legal notice

1. Introduction and company information

This is the Legal Notice of the Website owned by Negratin, S.L. (hereinafter Negratin), located at www.negratin.com.

Negratín has registered offices at Calle Capileira 14, Pol. Ind. Juncaril, 18210, Peligros (Granada), and tax ID no. B23383375. You may contact Negratin directly by emailing info@negratin.com or calling +34 958 490 156.
 

2. Purpose and scope of application

This Legal Notice regulates access to and use of the content offered by Negratin through its Websites. However, Negratin reserves the right to modify the presentation, configuration and content of the Website and Services, as well as the requirements for access and/or use. Access to and use of the Content and Services after the entry into force of the amendments or changes in the conditions implies acceptance of same.

Nevertheless, access to certain content and the use of certain services may be subject to special conditions, which will substitute, complement and/or modify, as the case may be, this Legal Notice or the General, and where there is any discrepancy between the Special Conditions and the General Conditions or the content of this Legal Notice, the Special Conditions shall prevail.

By accessing, browsing or using this Website, Users implicitly accept the conditions in this Legal Notice.
In this regard, User refers to the person who accesses, browses or views the content on the Website, and Registered User refers the person who accesses, browses and registers for the use, storage and/or download of Contents and/or use of the Website Services.

 

3. User obligations

Access and use of the Website does not require Registration; however, to use certain functions, users may be required to provide information such as their name and email address.

Access to and use of the Website by persons under 14 years of age is prohibited, except with the prior express consent of their parents, guardians or legal representatives, who will be liable for the actions of such minors, in accordance with current legislation. In any event, it will be understood that a minor accessing the Website had the prior express consent of his or her parents, guardians or legal representatives.

The User agrees:

  • To accept and comply with the provisions of this Legal Notice and any documents that are an integral part of same.
  • Not to store on or communicate messages via the Website whose content is contrary to current legislation, morality, public order, or is defamatory, aggressive, obscene, sexually explicit, offensive, violent or incites violence, racist or xenophobic, or in general which is illegal or violates a person’s rights and/or physical and/or moral integrity.
  • Not to disseminate personal data of other Users of the Website without their prior express authorization.
  • Not to slander, abuse, harass, threaten or otherwise violate the rights of any other Users or persons.
  • Not to eliminate or attempt to override any of the security measures adopted and implemented on the Website.
  • To comply with the legislation in force.

 

4. Intellectual and industrial property rights

Negratin owns or has obtained the exploitation rights for the intellectual and industrial property on the Website, as well as the intellectual and industrial property rights for the information and materials, structure, selection, organization and presentation of the Content, Services and products available through it, as well as the computer programs used in connection therewith.

Access, browsing, use, storage and/or downloading of Content and/or use of the Website Services by the user will in no case be considered a waiver, transfer, license or partial or total assignment of the aforementioned rights by Negratin or the owner of the rights, as the case may be. The User is entitled only to strictly private use, solely for the purpose of using the Website Services.

Consequently, the user is not permitted to delete, avoid or manipulate the copyright notice or any other information identifying the rights of Negratin or of their respective owners included in the Content and/or Services, as well as technical protection measures or any information and/or identification mechanisms that might be contained therein.

In particular, it is strictly forbidden to use the Website Content for total or partial inclusion on other websites that are unrelated to the Website without the prior written consent of the Website’s owners.

References to trade names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by Negratin or by third parties, implicitly entail a prohibition on their use without the consent of Negratin or their rightful owners. At no time, unless expressly stated otherwise, does access or use of the Website and/or its Content and/or Services give the user any rights with regard to the brands, logos and/or distinctive signs protected under the law.

All intellectual and industrial property rights are reserved and, in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, communicate publicly, make second or subsequent publications, upload files, post, transmit, use, process or distribute in any way all or part of the Content and products included on the Website for public or commercial purposes without express written permission from Negratin or the owner of the corresponding rights, as appropriate.

 

5. Communications licence

In the event that the User sends information of any kind to Negratín through the Website, using the channels provided for this purpose on the website, the User states, warrants and accepts that he/she is entitled to do so freely, that the information does not infringe on any intellectual property, trademark, patent, trade secret or any other rights of third parties, that it is not confidential, and that it is not harmful to others.

The User assumes liability and will indemnify Negratín for any communication supplied personally or in its name, which liability covers, but is not limited to, the accuracy, legality, originality and ownership of same.

6. Liabilities and guarantees

Negratin cannot guarantee the reliability, usefulness or accuracy of the services or information rendered through the Website, nor the usefulness or accuracy of the documentation of events that can be procured through the Website, prepared by professionals from diverse sectors.

As a result, Negratin does not guarantee and accepts no liability for:(i) the continuity of the Website content;(ii) the absence of errors in content or products;(iii) the absence of viruses and/or other harmful components on the Website or the server where it is located;(iv) the invulnerability of the Website and/or the infallibility of the security measures taken in the same;(v) the lack of usefulness or performance of the Website’s content and products;(vi) any damages or harm, caused to him/herself or to a third party, by a person violating the conditions, rules and instructions that Negratin establishes on the Website or by breach of the security systems.

Nevertheless, Negratin declares that it has taken all necessary measures, within its capabilities and the possibility of current technology, to ensure the functioning of the Website and to avoid the existence and transmission of viruses and other harmful components to Users.

If the User becomes aware of the existence of any banned or illegal content, or any content contrary to regulations or which might entail a violation of intellectual and/or industrial property rights, he/she should notify Negratin immediately so that appropriate measures may be taken.

 

7. Links

A) Links to other Websites

Any links to other websites on the Website that are accessible by buttons, links, banners, etc. are managed by third parties. Negratin does not have the power or the human or technical resources to know, oversee or approve all the information, content, products or services provided by other websites linked to from the Website.

Consequently, Negratin cannot accept any responsibility whatsoever for any aspect of web pages that may be reached via links from this Website, specifically including, but not limited to, their working, accessibility, data content, information, files, quality and the reliability of any products and services provided, the links themselves and/or any of their content in general.

Accordingly, if Users become aware of illegal activities carried out on any such third-party websites, they should notify Negratin immediately so that the links to such sites can be disabled as soon as possible.

The establishment of any kind of link from the Website to a third-party website does not imply any kind of relationship, collaboration or dependence between Negratin and the parties responsible for the third-party website.

B) Links to this Website from other websites

Any User, entity or website wishing to establish any kind of link to the Website must comply with the following conditions:

  • The link may only lead to the Website’s Homepage, unless otherwise expressly authorized in writing by Negratin.
  • The link must be absolute and complete, i.e. it must take the User to the URL address of the Website in a single click and must include the full screen of the Website’s Homepage. In no case, unless authorized expressly in writing by Negratin, may the website with the link to the Website reproduce the Website in any way, include it as part of its own website or within one of its frames, or create a browser for any of the Website’s pages.
  • On the page establishing such a link, it shall not be permissible to state in any way that Negratin has authorized such a link, unless Negratin has done so expressly and in writing. If the entity that places the link from its own page to the Website correctly wishes to include on its website the brand, name, commercial name, sign, logo, slogan or any other identifying element of Negratin and/or its Website, it must obtain express written permission beforehand.
  • Negratin does not authorize the establishment of a link to the Website from websites containing material, information or content that is unlawful, illegal, degrading, obscene or generally contravenes morality, public order or generally-accepted social norms.

C) Services offered by third parties via the Website

Negratin does not guarantee the lawfulness, reliability or usefulness of the services provided, of the Content supplied by third parties on this Website, or on those where Negratin only acts as a venue for advertising.

Negratin will not be held liable for damages of any kind caused by the services or content provided by third parties through the Website, specifically including, but not limited to, those caused by:

  • Failure to comply with the law, moral values or public order.
  • The transmission of a virus or any kind of computer code, file or program that might damage, interrupt or impede the normal functioning of any software, hardware or telecommunications equipment.
  • Infringement on intellectual and/or industrial property rights or contractual commitments of any kind.
  • Any advertising that is illegal, deceitful or fraudulent or constitutes unfair competition.
  • The lack of veracity, accuracy, quality, pertinence and/or currency of the content transmitted, distributed, stored, received, obtained or made available and accessible.The lack of veracity, accuracy, quality, pertinence and/or currency of the content transmitted, distributed, stored, received, obtained or made available and accessible.
  • Violation of any rights to honor, personal or family privacy, including images of persons and, in general, any kind of third-party rights.
  • The inappropriateness for any purpose and the failure to meet any expectations that may have been raised, or any defects or faults that might arise in relations with third parties.
  • Failure or delay in compliance, faulty compliance or termination for any reason of the obligations undertaken by third parties and contracts made with third parties.
  • Data exchange between Users.

Where third parties advertise their services and/or content on the Website, Negratin accepts no liability for the veracity of the information provided by the supplier of such services and/or content, for obtaining administrative authorizations that might be required of the supplier to provide its services, for the supplier’s violation of third-party rights and, in general, for any obligation or guarantee that the supplier is required to provide to Users.

Negratin is not empowered nor does it have the human and technical means to know, oversee or approve all the information, content, products or services provided by other websites that have established links to the Website. Negratin assumes no responsibility for any aspect of a website that establishes a link to the Website, in particular, and including but not limited to, its operation, access, data, information, files, the quality and reliability of products and services, its own links and/or any of its content in general.

 

8. Cookies

Negratin may process information about visitors to the Website. For this purpose, the Website may use cookies or other standard invisible data collection systems that are used to obtain information regarding the frequency of visits, the most visited content and geographical location, along with other data that serves to optimize and improve Website browsing. By browsing the Website, the User agrees to the collection and processing of such information.

Our Website uses Google Analytics, a web analysis service provided by Google, Inc., a Delaware corporation with head offices at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (“Google”). Google Analytics uses cookies, which are text files located in your computer, to help the Website analyze how Users use the Website.

The information generated by the cookie about your use of the Website (including IP address) is transmitted directly to, and stored by, Google on servers in the United States. Google will use this information on our behalf in order to keep track of your use of the Website, compiling reports on Website activity and providing other services relating to Website activity and internet usage. Google may also transfer this information to third parties when required by law or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

You may object to the processing of the data or information by rejecting the use of cookies by selecting the appropriate settings on your browser; however, doing so may limit the functionality of this Website. By using this Website, you consent to the processing of your data by Google in the manner and for the purposes described above.

 

9. Personal information

The privacy policy of www.negratin.com is set out in the Privacy Policy document.
 

10. Duration and modification

Negratin may modify any or all of these terms and conditions at any time by publishing any change in the same format as this Legal Notice or by way of any other type of communication directed towards Users.

Therefore, the validity in time of this Legal Notice coincides with the period of time it is displayed, up until it is modified, totally or partially, at which time the modified Legal Notice will come into effect.

Regardless of the content of the specific terms and conditions, Negratin may, at any time, and without the need to give advance notice, terminate, suspend or interrupt access to the content of the Website, without the User having any right to demand compensation. Following any such termination, the prohibitions regarding content usage set out above in this Legal Notice will remain in force.

 

11. Miscellaneous

The headings of the clauses are for information purposes only and they do not affect, qualify or broaden the interpretation of the Legal Notice.

In the event of a discrepancy between the provisions of this Legal Notice and any specific conditions of a specific service, the latter will prevail.

In the event that any provision(s) of this Legal Notice were to be 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 provisions of the Legal Notice.

Should Negratin not exercise or execute any rights or provisions contained in this Legal Notice, this will not constitute a waiver of such rights or provisions unless agreed to and acknowledged in writing by the company.

 

12. Jurisdiction

The relationship established between Negratin and the User is governed by the current legislation with regard to the applicable law and competent jurisdiction. However, where the law provides the possibility of the parties submitting to a jurisdiction, Negratin and the User submit all disputes and lawsuits to the Courts and Tribunals of the city of Granada and expressly waive any other jurisdiction to which they may be entitled.

  

Negratín © 2013

Negratín