The following terms and conditions regulate the access and use of the website www.fiberfib.com , property of the commercial organisation Maraworld, SA (the Organisation) whose registered offices are at calle Nuñez de Balboa 37, 2 Izq, 28001 Madrid and whose CIF is A-81670275. Telephone +34 915234114 and email contact : firstname.lastname@example.org. Registered in writing with the Registro Mercantil de Madrid al Tomo 12044, Hoja M-189668 and Folio 97.
1. Object and Scope of Application
1.1 The current General Conditions (“General Conditions”) regulate the access, navigation and use of the Website under the domain http://www.fiberfib.com , as well as the derived responsibilities of the use of its contents ( “contents” being understood in advance as the texts, artwork, drawings, designs, codes, software, photographs, music, video and information as well as any other creation protected by national laws and international treaties regarding intellectual and industrial property.)
1.2 It will be implicitly understood that access or simple use of the Website on behalf of the User implies adherence to the General Conditions, which MARAWORLD have published, by the User at each moment in which they access the website. Consequentially the User, and it’s recognised by the mere access to the website, must read these General Conditions closely.
In this sense "User" will be understood as the person that accesses, navigates, uses or participates in the services and activities, free or otherwise, provided in the Website.
1.3 The object of the current General Conditions is to regulate the access, navigation and use of the website, but independent of the same, MARAWORLD will be able to establish Special Conditions that regulate the use and /or the contracting of specific services offered to Users through the Website. Likewise through the Website, MARAWORLD will be able to set up Third Parties so they can publish and offer their services. In these cases MARAWORLD will not be responsible for establishing the General and/or Special Conditions to be taken into account in the utilisation, provision or contracting of these services by third parties, and as such, will not be considered responsible for the same.
1.4 Before using and/or contracting said specific services provided via MARAWORLD, the User must have read closely the corresponding Special Conditions created to this purpose by MARAWORLD. The use and/or the contracting of said specific services implies, at the time they are used or contracted, the acceptance of the Special Conditions regulating them in the published version by MARAWORLD.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
2.1 MARAWORLD is the owner of the rights of exploitation of the intellectual and industrial property of the Website and is also the owner or has the corresponding licence for the rights of intellectual property, industry and images of the content available through the same.
2.2 In no circumstance will it be understood that the access or navigation by the User implies a renunciation, transmission, licensing or full or partial cession of said rights on the part of MARAWORLD.
2.3 Consequentially it is not permitted to delete, avoid or manipulate the notice of copyright or whichever other data of identification of the rights of MARAWORLD or of its titles incorporated in the contents, as well as technical devices of protection, the digital traces or any such other information mechanism and/or of the identification that could be contained within the contents.
2.4 Likewise , it is prohibited to modify, copy, reuse, exploit, reproduce , publicly communicate, make secondary or subsequent publications, download files, send by email, transmit, use, deal with or distribute by whatever means all or part of the contents included in the website for public or commercial purposes, without the express and written permission of MARAWORLD or, if applicable, the holder of the corresponding rights.
3.1 Access to the Website on the part of the Users will be of a free nature, however, some of the services and contents offered by MARAWORLD or third parties via the Website may be subject to a previous contract for the service or product and to the payment of a quantity of money as determined in the corresponding Special Conditions , in which case they will be presented in a clear form.
3.2 The contracting of products or services via the Website by minors is prohibited. Minors must duly and properly obtain, and in advance, the consent of parents, tutors or legal representatives, who will be considered responsible for the acts carried out by the minors in their charge, conforming with the existing legislation.
4. USE OF THE WEBSITE
4.1 The contents included in the Website are provided solely for the consumers or final users. Any and all types of unauthorised commercial use of the same, or their resale, is prohibited unless with the previous written authorisation of MARAWORLD.
4.2 If for the use and / or contracting of a service on the Website the User has to proceed to their registration, the latter shall be responsible to provide true and fair information. If as a consequence of the registration, the User is provided with a password, the latter promises to use it diligently and keep the password to access these services secret.
Consequentially , the Users are responsible for the adequate custody and confidentiality of whatever identifier, username and / or password that they may be provided with by MARAWORLD, and they undertake not to cede it to third parties, either temporarily or permanently, nor to permit its access to others. The illicit use of the services by any third party that employs such a password through carelessness or loss of the User shall be the responsibility of the User.
However, the User recognises and accepts that identification and authentication using the users name and password is a weak method in comparison with an advanced electronic signature.
4.3 By virtue of the foregoing, it is the obligation of the User to immediately notify the managers of the Website about any fact that allows the incorrect use of identifiers and/or passwords such as theft, loss or unauthorised access to same, with the aim of arranging their immediate cancellation. Whilst such facts are not communicated MARAWORLD will remain exempt from any responsibility for damage derived from the incorrect use of identifiers or passwords by unauthorised third parties.
4.4 Access, navigation and use of the Website is the responsibility of the User, for which the User commits to diligently and honestly observe any additional instruction imparted by MARAWORLD or by persons authorised by MARAWORLD relative to the use of the Website and its contents.
4.5 The User is obliged to use the contents in a diligent, correct and legal manner and , in particular, promises to abstain from : using the contents with intentions or effects contrary to the law , or to the generally accepted customary good practice, or unethically or contrary to public order ; reproducing or copying, distributing, allowing public access by whatever means of communication, or transforming or modifying the contents unless with the specific written authority of the owners of the corresponding rights and it being legally permitted ; employ the content, and in particular the information of whatever kind obtained from the Website or the services with the purpose of direct sales or whatever other type of commercial objective, unsolicited messages directed at other persons independent of its aim, as well as abstain from making commercial use or divulging in any way said information.
5. Personal Data
5.1.1 To use and have access to any of the contents and/ or services that are incorporated in the Website, MARAWORLD will be able to ask the Users to fill certain registration forms that will necessarily imply the provision of certain personal data. MARAWORLD shall treat said data conforming with the objectives and under the conditions that each case presents.
5.1.2 By completing and sending whatever form incorporated in the Website, the User consents and expressly authorises MARAWORLD to gather, treat, process or transfer , according to the case, the data of a personal character that they solicit conforming to the objectives and under the conditions that each case presents.
5.2 Security Measures:
5.2.1 MARAWORD have adopted and will adopt all the technical methods and security organisation obligatory to conform with the established and current legislation and the existing standards of quality in the sector with the aim of guaranteeing the maximum security and confidentiality of the communications.
5.2.2 MARAWORLD guarantees that controls to prevent the appearance of breaches of security and other negative consequences exist, adopting organised measures and the most adequate procedures with the aim of minimising these risks.
5.2.3 Notwithstanding the previous, the User recognises and accepts that (i) security measures on the Internet are not impregnable, (ii) the networks used on the Internet are not secure and (iii) any communication sent by this medium can be intercepted or modified by unauthorised persons.
6 PRIVACY AND PERSONAL DATA
6.1 General Information
6.1.1 MARAWORLD informs the Users that access the Website that in the event of it being necessary to provide personal data, it will comply with the current applicable law in relation to the protection of data of a personal nature and in particular with La Ley Orgánica 15/1999 of December 13 for the Protection of Data of a Personal Nature – El Real Decreto 1720/2007 of 21 December that approved the legislative implementation of the Ley Orgánica, as well as the related regulations.
6.1.2 The User's mere access to the Website does not imply nor does it oblige them to facilitate personal data. This obligation will only take effect when the User tries to register as a new User in the registration area that MARAWORLD make available in the website.
Additionally the User will be able to supply personal data voluntarily in the event that they send emails, consultations or observations via the addresses that MARAWORLD may make available.
6.1.3 In all cases in which personal data is dealt with, it will be treated with the maximum confidentiality and will go on to form part of a MARAWORLD owned file that will be registered with the Agencia Española de Protección de Datos conforming with the existing legislation.
6.1.4. MARAWORLD promises to employ all the technical measures and technology in its reach and at its disposal to maintain and securely archive the personal data of the Users and avoid unauthorised access, inappropriate use or loss of said data.
6.2 Use of personal data:
6.2.1 MARAWORLD informs the Users that all those that supply personal data expressly and voluntarily consent to its internal use for: (i) satisfying the solicited request of the User, be it by way of observation, question etc (ii) managing sections of the Website such as, by way of an example , photographic competitions, the supply of content to be reproduced on the Website amongst others; (iii) sending information about whatever activity developed or implemented , directly or indirectly on the part of MARAWORLD.
6.3 Register of new Users
6.3.1 A new User, to register as such, will have to supply the requested details in the Website.
6.4 Rights of the User:
6.4.1 As owners of the data and in accordance with the Ley Orgánica 15/1999, 13 December, of Protection of Personal Data, the Users will be able, at all times, to exercise their rights of:
(i) Access , (ii) Rectification, (iii) Opposition and (iv) Cancellation.
6.4.2 These rights can be exercised by way of a postal mail to the Communications Area of MARAWORLD (Madrid)
6.5.1 MARAWORLD uses, or may use, cookies for the purpose of tracking the predilections of the Users for the purposes of improving the Website. The cookies are small files of data generated via instructions sent by the web servers to the navigating programmes of the Users, and that are housed in a specific directory on the terminal with the purpose of uniting information compiled by the file. They facilitate the navigation and browsing of the Website by the User. The cookies do not by themselves facilitate the personal data of the Users.
6.5.2 The Users will be able to manage their navigator or browser so that it warns them of the presence of cookies and be able to configure it in such a way that they are automatically rejected. This possibility will not impede the navigation or the use of the Website although it could suppose that the use of some services of the same would be limited.
6.6 Communications via email or similar:
6.6.1 In accordance with the Law 34/2002, of 11 July, of Servicios de la Sociedad de la Información and of Comercio Eelctrónico, commercial communications by email will only be realised when they have been expressly authorised by the addressees of the same and conforming to that authorised in the General Conditions.
6.6.2 Excluded from that established in the previous paragraph are those communications made by virtue of a pre-existing contractual relation in the terms established by Article 21.2 of the Ley 34/2002, of Servicios de la Sociedad de la Información y de Comercio Electrónico in the document given by the Disposición Final Primera of the new Ley General de Telecomunicaciones.
6.7 Data Protection Clause
6.7.1 The personal data supplied and collected in this form will be treated with the maximum confidentiality and will go on to form a part of the file owned by MARAWORLD , commercial name of the company MARAWORLD, SA, with the purpose of having a tracking of the registered users and to attend to their queries and suggestion, as well as with other subsequent actions with the User through the contact details that they provide us with.
The time period to oppose this treatment is thirty (30) days after the provision, understanding in case of no pronouncements to the contrary, that they consent to said treatment.
6.7.2 It is obligatory to fill in all the areas of information that are accompanied by an asterisk as a prerequisite to register as a User and for the sending of questions and suggestions. In the event that these aren’t completed Maraworld reserve the right to not process incomplete solicitations.
6.7.3 The User, as owner of the data that they supply, will be able to exercise at any moment the rights of access, rectification, cancellation and opposition in accordance with the Ley Orgánica 15/1999 of 13 December, de Protección de Datos de Cáracter Personal.
These rights and the opposition to the treatment of this personal data can be exercised by contacting by post the Communications Area of MARAWORLD.
6.8 Security Measures
6.8.1 MARAWORD have adopted and will adopt all the technical methods and security organisation obligatory to conform with the established and current legislation and the existing standards of quality in the sector with the aim of guaranteeing the maximum security and confidentiality of the communications
6.8.2 MARAWORLD guarantees that controls to prevent the appearance of breaches of security and other negative consequences exist, adopting organised measures and the most adequate procedures with the aim of minimising these risks.
6.8.3 Notwithstanding the previous, the User recognises and accepts that (i) security measures on the Internet are not impregnable, (ii) the networks used on the Internet are not secure and (iii) any communication sent by this medium can be intercepted or modified by unauthorised persons.
7. LICENCE FOR COMMUNICATIONS
7.1 In the event that the User sends information of any type to the Website, said User declares, guarantees and accepts that they have the right to freely do so, that said information does not infringe any intellectual property rights or copyrights of brands, or patents, or commercial secrecy agreements, or any type of rights belonging to a third party and that said information does not have a confidential nature and that said information is not harmful or damaging to others.
7.2 The User agrees to assume responsibility and indemnify against MARAWORLD being responsible for any type of communication that they personally provide or is supplied in their name, with such responsibility including without any restriction the veracity, legality, originality and ownership of said communication.
7.3 By accessing and using the Website the User cedes to MARAWORLD, exclusively, and for the maximum time established by national and or international laws, all rights of exploitation of the intellectual and industrial property that the User could claim over the communication that they realise via the Website or Maraworld.
8. RESPONSIBILITIES AND GUARANTEES
8.1 MARAWORLD do no guarantee the lawfulness, trustworthiness, usefulness, veracity or exactness of the services or the information that is offered though the Website.
8.2 In consequence MARAWORLD does not guarantee nor is held responsible for : (i) the continuity of the contents on the Website ; (ii) the absence of errors in said content nor the correction of any defect that might occur : (iii) the absence of viruses and or other damaging components in the Website or in the server that supplies it ; (iv) the invulnerability of the Website and / or the impregnability of the security measures adopted in it ; (v) the lack of utility or performance and capability of the contents on the Website ; (vi) damages and harm caused, to itself or to a third party, by any person that infringes the conditions, rules and instructions that MARAWORLD establish in the Website through the vulnerability of the security systems of the Website.
However, MARAWORLD declare that they have adopted the necessary measures, given the possibilities and the state of technology , to guarantee the function of the Website and avoid the existence and transmission of viruses and other damaging components to the Users.
9.1 Links to other Websites
9.1.1 In the Website, the User will be able to find links to other websites, using different buttons, links, banners etc, which are managed by third parties. MARAWORLD does not have the faculty nor the human resources nor the technology to know, control or approve all the information, content, products or services facilitated by other websites to which there are established links from the Website. Consequently MARAWORLD cannot assume any type of responsibility for any relative aspect of the website to which a link is established from the Website, in particular but as examples and not restricted to, the function, access, data, information, archives, quality or trustworthiness of their products or services, their own links and / or whatever type of content in general.
9.1.2 The establishment of any type of link on the part of the Website to any other website does not implicate the existence of any type of relation, collaboration or dependency between MARAWORLD and those responsible for the other website.
9.2 Links on other websites with a destination of the Website:
9.2.1 If any User, entity or website wishes to establish any type of link to the Website as its destination they must abide by the following stipulations:
The link may only be directed to the Main or Homepage of the Website, without the express written authorisation of MARAWORLD.
The link must be absolute and complete which is to say it must take the User, in one click, to the actual URL of MARAWORLD http://fiberfib.com and must encompass totally the screen of the Homepage in the Website. In no circumstances, unless with MARAWORLD’s express written approval, will the website that realises the link be able to reproduce, in any manner, the Website, include it as part of its own web or inside one of its frames or create a browser for any of the pages in the Website.
On the page of the website that creates the link it cannot be declared in any way that MARAWORLD has authorised such a link, unless MARAWORLD has expressly authorised it in writing. If the entity that correctly realises the link from their page to the Website wishes to include in their page the brand, denomination, commercial name, sign, logo or whatever other identifying element of MARAWORLD and/or the Website they must contact MARAWORLD in advance to obtain written authorisation.
MARAWORLD does not authorise the establishment of a link to the Website from those pages that contain or may materially contain illegal, illicit, degrading or obscene information or content or which in general may contravene ethical codes, public order or socially accepted norms.
9.3 Services offered by third parties via the Website:
9.3.1 MARAWORLD does not guarantee the lawfulness, trustworthiness and useful purpose of the services offered by third parties through this page about which MARAWORLD only acts as mere publicity channel.
9.3.2. MARAWORLD will not be responsible for the damages, harm or losses of all kinds caused by the services offered by third parties through such a page, and, in particular, as merely illustrative examples , those caused by:
(i) the unfulfillment of the law, ethics and public order: (ii) the incorporation of viruses or any other type of IT code, file or programme that could damage , interrupt or impede the normal functioning of any software, hardware or telecommunications equipment; (iii) the infraction of industrial and intellectual property rights, of company confidentiality, of contractual obligations of any type ; (iv) the realisation of any acts that constitute illegal, fraudulent or dishonest publicity and, in general, which constitutes unfair competition; (v) the lack of veracity, exactitude, quality, pertinence and/or actuality of the contents transmitted, broadcast, warehoused, received, obtained, made available or accessible; (vi) the infraction of rights of honour, personal or familial privacy and the images of persons and, in general, any type of right of a third party ; (vii) the inadequacy of any type of proposal and the disappointment of generated expectations, or the corruption and defects that may be generated with third party relations and (viii) unfulfillment, lateness in complying with, poorly complying with or the termination for any reason of the contracted obligations by third parties and contracts made by third parties.
10. DURATION AND MODIFICATION
10.1 MARAWORLD shall be able to modify the terms and conditions established here, totally or partially, publishing any change in the same form that the General Conditions appear or by any type of communication directed to the Users.
10.2 The temporal validity of these General Conditions coincides, therefore, with the period during which they are on display until they are totally or partially modified, at which time the modified General Conditions will become valid.
10.3 Independent of that included in the Special Conditions, MARAWORLD will be able to terminate, suspend or interrupt access to the contents of the page at any moment and without notice, without the possibility that the User can demand any kind of compensation.
After said extinction, the prohibitions of use of the contents laid out earlier in the present General Conditions shall become apply.
11.1 The titles of the different clauses are only informative and they will not affect, qualify or amplify the interpretation of the General Conditions.
11.2 In the event that discrepancies exist between what is established in the General Conditions and the Special Conditions of each specific service, those laid out in the latter shall prevail.
11.3 In the event of any ruling or rulings that these General Conditions would be considered void or inapplicable, in their totality or in part, by a Court, Tribunal or competent administrative organisation, said cancellation or inapplicability will not affect the other rules of the General Conditions or Special Conditions of the different services of MARAWORLD.
11.4 Failure to apply or carry out any right or rule contained in the General Conditions by MARAWORLD shall not constitute a renunciation of said right or rule, unless it is recognised and agreed in writing on their part.
12.1 The relations established between MARAWORLD and the User will be governed by that which is set out in the applicable regulations of the applicable legislative bodies with the relevant jurisdiction. However, for cases in which the regulations foresee the possibility for the parties to be subject to regional codes of law, MARAWORLD and the USER, renouncing expressly any other type of regional or national code of law that might apply, will submit any case to the Courts and Tribunals of the City of Madrid, Spain.