1.- Ownership of the Website
The owner of the website www.emsur.com (hereafter, the “Website”) is “EMSUR MACDONELL, S.A.”, a company with registered address at Avda de Madrid nº 72 de Alcalá de Henares (Madrid), Tax Identification Code (NIF) A-28320984 and registered in the Commercial Register of Madrid Volume 3959, Sheet 175 and Page M-66286 (hereafter, “EMSUR”).
2.- Access to Website and acceptance of General Conditions
The purpose of these General Conditions of Use is to regulate the information made available via the Website and the use made of it by the users. Any person who browses the Website will have User status (hereafter the “User”).
Access and use of this Website implies the User’s acceptance of these General Conditions of Use, if the User is not in agreement with these conditions he/she shall abstain from accessing the Website.
EMSUR reserves the right to change the present General Conditions of Use unilaterally and at any time, for legal reasons, for technical reasons or due to changes in access to contents or to the Website, as well as to carry out changes that may derive from codes of conduct that are applicable or, as the case may be, for strategic reasons, notifying Users of these via the Website.
Furthermore, EMSUR may, at any time, carry out changes and update the information contained in this Website or in its settings or presentation.
3.- Limitation of Liability
EMSUR will make every effort to avoid errors in the contents posted on the Website and to guarantee its correct operation.
EMSUR states that it has adopted all the necessary measures in its scope and in the state of the art to guarantee the operation of the Website and to prevent the existence and transmission of viruses and other harmful components to Users.
However, EMSUR cannot guarantee nor can it be held liable for:
- The continuity of the Website contents and/or lack of availability or accessibility to the Website;
- The absence of errors in contents and/or products;
- The absence of viruses or other harmful components on the Website or on the server that supplies it;
- The invulnerability of the Website and/or the impregnability of the security measures adopted in it;
- Damages caused by any person who infringes the conditions, rules and instructions that EMSUR has established on the Website or violates the website’s security systems; and
- Any other damage that may be caused by reasons inherent to lack of operation or erroneous operation of the Website or websites to which links may have been established.
Likewise, EMSUR is not liable for any direct or indirect damage that may result from the use of the Website or its contents.
The User hereby assumes, under his/her sole responsibility, any consequences of damages or actions that may result from accessing the contents and from using the Website.
4.- User obligations
The User agrees to use the Website and its contents correctly, according to the possibilities and purposes for which it is designed.
Use of the Website for illicit or harmful purposes that go against companies or third parties or that may damage or impede the normal operation of the Website is strictly forbidden.
The User shall be responsible for any use that contravenes the provisions of these General Conditions of Use, current legislation, good faith, uses, customs or public order.
EMSUR shall not accept any liability, either direct or indirect, deriving from the User’s misuse of the Website or of its contents and, in any event, the latter accepts, under his/her sole responsibility, any consequences, damages or actions arising from his/her access or use of the Website or of the contents hosted, as well as from their reproduction or communication.
In particular, (including and without limitation) the User shall abstain from:
- reproducing or copying, distributing, allowing public access via any means of public communication, transforming or modifying any aspect of the Website;
- using any kind of information obtained via the Website to send publicity, communications for direct sales purposes or for any other commercial purpose, unsolicited messages addressed to a large number of people regardless of their purpose as well as abstaining from commercializing or divulging the said information in any way; and
- using false identities or impersonating the identity of others in the use of the Website or in the use of any of the Website services.
EMSUR reserves the right to cancel or restrict the access of certain Users to the Website if it observes conduct that, in its opinion, contravenes these General Conditions of Use, the Law or any other regulation established by EMSUR or that may interfere with the correct operation, image, credibility and/or prestige of EMSUR or of its collaborators.
5.- Intellectual and Industry Property
All of the contents that form part of this Website, including but not limited to information, articles, software, data, texts, trademarks, trade names, logos, icons, images, design and image of the Website (“look and feel”), video files, audio files, databases, computer applications are owned by EMSUR or are used under licence from third party holders of the intellectual and/or industrial property rights of the aforesaid contents. They are protected by current intellectual and industrial property laws.
Under no circumstances shall it be deemed that a licence has been granted to the User nor a waiver, transfer, total or partial assignment of the said rights or any right over the said contents, without the prior express authorization of EMSUR.
Thus, any use of Website contents in favour of third parties is expressly forbidden without the prior authorization of EMSUR. In particular, the User shall not alter, exploit, reproduce, distribute, communicate publicly or make available to third parties any of the contents that form part of the Website.
Any third-party link to this Website must be carried out in good faith and respecting the rights of the title-holder and having obtained the prior authorization of EMSUR for it to be included.
6.- Data Protection
7.- Applicable law and jurisdiction
Use of the Website will be governed by Spanish legislation.
Any discrepancy arising in relation to its use will be submitted to the jurisdiction of the Spanish Courts and Tribunals.