General conditions of the site

The terms and conditions outlined below regulate the access and use of the Website http://www.fiberfib.com/, established by the company MARAWORLD, S.A. (MARAWORLD), whose registered office is found at Calle Preciados, 27, 28013 Madrid, and whose CIF (Fiscal Identification Number) is A-81670275. Telephone: +34915234114; fax: +34915222571; and e-mail: info@fiberfib.com. Established for an indefinite period of time by virtue of public and registered deed at the Commercial Registry of Madrid, Volume 12044, Section M-189668 and Page 97.

1. PURPOSE AND AREA OF APPLICATION

1.1. These General Conditions (“General Conditions”) regulate the access, navigation and use of the websites under the “fiberfib.com” domain (the “Website”) and detail the responsibilities that come with the use of its contents (“contents” being understood to mean, from here on out, the texts, graphics, drawings, designs, codes, software, photos, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by international agreements on industrial and intellectual property rights).

1.2. It is understood that access to or the mere use of the Website on the part of the User implies adherence to these General Conditions, which MARAWORLD keeps posted and makes available at all times for those who access the Website. Therefore, the User should carefully read these General Conditions.

By “User” we mean the people who access, navigate, use and/or participate in the services and activities, whether free or pay, developed on the Website.

1.3. The purpose of these General Conditions is to regulate access, navigation and use of the Website; however, independent of these, MARAWOLRD may establish Particular Conditions regulating the use and/or the contracting of specific services offered to Users through the Website. Likewise, through the Website, MARAWORLD may authorise third parties to advertise and offer their services. In these cases, MARAWORLD will not be responsible for establishing the General and/or Particular Conditions governing the use, provision or contracting of services by third parties, and, therefore, will not be considered responsible for them in any way.

1.4. Before using and/or contracting said specific services provided by MARAWORLD, the User should carefully read the corresponding Particular Conditions created, in such cases, by MARAWORLD itself. The use and/or contracting of said specific services implies the acceptance of the Particular Conditions that regulate them, out outlined and detailed in the version published and posted by MARAWORLD at the time that said usage and/or contracting takes place.

2. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

2.1. MARAWORLD is the owner of the exploitation rights of the industrial and intellectual property of the Website, and it is also the owner or has the corresponding license governing the industrial, intellectual and image rights of the contents available through the Website.

2.2. In no case whatsoever will access and navigation on the part of the User imply a relinquishment, transmission, license or total or partial cession of said rights by MARAWORLD.

2.3. Consequently, it is not permitted to suppress, evade or manipulate the copyright notice or any other identification information relating to the rights of MARAWORLD or of its incorporated content titleholders, including safety devices, fingerprints or any other information and/or identification mechanism that might be contained in the contents.

2.4. Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or later publications, load files, send by mail, transmit, use, deal with or distribute in any way the whole or parts of the contents included in the Website for public or commercial purposes without the express or written authorisation of MARAWORLD or, should it be the case, the owner of the corresponding rights.

3. ACCESS

3.1. Access to the Website by Users is free of charge. Nevertheless, some of the services and contents offered by MARAWORLD or third parties through the Website may be subject to previous contracting of said service or product and payment of a certain amount of money as stipulated in the corresponding Particular Conditions. In such cases, this information will be made available in a clear way.

3.2. The contracting of products and services through this Website by minors is prohibited without the previous consent of their parents, guardians or legal representatives, who will be considered responsible for the actions of the minors in their charge, in accordance with legislation currently in force.

4. USE OF THE WEBSITE

4.1. The contents included in the Website are made available exclusively for its users and consumers. Any unauthorised commercial use of said contents is prohibited unless prior written authorisation has been granted by MARAWORLD.

4.2. If, in order to use and/or contract a service on the Website, the User is required to register, he or she must provide accurate and lawful information. And, in the registration process, if the User is required to create a password, he or she must make diligent use of the password and keep it secret.

Consequently, Users are responsible for the appropriate custodianship and confidentiality of any identifiers and/or passwords issued by MARAWORLD, and they are legally bound not to share this information with third parties, in neither the short nor the long term, or to allow access to others. Any illicit use of said services by an illegitimate third party will be the responsibility of the User and sole holder of the password information.

Nevertheless, Users accept and assume that identification and authentication by way of name and password represent a hardly trustworthy method compared to advanced electronic signatures.

4.3. In light of the above mentioned, it is the obligation of the User to immediately notify the Website authorities of any actions that might allow for undue use of identifiers and/or passwords, as in the case of robbery, loss or unauthorised access, so as to proceed to immediate cancellation thereof. In the case that such information is not communicated, MARAWORLD will be deemed free of any responsibilities that might result from the undue use of said identifiers and/or passwords by unauthorised third parties.

4.4. The access, navigation and use of the Website is the responsibility of the User, and as such the User inherently agrees to diligently and faithfully abide by any additional instructions issued by MARAWORLD or personnel authorised by MARAWORLD with regard to the use of the Website and its contents.

4.5. The User is obligated to use the contents in a diligent, correct and lawful way – and, in particular, agreeing to abstain from:
• Using the contents in offence of the law or morals or generally accepted customs of good public conduct;
• Reproducing or copying, distributing, allowing public access by way of any public communication venues, transforming or modifying the contents, without the prior authorisation of the owner of the corresponding rights, given that such action is legally permitted;
• Employing the contents and, in particular, the information of any kind obtained from the Website or its services for advertising purposes promoting direct sales or any other commercial ends, unsolicited messages addressed to a plurality of people independent of its aims, as well as abstaining from commercialising or divulging such information in any way.

5. PERSONAL INFORMATION (DATA PROTECTION)

5.1. Consent

5.1.1. In order to use or gain access to some of the contents and/or services featured on the Website, MARAWORLD may require Users to fill out registration forms, which would necessarily entail the provision of certain personal information (personal data). MARAWORLD will use said information in accordance with the purposes and conditions outlined in each such case.

5.1.2. Upon filling out and sending in any registration form found on the Website, the User consents to and expressly authorises MARAWORLD to collect, use and release, depending on the case, the personal information requested in accordance with the purposes and conditions outlined in each such case.

5.2. Security Measures

5.2.1. MARAWORLD has adopted and will continue to adopt all obligatory technical and organisational security measures in accordance with current legislation and the standards of quality existing in the sector, with the aim of guaranteeing maximum security and confidentiality of communications.

5.2.2. MARAWORLD guarantees that controls are in place to prevent security breaches or any other negative consequences, having adopted the most appropriate organisational measures and technical procedures to minimise such risks.

5.2.3. Regardless of the previous point, the User recognises and accepts that (i) Internet security measures are not impregnable, (ii) the networks used on the Internet are not secure, and (iii) any communication sent via this medium might be intercepted or modified by unauthorised persons.

6. COMMUNICATION LICENSE

6.1. In the event that the User might send information of any kind to the Website, the User states, guarantees and accepts that he/she has the right to do so freely, and that said information does not infringe upon any intellectual-property, brand or patent rights, business secrets or any other rights of third parties, and that said information is not confidential in nature and will not be damaging to any third party.

6.2. The User recognises having accepted this responsibility and declares MARAWORLD blameless for any communication personally provided, or submitted in his or her name, fully accepting this responsibility without any restrictions at all of exactitude, legality, originality or ownership of the same.

6.3. The mere use of this Web Site implies the exclusive assignment by the User of any rights to exploit industrial or intellectual-property rights the User might hold with relation to communications made through the Website or MARAWORLD and for the maximum term established by the national or international laws.

7. RESPONSIBILITIES AND GUARANTEES

7.1. MARAWORLD does not guarantee the lawfulness, trustworthiness, usefulness, veracity or exactitude of the information services presented on the Website.

7.2. Consequently, MARAWORLD does not guarantee nor will it be responsible for (i) the continuity of the Website contents, (ii) any errors or the correction of any errors found on the Website, (iii) any viruses or other damaging components found on the Website or its service provider, (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted by the Website, (v) the lack of usefulness or performance of the contents of the Website, (vi) any damage done to itself or any third party caused by a person who has infringed upon the conditions, regulations and instructions established by MARAWORLD on the Website through the violation of the Website’s security systems.

Nevertheless, MARAWORLD declares that it has adopted all the necessary security measures within its possibilities and the current state of technology to guarantee the proper functioning of the Website and to avoid the existence and transmission of viruses as well as any other components that might be damaging to Users.

8. LINKS

8.1. Links to Other Web Pages:

8.1.1. On the Website, the User may find links to other web pages through different buttons, links, banners, etc., which are managed and controlled by third parties. MARAWORLD has neither the human resources nor the technical abilities to study, control or corroborate all the information, contents, products or services facilitated by other web pages that have established links on the Website. Consequently, MARAWORLD cannot assume any kind of responsibility for any aspects relative to the web pages that have established links with the Website – specifically, expository and non-restricted matters regarding functioning, access, data, information, archives, quality and trustworthiness of its products and services, its own links and/or any of its contents, in general.

8.1.2. The establishment of any kind of link on the Website to other web pages does not imply that there is any kind of relationship, collaboration or dependence of MARAWORLD with or on the authorities of the web page in question.

8.2. Links on Other Web Pages to the Website:

8.2.1. If any User, entity or web page were to desire to establish any kind of link with the Website, it would have to be done so in accordance with the following stipulations:
• The link can only lead to the Main Page or Home Page of the Website, unless express and written authorisation has been given by MARAWORLD.
• The link must be absolute and complete; that is, it must lead the User, with just one click, to the URL address of MARAWORLD – http://www.fiberfib.com/ – and the Main Page of the Website must fully occupy the screen upon opening. In no case, except with the express and written authorisation of MARAWORLD, may the web site creating the link reproduce, in any way, the Website, or include it as part of its own web site or within one of its frames or create a browser for any of the pages of the Website.
• On the page where the link is established, no statements of any kind may be made suggesting that MARAWORLD has authorised said link, unless express and written authorisation has in fact been provided by MARAWORLD. If the entity creating a link on its web page to the Website were to correctly wish to include on its web page the brand, name, trade name, graphics, logo, slogan or any other identifying element of MARAWORLD and/or the Website, it would have to secure the express and written authorisation of MARAWORLD prior to doing so.
• MARAWORLD does not authorise the establishment of links to the Website on any web pages that contain materials, information or contents that are illicit, illegal, degrading, obscene, or, generally speaking, offensive to widely accepted moral values, public order or social norms.

8.2.2. MARAWORLD has neither the technical nor human resources to study, check or approve all the information, contents, products and services provided by other web pages establishing links to the Website. MARAWORLD, therefore, assumes no responsibility whatsoever for any aspect relative to any web page that establishes a link to the Website, specifically with regard to expository and non-restrictive matters relating to its operations, access, data, information, archives and the quality or trustworthiness of its products, services, links and/or any other of its contents in general.

8.3. Services Provided by Third Parties through the Website:

8.3.1. MARAWORLD does not guarantee the lawfulness, trustworthiness or usefulness of any services provided by third parties on this Website, or for which MARAWORLD only acts as a mere venue for advertising.

8.3.2. MARAWORLD will not be held responsible for harm or damage of any kind caused by the services provided by third parties through the Website, specifically with regard to any harm or damaged caused by: (i) failure to comply with the law, moral values and/or public order; (ii) the transmission of a virus or any kind of computer-related code, file or programme that might damage, interrupt or impede the normal functioning of any given software, hardware or telecommunications equipment; (iii) the infraction of industrial and/or intellectual property rights, company secrets or contractual commitments of any kind; (iv) any illegal, deceitful or untrue activities representing unfair competition; (v) the lack of veracity, exactitude, quality, pertinence and/or current relevance of the contents transmitted, distributed, stored, received, obtained or made available and accessible; (vi) the infraction of any rights to personal or family privacy, including images of persons and, in general, any kind of third-party rights; (vii) the inappropriateness for any kind of purpose and the defrauding of any expectations aroused, or any defects that might result from third parties; and (viii) the failure to comply with, or the delay in complying with, any services or obligations contracted through third parties, including contracts made with third parties.

9. DURATION AND MODIFICATION

9.1. MARAWORLD may modify the terms and conditions stipulated here at any time, partially or totally, by publishing any change in the same format as these General Conditions or by way of any type of communication directed towards Users.

9.2. The standing validity of these General Conditions, therefore, coincides exactly with the length of time they are posted and made available; that is, the moment they are modified, totally or partially, the modified General Conditions will then come into effect.

9.3. Independently of what is stipulated in the Particular Conditions, MARAWORLD may terminate, suspend or interrupt, at any time and without the need to give prior notice, access to the contents of the Website, without any possibility on the User’s part to demand indemnity of any kind. Following any such termination, the prohibitions regarding content usage previously outlined in these General Conditions will remain in force.

10. MISCELLANEOUS

10.1. The headings of the different clauses are only informative in nature, and they do not affect, qualify or broaden the interpretation of the General Conditions.

10.2. In the event that discrepancies arise between what is established in these General Conditions and any Particular Conditions of a specific given service, the Particular Conditions will prevail over the General Conditions.

10.3. In the event that any regulation or regulations of these General Conditions were ruled null and void or inapplicable, in whole or in part, by any Court, Tribunal or any other competent administrative body, such a ruling would not affect the other regulations of either the General Conditions or the Particular Conditions of the different services of MARAWORLD.

10.4. The non-exercise or non-execution by MARAWORLD or any right or regulation contained in these General Conditions does not represent a revocation or relinquishment of said rights and regulations, unless agreed to and recognised in writing by MARAWORLD.

11. JURISDICTION AND APPLICABLE LAW

11.1. The relationship established between MARAWORLD and the User is governed by existing rules and regulations with regard to applicable legislation and competent jurisdiction. However, should the rules and regulations indicate the possibility of having to go to court to resolve an issue, MARAWORLD and the User, with the express renunciation of any other possible court, will resolve any such issues in the Courts and Tribunals of the city of Madrid (Spain). In any case, the access and use of the Web Site is governed under Spanish Law.

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