Disclaimer – Terms & Conditions for the use of the Lupicinio International Law Firm website
Important note: Please read the current Disclaimer carefully each time you access the Website, as this Disclaimer and these Terms & Conditions of Use may undergo modifications.
13th May 2014
1. Legal information and acceptance
These regulations govern the use of the internet portal service, web page or website (hereinafter the “Website”) of LUPICINIO INTERNATIONAL LAW FIRM (hereinafter the ‘Firm’).
The Firm is based at No. 29, Calle Villanueva, 28001 Madrid (Spain). The Firm’s CIF (Certificate of Fiscal Identification) number is 14543423V. The Firm can be contacted by phone on +34 914 360 090 or by Fax on +34 915 782 499.
Access to the webpage is free except for the cost of connection through the telecommunications network access provider for each user. There is the possibility that some services are for clients only and access would hence be exclusive to them. The legal services provided by the Firm are billed for the amount indicated in the corresponding proposal for professional services.
The user’s (hereinafter the “User”) access to the Website constitutes acceptance of all conditions contained in this Disclaimer. The provision of the Portal service has a limited duration only while the User is actually connected to the Website.
Some of the services of the Website that are accessible for Internet users or exclusive to clients of the Firm may be subject to particular conditions, regulations and instructions, which if required may replace, complete and/or modify this Disclaimer and are considered as being accepted by the user in the event of accessing the corresponding service.
2. Intellectual and industrial property
All content of the Website, including but not limited to text, photographs, graphics, images, icons, technology, software, links or links and other audiovisual or sound content, as are its graphic design and source codes (hereinafter, the “Content”) are the intellectual property of the Firm or of third parties, without the User inferring that they have been assigned any of the rights recognized by current legislation on intellectual property.
The trademarks, trade names or logos used or mentioned on the Website are the property of the Firm or of third parties, without access to the Website corresponding with the attribution of any rights to trademarks, trade names and/or logos.
The User is obliged at all times to use the Website correctly, in accordance with current regulations and this Disclaimer. You will be liable to the Firm, and/or to third parties as appropriate, for any damages caused as a result of a breach of this obligation.
The use of the Website for purposes injurious to the property or interests of the Firm or third parties is expressly prohibited, as is overloading, damaging or disabling the networks, servers and other computer or telecommunications equipment (hardware) or products and applications IT (software and apps) of the Firm or third parties in any other way.
The User agrees to use the Content in accordance with the Law and this Disclaimer, as well as other conditions, regulations and instructions which, if necessary, could be applied in accordance with the provisions of Clause 1.
The following list is not exhaustive, but merely illustrative: the User will not
a) Reproduce, copy, distribute, make available to third parties, publicly communicate, transform or modify any of the Content, except as expressly authorized by law or expressly allowed by the Firm or whoever holds the ownership or the respective exploitation rights of such Content, if any.
b) Reproduce or copy for private use any Content that may be considered as database or software, in accordance with current legislation on intellectual property, as well as its public communication or its being made available to third parties.
c) Remove and/or reuse all or any relevant part of the members of the integral Content of the Website or of the databases that The Firm makes available to Users.
3.3 Data Collection Forms
Notwithstanding that which is declared in Clause 5 of this Disclaimer, as well as inn the privacy policies applicable at all times, the use of certain services or requests directed to the Firm are conditional upon the prior completion of a form with certain User details.
All information provided by the User through the Website forms for the above or any other must be legitimate. For this purpose, the User guarantees the authenticity of all data communicated and will keep the information provided for the Firm up to date at all times, so that it corresponds with the actual situation of the User. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the Firm or to third parties due to the information provided.
3.4 Insertion of links to the Website
The Internet user who wishes to insert links from their own websites to the Website must comply with the conditions listed below, without ignorance of these conditions justifying the renouncement of any liability under the Law:
a) The link will only be linked to the homepage or principal page of the Website but cannot be reproduced in any form (inline links, copied text, graphics, etc).
b) It will be prohibited in any case, in accordance with the applicable legislation in force at any time, to establish frames or trademarks of any kind that involve the Website or allow the display of content through Internet addresses other than the Website and, in any case, when viewed in conjunction with contents from outside the Website that: (I) causes, or may cause, error, confusion or deception to users about the true origin of the service or Content; (II) constitutes an act of unfair comparison or imitation; (III) serves to exploit the reputation of the trademark and prestige of the Firm; or (IV) in any other form that is considered prohibited by current legislation.
c) There will be no kind of false, inaccurate or incorrect manifestation about The Firm, its partners, employees, customers or on the quality of services it provides made by the page that inserts the link.
d) In no case shall be it stated on the page where the link is located that the Firm has consented to the inclusion of the link or of any other form of sponsorship, collaboration, verification or supervision of the services of the informant.
e) It is forbidden to use any graphic or mixed trademark name or any other logo of the Firm within the page of the informant except where permitted by law or expressly authorized by the Firm and, where permitted in these cases, a direct link to the Website in the manner prescribed by this Clause.
f) The page containing the link shall comply fully with the law and may not under any circumstances provide or link content belonging to them or to third parties that: (I) are unlawful, harmful or contrary to morals and good customs (pornography, violence, racism, etc.); (II) gives or could give the User a false impression that the Firm endorses, supports, adheres or in any way supports the ideas, or expressions, lawful or unlawful, of the informant; (III) are inappropriate or irrelevant to the activity of the Firm with regards to place, content and theme of the website of the informant.
Access to the Website does not imply any obligation on the part of the Firm to verify the truthfulness, accuracy, adaptation, suitability, exhaustiveness and actualization of the information provided upon it. The contents of this page are general in nature and do not constitute, in any way, the provision of legal services or tax advice of any kind, so this information is insufficient for the User to base personal or business decisions upon.
The Firm is not responsible for decisions based on the information provided on the Website or damages caused to the User or to third parties for actions that are based solely on information obtained from the Website.
4.2 Quality of service
Access to the Site does not imply any obligation on behalf of the Firm to control the absence of viruses, ‘bugs’ or any other harmful computer element. The User, in any case, is responsible for ensuring the availability of suitable detection and disinfection of harmful computer programs.
The Firm is not responsible for any damage to the computers of the Users or third parties during use of the Website.
4.3 Availability of Service
Access to the Website requires services and supplies from third parties, including transport across telecommunications networks whose reliability, quality, continuity and operation do not correspond to the Firm. Accordingly, the services provided through the Website may be suspended, cancelled or inaccessible prior to or during the provision of the Website’s service.
The Firm is not responsible for damages of any kind caused to the User as a result of failure or disconnection of telecommunications networks that produce the suspension, cancellation or discontinuance of the Website service, prior to or whilst providing the service.
4.4 Contents and services linked to the Website
The Website access service includes technical linking devices, directories and even search tools that allow the user to access other internet sites and portals (hereinafter “Linked Sites”). In such cases, The Firm acts as a provider of intermediary services in accordance with Article 17 of Law 34/2002, of July 12, on Information Society Services and Electronic Commerce (“LSSI”) and will only be responsible for the content and services supplied on the Linked Sites to such an extent when it is fully aware of their illegality and has not deactivated the link with due diligence. In the event of the User considering a Linked Website to contain unlawful or inappropriate content, they may inform the Firm in accordance with the procedure and the effects specified in Clause 6, but under no circumstances will the notice entail obligation to remove the link.
In no case shall the existence of Linked Websites correspond to the existence of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of the Firm with demonstrations, contents or services provided.
The Firm does not know the contents and services of the Linked Sites and is therefore not responsible for damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and/or services of the Linked Sites or any other damages not directly attributable to the Firm.
5. Protection of personal data
5.1. Treatment of personal data
In compliance with the provisions of Organic Law 15/1999 of 13 December on the Protection of Personal Data (“LOPD”), we inform you that the personal data and information that allows us to provide when filling in any electronic form available on the Website (“Data”) will be included in a file of personal data held by the Firm. The purpose of this data gathering is to process a request. The questions included in each of the forms are voluntary, except those marked with an asterisk (*), which are mandatory. In the case of a lack of answer to required questions, the Firm reserves the right not to process incomplete applications.
5.2. Communication of data to third parties
In order to fulfill a request, or a request for information, it may be necessary for the Firm to supply Data to the other companies that constitute the group known as the Firm. The societies in the Firm Group are related and can be consulted at any time on the website. The Firm Group societies are dedicated to providing the following services: (i) legal and fiscal advice; (ii) business consultation; (iii) activities of study, research, training and dissemination materials of professional, academic and business interest; (iv) administrative management, and (v) charitable activities. The Firm Group societies are located in Spain and abroad, both within and outside the European Union, countries that can offer a level of protection that is not comparable to the Spanish equivalent.
5.3. Commercial communications
When dealing with electronic forms you will be asked to expressly give your consent in order to automatically send commercial communications by any means, including via electronic mail or equivalent electronic communication, in accordance with Article 21 of the LSSI.
5.4. Security measures
The Firm adopts the security levels required by Royal Decree 1720/2007 of December 21, which approves the Regulation of the development of the LOPD, appropriate to the nature of the data being processed at any time. Nevertheless, technical security in an environment like the Internet is not unassailable and can be misused by third parties, but the Firm uses all the means at its disposal to prevent such actions.
In compliance with Article 22.2 LSSI, the Firm will only use storage devices and data recovery (Cookies) when the user has given prior consent to do so, according to what is indicated in the popup browser window when the user first accesses the Website and other Terms & Conditions contained in the Firm’s Cookies Policy that every user should be aware of.
5.6. ARCO rights
Users may exercise their rights of Access, Rectification, Cancellation and Opposition (‘ARCO Rights’) in the terms provided by law in order to send a communication by means of the postal service to the Dept. Of Privacy and Data Protection of LUPICINIO INTERNATIONAL LAW FIRM, No.29 Calle Villanueva, 28001 Madrid, Spain, or by sending an email to the following address: [email protected], indicating in both cases their first and last names.
6. Communication of activities of an inappropriate and illicit nature
In the event that the User or any other Internet user becomes aware that a Linked Site refers to pages whose content or services are unlawful, harmful, degrading, violent or contrary to morality the following may contact the Firm indicating the following:
a) Personal data of the informant: name, address, phone number and email address;
b) A description of events that reveal the illicit or inappropriate nature of the Linked Site;
c) In the event of a violation of rights, such as intellectual and industrial property, infringement of the personal data of the rightful owner if it is a person other than the informant. Documentation that proves the holder’s legitimate rights should also be sent and, where appropriate, that of the representative to act on behalf of the owner if someone other than the informant;
d) An express declaration that the information in the complaint is accurate.
Documentation that proves the holder’s legitimate rights should also be sent and, where appropriate, that of the representative to act on behalf of the owner if someone other than the informant, as well as an express statement that the information in the complaint is accurate.
The receipt of the communication alluded to in this Clause on behalf of the firm will not suppose, in accordance with the LSSI, effective knowledge of the activities and/or contents specified by the informant.
This Disclaimer is governed in all respects by Spanish laws, and construed in accordance with them.