Website terms and conditions
- 1.1 I. Identification
- 1.2 II. Access
- 1.3 III. Purpose
- 1.4 IV. Trustful information
- 1.5 V. Intellectual property
- 1.6 VI. Liability
- 1.7 VII. Use terms and conditions
- 1.8 VIII. Our liability
- 1.9 IX. Temporary or unlimited suspension
- 1.10 X. Confidentiality and data protection
- 1.11 XI. Miscellany
- 1.12 XII. Applicable law and competent jurisdiction
Website terms and conditions
This website is operated by:
- Titleholder: AKTION LEGAL PARTNERS, S.L.P. (en Adelante, “AKTION” or “we”).
- VAT/Tax No.: B98927759
- Registered office: Valencia, Calle Isabel La Católica, 8 -Ap. 36-37 – C.P.: 46004.
- Valencia Trade Registry, al Volume 10316, Book 7597, Sheet 89, Section 8ª, Foil V177339, Inscription 2ª.
- Mail: email@example.com
Hereinafter the owner of the current website is defined as Internet Services Provider, under applicable Spanish regulation, Law 34/2002, on internet services and electronic commerce.
On the other side, the person who accesses to our environment (hereinafter, the “website”) shall be deemed as USER following the applicable regulation.
Access to the website shall be done without any restrictions not withstanding that in order to hire the services either of advertising or of contacting with professionals the user must be of legal age, or legally emancipated.
It will not be necessary to access the website a previous registry at our database, which only will be necessary given the case the user desires to hire or acquire any of the offered services.
In any of the afore described cases, the user shall be liable for any harm or prejudice, whether direct or indirect, that may be consequence of an improper usage of either the pages or the website. Regarding the data with which the user fulfils its registration or profile, the user shall be liable for the veracity and for not having requested previous consent from the person or people to whom the data belong.
AKTION offers the following contents, services, and activities: «information online services regarding the activities and news relating to the law firm AKTION LEGAL PARTNERS».
IV. Trustful information
The information provided by the user must be truthful, accurate, trustworthy and transparent, being this the reason by which any user shall be liable for any false, untruthful, vague or inaccurate expressions, data, contents, information or details.
V. Intellectual property
AKTION is titleholder of, or is entitled to use, any necessary intellectual property licenses in order to run the website and use the contents offered through the same, including but not limited to, the website, texts, photos, illustrations, logos, brands, commercial names, draws, interfaces, or any other information or content and the services available.
Any references to brands or commercial names, as well as to any other type of distinctive, either property of AKTION or of third parties, are deemed to be used without previous express consent of either AKTION or its titleholders. At any moment neither the access nor the use of the website would mean legitimacy, ownership, or possession over any of the latter. Users are deemed only to use the contents or services at the website offered with the sole purpose to enjoy the services provided.
Considering the aforementioned it shall be forbidden to modify, copy, reproduce, communicate, broadcast, transform or distribute, by any mean or under any form, the whole or part of the contents included in the website, for any purposes, without express previous consent of either AKTION or its owner. Likewise, it is forbidden to delete, erase or manipulate the copyright signs or any other statements or specifications identifying the owners of the contents the user may find on the website. Furthermore, it is forbidden to delete, erase or manipulate any technical protection, digital marks or any other protection feature or information aggregated to the website contents.
All information or contents sent by the user to AKTION shall state and guaranty:
- there is no restriction;
- that any of the information breaches any intellectual property right, commercial secret or any other third parties’ rights; and
- that the information sent is neither confidential nor prejudicial to third parties.
Regarding what is described the user bear all responsibilities for all communications and contents sent to AKTION, keeping us harmless before any claims, proceedings, harms, costs, fess (including legal), interests, rates or any other expenses, either direct or indirect, derived from any sent communication or message.
If by any other circumstances or mean the user acknowledges the existence of any unlawful or illegal content that may cause any intellectual property rights breach to others or itself, the user shall communicate it as soon as possible to AKTION via email or mail so AKTION may be able to embrace all appropriate legal actions. Where the infringement affects to an assignee or owner, it shall be communicated immediately at least stating:
- identification and contact means;
- documentation showing its ownership or legitimation to be deemed as transferee;
- violation or infringement caused and exact location within the website;
- express declaration stating that the contents have been used without previous consent of the owner or transferee.
Should the user find any link to other sites, pages or website environment external to AKTION website, it shall be taken into account that:
- regarding any link to any website via buttons, or links, or embedded contents, these are to be managed by third-parties unless otherwise said.
- AKTION does not have enough human or technical resources to know, control, approve all the information, contents, products or services previously to which the user could access through the buttons, links, banners, or embedded contents.
- That is the reason why AKTION could not be liable for any other platform, environment or website in which the contents, information, services to which the user may have been redirected from AKTION. Likewise, we could not be liable for the functioning, access, data, information, files, quality or trustworthiness of any third-party page, platform, or websites.
- Where the user exits AKTION and acknowledges any illegality on the activities or contents hosted at third-party websites, we would appreciate that the user communicates immediately that fact so we are able to disable the link, ad, or button to the hereby site, page or platform described.
- Consequently, the existence of any type of link to any other website, page or platform will not imply any type of relation, collaboration, or dependence to any owner.
- Regarding the links to AKTION from other websites, by any mean such as buttons, links, banners, or embedded contents, these are to be managed by third parties, unless otherwise said.
- AKTION does not have enough human or technical resources to know, control, approve all the information, contents, products or services provided by other websites that could have established links to our website.
- Likewise, AKTION forbids any type of link to website from other website, platform or page that may contain unlawful or illegal materials, information or contents, including but not limited to, degrading, obscene, and generally that may defy the Law, the moral or the public order. However, it is possible to set up links to our website from an user webpages, platforms, or websites, whenever a minimum set of requirements are met:
- the page, platform or website where the link may be shall not reproduce, either partially or fully, the content of the website (web scrapping);
- it is not allowed to create neither a browser nor a border environment over the website sections, and it shall not be possible to by any other mean to modify the website;
- it is not allowed to make false, inaccurate, incorrect statements or indications on the website, and particularly it is not allowed to state or give the impression that AKTION may had allowed the link to the website or that AKTION may had reviewed or assumed in any way the contents or the services provided on the website where the link appears;
- the webpage in which the link may be established will contain neither unlawful, nor immoral content, nor contents breaching any third party rights including but not limited to intellectual property rights, or honour, privacy or familiar rights, nor contents infringing the data protection regulation.
VII. Use terms and conditions
It shall be taken into account the below stated rules:
- it is not allowed neither the access nor the use of the website with illegal, or unauthorised aims. It is solely of the user liability any event derived from the infringement of the expressed rules. Particularly, including but not limited to, it shall be deemed as infringement:
- to use the website in any way that may cause harm, interruptions, inefficiency, or faults in the website functioning or in any other third-party equipment’s;
- to use the website in order to transmit, install, broadcast any virus, malware, or any other prejudicial software;
- to use the website in order to obtain personal data of other users;
- to use the website illegally, or infringing the bona fide, the public order or the social morality.
- it is not allowed to access unauthorizedly neither to a website section, nor to the connected networks, nor the servers, nor the offered services, by the means of piracy, falsification, passwords robbery, any other unlawful mean.
- it shall be deemed forbidden to violate or try to violate both the security measures and the authentication methods of the website or of any other connected networks or of the security measures applied to the offered contents;
- to perform any action that could provoke a disproportioned or unnecessary saturation on the infrastructure of the website or on the networks or systems of AKTION.
The infringement or violation of any of the afore mentioned rules will entitle us to take any appropriate and lawful measure, including but not limited to block the access of the infractor user, without possibility for the infractor to claim indemnification or compensation for the harm and prejudices caused.
VIII. Our liability
As internet services provider, and considering the inability to control the whole website, we do neither guarantee nor are liable for:
- the continuity of the contents or services hosted at the website, or of the external events;
- the absence of virus and/or other type of harmful softwares, such as malware, bots, etc.
- the invulnerability of the website and/or of the impossibility to breach the security measures;
- the lack of usability or efficiency of the contents and services of the website;
- the harm or prejudices caused to the user or to a third party any person/user that may breach the terms and conditions, rules and instructions established on the website, or may violate the security measures taken.
However, we do guarantee that we had taken all measures possible within our possibilities and given the state of the art, so as to guarantee the functioning of the website and in order to reduce the faults or errors, whether from a technical view or from the point of view of the contents published.
We shall not be deemed liable for the truthfulness, integrity or continuous update of the published contents that come from third parties.
IX. Temporary or unlimited suspension
AKTION reserves the right to suspend, modify, limit or disrupt, temporally or permanently, the access, use, hosting and/or download of contents and/or use of the services of the website, with or without previous notification to the infractor user, without possibility for the infractor to claim indemnification or compensation for the harm and prejudices caused.
Where the aforementioned occurs, it would be transmitted to the competent authorities.
X. Confidentiality and data protection
Controller: AKTION LEGAL PARTNERS, S.L.P. Dirección: Valencia, Isabel La Católica, 8 -Ap. 36-37 – P.C.: 46004. TAX No.: B98927759; e-mail: firstname.lastname@example.org
Processing purposes: (i)to measure and understand our customers’ preferences in order to offer an appropriate content through the analysis of the navigation metadata; (ii) to get in touch with our clients so that we may help them, and answer their questions and communications; (iii)to send, if it should be the case, with previous user consent, commercial communications and relevant news; (iv) for the compliance of the applicable regulation; (v) in order to comply with our user license agreement; (vi) to collect analysis and statistical data so that we offer and provide better services and a better user experience.
Data retention periods: it depends on the beforementioned purposes, which means that for the purpose:
i. 18 months;
ii. as long as it is necessary so that we communicate with you;
iii. until you withdraw your consent;
iv. to the extent set out in the applicable law;
v. until prescription of all civil, public and criminal obligations;
vi. following e-communications data retention law. 18 months.
Our basses for the processing are:
i. our legitimate interest;
ii. our legitimate interest;
iii. your consent;
iv. compliance with applicable legal obligations;
v. for the performance of a contract (user license agreement);
vi. our legitimate interest.
Data communication: we do not communicate your data to third-party without previous user consent. However, it is to take into account that for the use of social media tools all data you previously handled are, if it should be the case, communicated to us, or vice versa.
You are entitled to request us via email or postal mail your data rights, such us:
i. the right to be informed about the collection and the use of their personal data
ii. the right to access personal data and supplementary information
iii. the right to have inaccurate personal data rectified, or completed if it is incomplete
iv. the right to erasure (to be forgotten) in certain circumstances
v. the right to restrict processing in certain circumstances
vi. the right to data portability, which allows the data subject to obtain and reuse their personal data for their own purposes across different services
vii. the right to object to processing in certain circumstances
viii. rights in relation to automated decision making and profiling
ix. the right to withdraw consent at any time (where relevant)
x. the right to complain to the supervisory authority.
Moreover, it shall be considered that;
- given the case that any rule or section of the hereby drafted legal note is deemed void or invalid, the referred invalidity or nullity shall not affect the other terms.
- failure by AKTION to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such rights, unless otherwise communicated or agreed.
XII. Applicable law and competent jurisdiction
Whenever the current law sets forth the possibility for the parties to submit to a specific forum, for any legal matter or question that is incumbent upon the webpage the Spanish legislation will be applied, remaining any legal matter submitted before the court of competent jurisdiction.