTHER USERS ABOUT THEMSELVES AND, IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO THE IMPERSONATION OF A THIRD PARTY BY A USER IN ANY KIND OF COMMUNICATION MADE THROUGH THE PORTAL.
All notifications and communications (hereinafter, the “Notifications”) from the User to Maderas Siero S.A. will be considered effective, to all effects and purposes, when they are addressed to the User’s Attention Service in any of the following ways:
(a) By post to the following address: Los Cuetos, Argüelles s/n, 33188 Siero, Asturias (Spain).
(b) Communication by calling Maderas Siero S.A. at the following telephone number: (+34) 985 741 821.
(c) Sending an e-mail to the following address: [email protected].
All Notifications by Maderas Siero S.A. to the User shall be considered effective, for all purposes, when they are made in any of the following ways:
(a) Sending by post to the User’s address when this has been previously brought to the attention of Maderas Siero S.A.;
(b) Communication by calling Maderas Siero S.A. at the following telephone number: (+34) 985 741 821.
(c) Communication by means of a Maderas Siero S.A. call to the User’s telephone number, when the latter has been previously informed by Maderas Siero S.A.;
(d) By means of pop-up messages sent during the provision of the Services by Maderas Siero S.A. to the User.
In this sense, all Notifications made by Maderas Siero S.A. to the User shall be considered validly made if they have been made using the data and through the aforementioned means. To this effect, the User declares that all the data provided by him/her are true and correct, and undertakes to inform Maderas Siero S.A. of all changes relating to the notification data.
Maderas Siero S.A. may withdraw or suspend at any time and without prior notice the provision of the Services to those Users who do not comply with the provisions of this Legal Notice.
The provision of the Portal service and the other Services has, in principle, an indefinite duration. Maderas Siero S.A., however, is authorised to terminate or suspend the provision of the service of the Portal and/or any of the Services at any time, without prejudice to the provisions of the corresponding Particular Conditions. When it is reasonably possible, Maderas Siero S.A. will give prior notice of the termination or suspension of the provision of the Portal service and of the other Services.
This Legal Notice is governed in each and every one of its aspects by Spanish law.
For any suggestions or proposals for collaboration, please write to us by e-mail to [email protected], or call us on (+34) 985 741 821.