1. - INTRODUCTION
Access to and use of this website (hereinafter SOLAER) is conditional upon prior reading and acceptance by users of the terms, conditions, notifications, warnings and other legal notices contained in the present legal notice.
Access to and use of SOLAER by the user implies express, full and unreserved acceptance with the entire contents thereof under the sole and exclusive responsibility of said user.
In the event that the user is in disagreement with the contents of these present conditions he or she must leave the website without access to or use of the services offered herein.
2. - IDENTITY OF THE OWNER OF THE SOLEAR WEBSITE
GRUPO SOLAER
C/Ronda Sur Nº 24
16200, Motilla del Palancar, Cuenca
E-mail:
solaer@solaer.net
Internet:
www.solaer.net
The owner is a natural person not registered in the mercantile register.
3. - INTELLECTUAL PROPERTY
All intellectual property rights to the present website are reserved to:
Grupo SOLAER
The aforesaid company reserves all rights of reproduction, distribution, public notification and transformation of the present website.
All articles, files and content pages on SOLAER are registered in the Intellectual Property Register. Full or partial reproduction is strictly forbidden except for private use (home printer, individual use, non-profit-making use).
The law protecting authors' rights provides that "the introduction of a work or database or a website accessible on the Internet constitutes an act of public communication and requires the express authorisation of the author or owner of the exploitation rights".
The contents of this work are protected by the law which provides for penalties of prison and/or fines, in addition to indemnities for loss or damage due to unauthorized reproduction, plagiary, distribution or public communication, transformation, interpretation, or execution on any type of support or communication through any medium whatsoever of part or the whole of the contents of the present website.
Users accessing this website may not copy, amend, distribute, transmit, reproduce, assign or sell the aforementioned elements or create new products or services deriving from the information herein obtained. Only display and downloading for private, non-commercial use is authorised, without extension to any natural or juridical third party whatsoever.
All texts, forum pages, designs, images, data bases, logotypes, structure, trademarks and other elements of this site are protected by law and international treaties on intellectual property. All reproduction, transmission, adaptation, translation, amendment, public notification or any other exploitation of the whole or part of the content of this site executed in any way or by any means whatsoever, mechanical or otherwise, is strictly forbidden without the prior written permission of Grupo SOLAER.
The author of the present work may authorize the reproduction of the content in another website or other support (book, magazine, e-book etc.) provided that the following conditions are met:
1. - Permission has been previously sought in writing by e-mail or ordinary mail.
2. - In the event that permission is granted, the texts are not modified and the source is clearly stated:
Part of the images used on this website is not property of the author or are part of material sent directly by users. In the event that any of said material is subject to intellectual property rights or other rights prohibiting publication in this website, SOLAER hereby undertakes to remove the pertinent elements from the website on reception of substantiated notice of the rights involved.
Framing (on a web page, framing means that a website can be organized into frames, each frame displaying a different HTML document) with SOLAER pages is strictly forbidden as is any other practice which could lead to confusion as to the identity of the author.
No third party may establish a framing relationship between SOLAER and any other page.
4. - RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
SOLAER provides users with access to and use of various services, contents and information.
Access to the website is free of charge and its display on electronic devices does not require registration or subscription.
Notwithstanding, SOLAER reserves the right to deny access without prior notice to any user who fails to comply with any of these general and specific conditions as applicable, or for any reason the management of SOLAER deems fit.
In the event that maintenance, repair, updating or improvement of the service should be required SOLAER reserves the right to temporarily cancel access to the website and associated services without prior notice, and to provide or cancel said services freely and without restrictions of any kind.
SOLAER reserves the right to modify at its sole discretion and unilaterally at any moment and without prior notice the presentation, design, localisation and configuration of the website and also reserves the right in the same manner and scope to modify, cancel or delete the contents, services and access conditions.
5. - USER RIGHTS AND OBLIGATION
The service provided by SOLEAR is free of charge to users. Notwithstanding, some services such as the forum, photo gallery, etc. can only be accessed if the user is registered. Registration shall be carried out in the manner expressly indicated in the service itself or in the specific conditions regulating said service.
The user shall make legitimate and diligent use of the services of the website at all times in compliance with currently applicable legislation, respecting the intellectual property rights of SOLEAR and of third parties.
The user likewise guarantees that the activities developed by means of the Website are in accordance with law, morality, public order and decorum and will not cause offence in detriment of the good name of Solear, other users or third parties.
Users may not carry out any action through the services placed at their disposition by SOLAER which may cause damage or alterations to the contents, or obstruct the proper operation of the website or cause technical problems of any kind, introduce elements which may contain virus or damage, or interfere with, or totally or partially intercept the present website or interfere with the e-mail of other users.
Users are entirely responsible for the accuracy and veracity of the information they may provide to the website, and SOLAER reserves the right to deny access to any user providing false or erroneous data or information.
The user is responsible for the security and confidentiality of the password, username or other codes (provided on registration) for access to the forum and associated services and shall keep these in a safe place with the object of impeding the access of unauthorized third persons.
The user shall make good and proper use according to law, morality public order and decorum of those areas of the website which allow users to introduce contents accessible to other users, such as forums, galleries of images, hyperlinks, and chats.
In particular users shall not engage in practices including but not limited to the following: transmitting, disseminating or placing at the disposition of third persons information, data, content, messages, graphic designs, drawings, sound files, photographs, recordings, software and in general any kind of material whatsoever which:
(a) is contrary to, denigrates or is opposed to fundamental universal human rights and liberties recognised in the Constitution, the law and international treaties.
(b) introduces, encourages or fosters violent or libellous behaviour contrary to the law, morality, public order and decorum.
(c) introduces or fosters discriminatory behaviour on the ground of gender, race, religion, beliefs, age or condition.
(d) incorporates, makes available or permits access to products, services, elements and/or messages which are illicit, violent, offensive, noxious, degrading or in general against the law, morality, public order and decorum.
(e) Induces or could induce an unacceptable state of anxiety or fear.
(f) introduces or encourages the practice of dangerous, risky or harmful activities contrary to physical and psychological well-being.
(g) is false, ambiguous, inexact, exaggerated or untimely in a manner which may lead to error or confusion with respect to the object or intentions of the sender.
(h) is protected by intellectual property rights belonging to third parties to which the user has not obtained the authorisation of the owners for the use he or she is making or intends to make of said material.
(i) breaches business secrecy of third parties
(j) is damaging to the good repute, personal and family intimacy or personal image of individuals.
(k) which is in any way damaging to the credit of SOLAER or of third persons.
(l) infringes secrecy of communications legislation
(m) constitutes, as appropriate, illicit, misleading or unfair advertising or in general unfair competition.
(n) incorporates digital virus or other physical or electronic elements which may damage or impede the normal operation of the network, the system or information technology equipment (hardware and software) pertaining to SOLAER or to third parties or damage electronic documents or files stored on said equipment.
(o) provoke difficulties for the normal operation of the service due its nature or features (format, extension, etc.).
The user shall abstain from:
(i) procuring data for advertising or promotional purposes or remitting publicity of any kind whatsoever or notifications with the object of selling or other commercial information without prior consent.
(ii) remitting other unsolicited messages constituting spam (identical messages sent to numerous persons) without prior consent.
(iii) sending unsolicited chain messages without prior consent.
(iv) using distribution lists which may be obtained through services for the carrying out of the activities indicated in sections (i) and (iii) above.
(v) placing at the disposition of third parties data obtained from distribution lists with any purpose whatsoever.
6. GUARANTEE AND LIABILITY EXCLUSION
6.1. SOLAER does not guarantee the availability or continuity of operation of the present website and its services. Thus all liability is excluded for loss or damage of any nature whatsoever deriving from unavailability or discontinuity of operation of the website and its services or the utility which users may have attributed to the same.
6.2. SOLAER does not guarantee the absence of viruses or other elements introduced into the content of the website by third parties and which could cause damage to the user's computer system (hardware and software) or to files stored in the same. Consequently, SOLAER is absolved from any liability whatsoever for loss or damage due the aforesaid causes.
6.3. SOLAER is not obliged to monitor and does not monitor the use which users may make of the present website or of its services or content. In particular, SOLAER does not guarantee that users employ the website in accordance with the present General Condition or, as applicable, the Particular Conditions or that they do so with due diligence and precaution.
SOLAER declines all liability for loss or damage of any kind which could result from the use of the website, its services or content.
6.4. SOLAER has no responsibility to verify, and does not verify, the identity of the users or the veracity, validity, thoroughness and/or authenticity of the data provided by said users to the site and to other users.
6.5. The user accepts that SOLAER has been created and developed in good faith with information from internal and external sources and is offered to users on the understanding that it may contain inaccuracies or errata. For that reason, the user shall exonerate SOLAER from any liability in relation to the reliability, utility or expectations which the portal may arouse during use of the same. SOLAER declines all responsibility deriving from possible lack of veracity, completeness, updating or precision of the data and information herein contained.
SOLAER does not guarantee the content provided by third persons or the veracity, reliability, precision, suitability or utility of the contents for the purpose for which users or other persons may employ said information.
6.6. The Website makes links, directories and search tools available to facilitate access of users to websites belonging to or managed by third parties. SOLAER does so in good faith, in the belief that said sites comply with the applicable legislation. Notwithstanding, SOLAER declines all responsibility whatsoever for said third-party websites, their content or services and specifically notifies users that access to third party websites through the present page is entirely at their own risk. Links to sites in breach of current applicable legislation or those damaging the rights of third persons shall be removed at the discretion of SOLAER or on request by the competent judicial or administrative authorities.
SOLAER declines all responsibility with respect to online shops, websites, products or services marketed on the Internet and in particular those which may appear as advertisers on the present website, which are independent entities and liable to respond for their own activities.
SOLAER does not guarantee in any way whatsoever the content of third party websites and declines liability for loss or damage deriving from use of the same.
6.7. The user accepts personal responsibility for notices, comments opinions or other material uploaded to forums, chats, photo-galleries etc on SOLAER and expressly exonerates SOLAER from any liability whatsoever in relation to said materials. Likewise, the opinions or points of view expressed or material displayed in this respect do not in any way represent the views or count on the approval of SOLAER.
7. PERSONAL DATA PROTECTION
SOLAER has implemented the technical and organisational security measures necessary to guarantee the integrity, confidentiality and availability of personal data provided by users. Notwithstanding, SOLAER declines all responsibility for loss or damage caused by possible deletion, misappropriation, hacking or other technical problems beyond our control which may affect said data.
Cookies
The first time a user accedes to SOLAER, the website will send a cookie to the user's system. Cookies are files which identify the client system and supply this information to the server system. In this way SOLAER can adapt its website to the search preferences of its users.
Our cookies associate only anonymous users, do not supply information which would allow identification of the user, are not able to read the client hard drive or other cookies sent by other service suppliers.
The user acknowledges and accepts that SOLAER uses cookies on access to its web. In any event, acceptance of cookies is not obligatory and the user may set up Internet Options on the client system to reject the storage of cookies.
Likewise the GPS service Google Maps uses cookies which respect all rights and comply with the current legislation concerning personal data protection.
8. DURATION AND TERMINATION
As already noted in 6.1 above SOLAER does not guarantee the availability or continuity of operation of the present website and its services
SOLOAER reserves the right to unilaterally terminate, postpone or interrupt the website or any of its services at any time and without prior notice.
Thus all liability is excluded for loss or damage of any nature whatsoever deriving from unavailability or discontinuity of operation of the website and its services or the utility which users may have attributed to the same.
SOLAER reserves the right to deny access without prior notice to any user at any time on the sole criteria of the owner of this website.
9. NULLITY OF CLAUSES
In the event that any clause or part thereof pertaining to the present notice were declared null and void, said nullity shall be confined exclusively to the clause involved or part thereof, the remainder of the notice maintaining its original validity, the null clause or part thereof being held as not considered except in the event that said nullity affects the validity of these General Conditions as a whole.
10. - JURISDICTION AND APPLICABLE LAW
These present conditions of use and any relation between users and SOLAER shall be governed by the laws of Spain.
In any litigation arising from the present General Conditions or from relations between SOLAER and users both parties agree to subject themselves to the exclusive jurisdiction of the Law Courts on Oviedo (Asturias) with express waiver of any other jurisdiction to which they might otherwise be entitled.
