Legal Warning

Identifying details

The purpose of this Legal Warning is to regulate the use of the website https://elvirameraki.com/, hereinafter the «Website», owned by Elvira Álvarez López with VAT number 10.081.378-H and contact address at Cl.Torrox 1, local 1 (Los Boliches), Fuengirola, 29640, Málaga, phone number +34 677 14 99 08, email hola@elvirameraki.com, hereinafter «the Owner», pursuant to the duty to inform, as specified in Article 10 of Act 34/2002 of 11 July 2002 on Information Society and Electronic Commerce Services.

In order to use the Website, the user must expressly accept each and every one of the clauses indicated in this Legal Warning. If the user does not accept the clauses established in this Legal Warning, he/she must refrain from accessing and/or using the services and/or content made available on the Website and must leave it.

Access and/or use of the Website confers the status of user, who accepts, from said access and/or use, the general conditions of use reflected here. The aforementioned conditions will be applicable independently of the general contracting conditions that may be mandatory.

Use of the Website

The Owner provides access to a wealth of online information, services, programs and data (hereinafter, “the Content") belonging to the Owner or its licensors which you may access.

You assume responsibility for the use you make of the Website. This responsibility extends to the registration in order to access certain services or content where required. In doing so, you will be responsible for providing truthful and lawful information. When registering, you must provide a password for which you will be responsible and you undertake to make diligent and confidential use of it.

You agree to make appropriate use of the content and services (e.g. chats, discussion forums, news groups) provided by the Owner through the Website, including but not limited to not using them to:

• Engage in activities that are unlawful, illegal or contrary to good faith and public order.
• Distribute content or propaganda that is racist, xenophobic, illegal or pornographic, in defence of terrorism or that violates human rights.
• Damage the physical or logical systems of the Website, its suppliers or third parties, introduce or distribute over the internet any computer virus or any other physical or logical system liable to cause the aforementioned damage.
• Attempt to log into or, where applicable, use the email accounts of other users or modify or manipulate their messages.
• Use the Website or information contained therein for commercial, political or advertising purposes or any commercial use, particularly regarding the sending of unsolicited emails.

The Owner reserves the right to remove all comments and contributions that breach respect for personal dignity, that are discriminatory, xenophobic, racist or pornographic, that violate the rights of young people or children, public order or public safety, or that in its opinion are not appropriate for publication. In any case, the Owner will not be liable for the opinions submitted by users through forums, chats or other participation tools.

Data protection

All matters covered by the data protection policy are contained in the privacy policy document.

Intellectual and industrial property

The Owner owns all the intellectual and industrial property rights over the Website, as well as all the elements it contains (including but not limited to: images, photographs, sound, audio, video, software or texts, trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs required for its operation, access or use, etc.) that are owned by the Owner or its licensors.

All rights reserved. In accordance with Articles 8 and 32.1, second paragraph, of the Intellectual Property Act, the reproduction, distribution and public communication, including the means of making available all or part of the contents of the Website for commercial purposes, on any medium and by any technical means, without the authorisation of the Owner, is expressly prohibited.

Exclusion of guarantees and liability

You acknowledge that you make use of the Website and its contents and services under your sole responsibility. Specifically, by way of illustration only, the Owner assumes no liability in the following areas:

• The availability of the operation of the Website, its services and contents and its quality or interoperability.
• The purpose for which the Website serves your aims.
• Violation of current laws by you or third parties, and specifically of intellectual and industrial property rights owned by other persons or entities.
• The existence of malicious codes or any other harmful computer elements that could be caused by your or third-party computer systems. It is always your responsibility to have tools to detect and disinfect these elements.
• Fraudulent access to content or services by unauthorised third parties or, where applicable, the capture, elimination, alteration, modification or manipulation of messages and communications of any kind that said third parties might perform.
• The accuracy, truthfulness, current nature and usefulness of the contents and services offered and the subsequent use you make of them. The Owner will take all reasonable efforts and means to provide up-to-date and reliable information.
• Damage caused to computer equipment when logging into the Website or damage caused to you by failures or disconnections in telecommunications networks that interrupt the service.
• Damage or loss derived from circumstances occurring as a result of an act of God or force majeure.

If there are forums, you must consider, when using them or other similar spaces, that the messages reflect only the opinion of the user who sends them, who is the sole party responsible. the Owner is not liable for the content of messages sent by users.

Modifications of the Website

The Owner reserves the right to make any changes to the Website as it sees fit, without prior notice, and may change, delete or add content and service provisions and the way they are represented or located in it.

Links

In the event that the Website includes links or hyperlinks to other websites, the Owner will not exercise any control over such sites or content. the Owner will never be liable for the content of a link belonging to another website and it does not guarantee the technical availability, quality, reliability, preciseness, scope, accuracy, validity or constitutionality of materials or information contained in any of these hyperlinks or external websites. In addition, including these external links does not establish any sort of association, merger or involvement with the linked entities.

Rights of exclusion

The Owner reserves the right to refuse or cancel access to the Website and/or services offered without prior notice, at its own initiative or at the request of a third party, to any users who do not comply with this legal notice.

General matters

The Owner will pursue any breach of these terms of use and any improper use of the Website, exercising all civil and criminal actions that may correspond to it in law.

Applicable legislation and jurisdiction

The relationship between the Owner and you as user will be governed by the Spanish regulations in force. All disputes and claims arising from this legal notice will be resolved by the Spanish courts, hereby submit to the exclusive jurisdiction of the Courts of Málaga, waiving any other jurisdiction to which they may be entitled.

Minors

The Website aims its services at users over the age of 18. People under this age are not authorised to use our services and should not submit their personal data. We inform you that if this circumstance arises, the Owner will not be held liable for potential consequences that could arise from breach of the notice established herein.