January 1, 2006
1. Legal information
and acceptance
These provisions regulate the use of the
Internet portal service (the 'Portal')
which Affinitas makes available to Internet
users.
Garrigues, whose registered office is
at Calle Hermosilla número 3, 28001
Madrid, Spain, and has employer identification
number B 81709081, is registered at the
Madrid Mercantile Registry in Volume 17456,
Sheet 132, Section 8, Page M-190538. Telephone
no.: 91 5145200. Fax: 91 3992408.
Access to the website is free of charge,
except for the cost of connection through
the telecommunications network by your
Internet service provider. Certain services
are exclusive to our clients and access
to them is restricted. The tax or legal
services provided by the Firm in general
are priced according to the relevant commercial
offer and will not, under any circumstances,
be offered or rendered through the Portal
service.
Your use of the Portal makes you a user
of the Portal (“User”) and
implies your acceptance of all the conditions
included in this Legal Notice. The Portal
service is provided for a duration that
is limited to the moment when User is
connected to the Portal or to any of the
services provided through the Portal.
User must therefore read this Legal Notice
carefully each time User proposes to use
the Portal, since the Portal and the conditions
for its use as set forth in this Legal
Notice may change.
Certain Portal services accessible to
Internet users or exclusive to Affinitas
clients may be subject to particular conditions,
regulations or instructions that, if appropriate,
may supersede, supplement and/or amend
this Legal Notice and must be accepted
by User before the provision of the relevant
service begins.
2. Intellectual
and industrial property
All Portal content, which is understood
to include but not be limited to text,
photographs, graphics, images, icons,
technology, software, links and other
audiovisual or audio content, as well
as their graphic design and source codes
(the 'Content), is the intellectual property
of Affinitas or of third parties, and
no Content exploitation rights can be
deemed to have been licensed to User beyond
what is strictly necessary for the correct
use of the Portal.
The trademarks, trade names or distinctive
signs are the property of Affinitas or
third parties, and access to the Portal
cannot be deemed to attribute any right
to such trademarks, trade names and/or
distinctive signs.
3. Conditions of use for the Portal
3.1 General
User agrees to use the Portal correctly
in conformity with the law and with this
Legal Notice. User will be liable to Affinitas
or to third parties for any loss or damage
that may be caused as a result of a breach
of this obligation.
The use of the Portal for purposes that
damage the property or interests of Affinitas
or of third parties, or otherwise overload,
damage or disable networks, servers and
other hardware or software belonging to
Affinitas or to third parties, is expressly
prohibited.
3.2 Content
User undertakes to use the Content in
conformity with the law and with this
Legal Notice, and with any other conditions,
regulations or instructions that may be
applicable in conformity with the provisions
of Clause 1.
User must, in accordance with the legislation
in force and without limitation, refrain
from:
Reproducing, copying, distributing, making
available, publicly disclosing, altering
or modifying the Content, except in cases
authorized by law or, as the case may
be, expressly consented to by Affinitas
or by the holder of the rights of exploitation.
Reproducing or copying for private use
any Content that may be regarded as software
or as a database in conformity with the
intellectual property legislation in force,
or publicly disclosing or making available
Content to third parties, where such acts
necessarily imply reproduction by User
or by a third party.
Extracting and/or reusing all or a substantial
part of the Content on the Portal, or
of any databases that Affinitas may make
available to Users.
3.3 Data collection
forms
Without prejudice to the provisions of
Clause 5 of this Legal Notice, the use
of certain services or requests made to
Affinitas are subject to prior completion
of the relevant User record.
All information supplied by User on Portal
forms for the above or any other purposes
must be true. For these purposes, User
warrants the authenticity of all data
communicated by User and will keep the
information supplied to Affinitas perfectly
updated so that it reflects User’s
actual status at all times. In all cases,
User will be solely liable for any false
or inaccurate representations made by
User and for any damage caused to Affinitas
or to third parties by reason of the information
supplied by User.
3.4 Insertion of
links to the Portal
Any Internet user who wishes to insert
links from his website to the Portal must
comply with the conditions detailed below,
and ignorance of such conditions will
not relieve the Internet user of any liability
under the law:
The link will only be to the Portal home
page and may not reproduce it in any way
(inline links, copying of text, graphics,
etc).
In accordance with the applicable legislation
in force from time to time, it is forbidden
in all cases to insert frames of any kind
around the Portal, or permit the Content
to be viewed through URLs other than the
Portal URL and, in any case, where the
Content can be viewed together with content
outside the Portal, in a way that: (I)
causes, or may cause, error or confusion
in, or misleads or may mislead, users
as to the true origin of the service or
Contents; (II) constitutes an act of comparison
or passing off; (III) serves to take advantage
of the reputation of Affinitas’
brand and prestige; or (IV) is otherwise
prohibited by the legislation in force.
No false, inaccurate or incorrect representation
whatsoever on Affinitas, its partners,
employees or clients, or on the quality
of the services that it provides, may
be made on the page inserting the link.
Under no circumstances will it be stated
on the website where the link is located
that Affinitas has consented to the insertion
of the link, or otherwise sponsors, collaborates
with, verifies or supervises the services
of the referrer.
It is forbidden to use any word mark,
figurative mark or combined mark or any
other distinctive sign of Affinitas on
the website of the referrer, except in
cases permitted by law or expressly authorized
by Affinitas and provided that a direct
link to the Portal is permitted in such
cases in the manner established in this
Clause.
The website on which the link is created
must faithfully comply with the law and
may not, in any circumstances, have or
be linked to proprietary or third-party
content that: (I) is unlawful, noxious,
immoral or indecent (content that is pornographic,
violent, racist, etc.); (II) induces or
may induce User into the false belief
that Affinitas subscribes to, endorses,
adheres to, or in any way supports the
ideas, representations or expressions,
lawful or unlawful, of the referrer; (III)
is inappropriate or irrelevant to the
activities of Affinitas having regard
to the place, content and theme of the
referrer’s website.
4. Exclusion of liability
4.1 For information
Access to the Portal does not imply any
obligation on Affinitas to verify the
truthfulness, accuracy, appropriateness,
fitness, exhaustiveness or currency of
the information supplied through the Portal.
Since the Content is of a general nature
and does not in any way constitute the
provision of a tax or legal advisory service
of any kind, such information is insufficient
for User to make personal or business
decisions.
Affinitas is not liable for decisions
made on the basis of the information supplied
on the Portal, or for any damage or loss
to User or to third parties by reason
of actions taken that were solely based
on information obtained on the Portal.
4.2 For service
quality
Access to the Portal does not imply any
obligation on Affinitas to control the
absence of viruses, worms or any other
malicious software. User is responsible
in all cases for having available adequate
tools for detecting and disinfecting malicious
software.
Affinitas is not liable for any damage
to the hardware of Users or of third parties
during the provision of the Portal service.
4.3 For service
availability
Access to the Portal requires services
and supplies from third parties, including
transmission through telecommunications
networks, the reliability, quality, continuity
and functioning of which are not the responsibility
of Affinitas. Accordingly, services provided
through the Portal may be suspended, cancelled
or blocked, prior or simultaneous to the
provision of the Portal service.
Affinitas cannot be held liable for loss
or damage of any kind to User as a result
of telecommunications network failures
or disconnections that cause the suspension,
cancellation or interruption of the Portal
service before or while it is being provided.
4.4 For content
and services linked through the Portal
The Portal access service includes technical
linking devices, directories and even
search tools that permit User to access
other websites and Internet portals ('Linked
Sites’). In such cases, Affinitas
acts as a intermediation service provider
in conformity with Article 17 of Information
Society Services and Electronic Commerce
Law 32/2002, of July 12, 2002 (the “LSSI”)
and will only be liable for the content
and services supplied on Linked Sites
to the extent that Affinitas is actually
aware of their unlawfulness and has not
disabled the link with due care. If User
considers that there is a Linked Site
with unlawful or inappropriate content,
User may communicate this to Affinitas
in accordance with the procedure and the
effects established in Clause 6, although
such communication will not, under any
circumstances, entail any obligation to
remove the link in question.
Under no circumstances must the existence
of Linked Sites presuppose the existence
of agreements with the owners or persons
in charge of those Linked Sites, or any
recommendation or promotion by Affinitas
of, or the identification of Affinitas
with, the representations, content or
services provided.
Affinitas is not aware of the content
or services of Linked Sites and, therefore,
cannot be held liable for any damage caused
by the unlawfulness, quality, obsoleteness,
unavailability, error or ineffectuality
of the content and/or services of Linked
Sites, or for any other damage that is
not directly attributable to Affinitas.
5. Personal data
protection
Data collected from the data collection
forms on the Portal will be included in
an automated personal data filing system
controlled by Affinitas. Affinitas will
process the data confidentially and exclusively
for the purpose of managing its relationship
with its clients and promoting its activities.
Affinitas will cancel, delete and/or block
data where the data are inaccurate, incomplete
or no longer necessary or relevant for
their purpose, in conformity with the
provisions of data protection legislation.
By clicking on the 'send' button on the
relevant form, User expressly consents
to his data being used for the sending
of commercial communications by e-mail
or by any other means.
On the data collection forms, the fields
marked with an asterisk are mandatory
and, accordingly, if User does not supply
the relevant data, Affinitas may, at its
sole discretion, refuse to provide the
relevant service.
User may revoke his consent and exercise
his rights of access, rectification, cancellation
and objection by writing for such purpose
to the address indicated in Clause 1 and
specifying in a visible manner the specific
right being exercised.
Affinitas uses the levels of security
required by the Security Measures Regulations
approved by Royal Decree 994/1999, of
June 6, 1999. Notwithstanding the foregoing,
technical security in an environment such
as the Internet is not impregnable and
there may be leaks due to the willful
misconduct of third parties.
Affinitas may use cookies while providing
the Portal service. Cookies are automatic
procedures for collecting information
on the preferences of a user during his
visit to a given website. This information
is recorded on small files that are stored
in the background on the user’s
hardware. Every time the user returns
to the website in question, the cookies
are activated automatically so that the
website is configured with the preferences
detected in previous visits. In short,
cookies are physical personal data filing
systems hosted on the user’s terminal
and unequivocally associated with that
terminal. Cookies created by other providers
cannot be read by the Portal.
User can configure his browser software
so that it blocks cookies or generates
an alert whenever a cookie is created.
The Portal can be accessed without having
to select the browser option to allow
cookies, although failure to allow cookies
may prevent security mechanisms for exclusive
services or for certain services that
require enhanced security from functioning
correctly. As a general rule, the purpose
of Portal cookies is to facilitate the
User’s browsing experience.
The domain name of the server that sends
and activates cookies is DNS PRIMARIO
DNS1.JAZZVISP.COM y DNS PRIMARIO DNS2.JAZZVISP.COM
and the cookies generated are valid for
12 months, after which time they are automatically
deleted.
6. Communication
of unlawful or inappropriate activities
If User or any other Internet user becomes
aware of Linked Sites that redirect him
to websites, the content or services of
which are unlawful, noxious, degrading,
violent or immoral, he may contact Affinitas
indicating the following:
personal data of the communicating party:
name, address, telephone number and e-mail
address;
description of the facts that reveal the
unlawful or inappropriate nature of the
Linked Site;
where rights such as intellectual or industrial
property rights are infringed, the personal
data of the holder of the infringed right,
where the holder is not the communicating
party. He must also produce an instrument
that substantiates the standing of the
holder of the rights and, as the case
may be, his authority to act on behalf
of the holder where the holder is not
the communicating party;
an express representation that the information
contained in the communication is accurate.
Receipt by Affinitas of the communication
provided for in this Clause will not imply,
pursuant to the provisions of the LSSI,
actual knowledge of the activities and/or
content indicated by the communicating
party.
7. Legislation
Each and every provision of this Legal
Notice is governed by Spanish law.