1. IDENTIFICATION DATA
In compliance with article 10 of the Spanish Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, below are the company’s identification data.
Mimic Seafood, S.L.
C/ Amapola, 3 28760 -Tres Cantos Madrid, Spain
(+34) 918 032 737
REGISTRATION DATA IN SPAIN’S TRADE REGISTRY
Registered in Registro Mercantil de Madrid, Vol. 16.655, Book 0, Sheet 187, S Page: 1 1
2. SUBJECT AND SCOPE
2.1. These are the general terms and conditions (hereinafter, “the Terms and Conditions”) governing the access, navigation and use of the websites under the domain http://mimicseafood.com/, as well as the responsibilities arising from the use of its content (hereinafter, “the Content”, it being text, graphics, drawings, plans, code, software, photographs, music, video, sounds, databases, images, expressions and information, as well as any other creativity that is protected by the Spanish law and international agreements treaties on intellectual and industrial property). Notwithstanding these Terms and Conditions, the Company reserves the right to define particular terms and conditions governing the use and/or contracting of specific services offered to the users via the Website.
2.2. It is understood that access to or mere use of the website by the user implies the user’s acceptance of the Terms and Conditions that the Company has published at any given time when the user accesses the Website. Consequently, the user is advised to read these Terms and Conditions carefully. In this respect, the “User” is any person who accessed, navigates, uses or takes part in different activities, either free or chargeable, developed in the Website.
2.4. Before using and/or contracting such specific services provided by the Company, the User must carefully read the corresponding particulars terms and conditions created to such effect by the Company. By using and/or contracting specific services, the User implicitly accepts the particular terms and conditions attached to them in the version published by the Company at the time of such use and/or contracting.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. As the author of collective works, or any other works or services of any nature, the company owns the copyright and industrial rights of the Website, as well as being the owner of the licensee of the intellectual, industrial and image rights over the available contents.
3.2. At no time shall it be understood that access and navigation by the User implies a waiver, transmission, licensing or total/partial transfer of these rights on behalf of the Company.
3.3. Therefore, it is prohibited to delete, remove or alter the copyright notice and any other copyright identification content or its proprietary content, as well as the technical protection devices, digital fingerprints or any information or identification mechanisms that the content may contain.
3.4. Likewise, modifying, copying, reusing, exploiting, reproducing, publicly communicating, making second or subsequent publications, loading files, transmitting, using, processing or distributing in any way all or part of the contents included on the Website for public or commercial purposes is forbidden without the express, written authorization of the Company or, where applicable, the holder(s) of the corresponding rights.
3.5. In particular, the Company explicitly opposes to the reproduction of its pages being considered as a quote as per the terms of article 32, 1st paragraph second of the Spanish law on intellectual property.
4. WEBSITE USAGE
4.1. The contents of the website shall solely be provided to end consumers or Users. Any unauthorized commercial use of same or its resale, is prohibited unless previously authorized in writing by the Company.
4.2. Access, navigation and use of the Website is the sole responsibility of the User, who therefore agrees to diligently and faithfully abide by any additional instruction received from the Company or their authorized personnel with respect to the use of the Website and its contents. We further call on the user to report to the Company in case of any unlawful or otherwise infringing third-party rights conduct they may be aware of, either through the Website tools or by filling the contact form.
4.3. The User is bound to use the Contents diligently, correctly and licitly, and, in particular, he commits to abstain from:
- Using the Contents in such a way, and with ends or effects contrary to the law, morale, and generally accepted proper consuetude or to law and order;
• Reproducing or copying, distributing, allowing access to the public through any public communication modality, transforming or modifying the Contents, unless there is an authorization of the titleholder of the corresponding rights or that such is legally allowed;
• Using the Content and, in particular, the information of any kind obtained via the page or from the services to send publicity, communication for direct sales purposes or for any other commercial purpose, unsolicited messages directed at a group of persons, independently of the objective, also refraining from commercializing or divulging the said information in any manner or form.
It is strictly prohibited for the User to introduce any kind of virus into the web domain or to try to access the information contained therein, modify it, access e-mail accounts, messages, and such.
The Company shall not be held liable for any breaches by Users that may affect the rights of another Website User or third party, including breaches of copyright, trademark, patents, confidential information, and / or of any other intellectual or industrial property right. The Company will exercise any civil or penal action within the law,in case of any inappropriate use of its web domain. Disagreements that may arise with regard to this Website shall be solely governed by the Spanish law, and the parties hereby submit to the competent Courts and Tribunals of Madrid, Spain.
6. RESPONSIBILITIES AND WARRANTIES
6.1. The Company does not guarantee the legality, reliability, utility, truthfulness, or exactness of the services and information disclosed through the Website.
6.2. Consequently, the Company does not guarantee neither will be held responsible for: the operation of the Website; the continuity of the Website Contents; the absence of errors in the said content nor the correction of any defect that may arise; the absence of virus and/or other damaging components at the Website or at the server supplier; the invulnerability of the Website and/or the impregnability of the security measures adopted therein; the lack of usage or efficiency of the Website contents; damages caused, to itself or a third party, any person infringing the conditions, rules or instructions established by the Company as to the Website, or through the manipulation of the security systems of the Website.
6.3. Notwithstanding, the Company declares it has adopted all necessary measures within its possibilities and available in technology to guarantee the functioning of the Website and to avoid the existence and transmission of viruses and other components damaging to the Consumer.
Links to other websites
7.1. On the Website, the User may find links to other web pages via different buttons, links, banners, etc., that are managed by third parties. The Company assumes no liability regarding any aspects of the linked web pages.
Links to the Website in other websites
7.2. Should any third party, entity or website establish any kind of link pointing to the Website, they are entitled to do so only upon meeting the following terms and requirements:
• The link must point to the home page of the Website.
• The link must be in full, complete form, e.g. it must take the User, through one single click, to the Company’s own URL http://mimicseafood.com/ and it must encompass the whole size of the Website screen. Under no circumstances, save with prior written consent from the Company, will the website providing the link reproduce the Website in any way whatsoever, or include it as part of their own website or within one of their frames, nor create a “browser” over any of the Website pages. The page providing the link will make no claim as to the Company authorizing such link, unless they have been granted express written consent to do so by the Company. Should the entity linking their web page to the Website want to include in their page the brand, commercial name, label, logo, motto or any other identifying asset from the Company or the Website, they will only do so with prior written consent from the Company.
• The Company explicitly unauthorizes linking to the Website from web pages that promote hatred or contempt for reason of birthplace, race, gender, religion, nationality, opinion or any other personal or social circumstance, or that generally contravene morals, public order or generally accepted social standards.
7.3. The Company assumes no liability for any aspect related to the web page establishing the link to the Website—in particular, and not limited to, about its operation, access, data, information, files, quality and reliability or their products and services, their own links and any other content in general.
Third-party services provided through the Website
7.4. The Company does not guarantee the legality, reliability and usefulness of services provided by third parties through the Website, or where the Company acts solely as an advertising partner or provider of an intermediation service.
7.5. The Company will not be held responsible for damages of any type caused by the services provided by third parties through this page, particularly, and not limited to, those caused by:
- Failure to comply with the law, morality or public order;
• Introduction of viruses or any other computer code, files or programs that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunications equipment;
• Infringing intellectual and industrial property rights, company secrets, contract commitments of any nature;
• Execution of acts that constitute illicit, disloyal or deceitful publicity and, in general, that constitute unfair competition;
• Lack of truthfulness, accuracy, quality, relevance and/or timeliness of the content transmitted, distributed, stored, received, obtained, or made available or accessible;
• Breaches of the right of honor, personal and family privacy and image and, in general, any third-party rights;
• Inadequacy for any kind of purpose and expectations, or errors and defects that may arise in relation to third parties;
• Failure, delay in compliance, defective performance or termination for any reason of the obligations assumed by third parties and contracts signed with third parties.
8. DURATION AND AMENDMENT
8.1. The Company reserves the right to modify the terms and conditions set forth, in whole or in part, by releasing such modifications in the same format as these Terms and Conditions, or by means of any suitable communication addressed to the User.
8.2. The temporary duration of these Terms and Conditions coincides therefore with the period of time exhibited, until such time as they are modified in whole or in part and, at such time, the modified general conditions will become effective.
8.3. Notwithstanding the provisions of the particular conditions, the Company can deem access to the contents of website finished, suspended or interrupted at any time without the need for advance notice and without the User having any right to demand indemnification. After said extinction, the prohibitions on use of the Contents previously set forth in these Terms and Conditions shall remain in force.
9. GENERAL ASPECTS
9.1. The headings of the different clauses only have an informative nature and do not affect, qualify or modify the interpretation of these Terms and Conditions.
9.2. In case of discrepancies between these Terms and Conditions and the conditions specified in each particular service, the latter will prevail.
9.3. Should any provision or series of provisions of these Terms and Conditions be considered null or inapplicable, in full or in part, by any competent Court or administrative body, said nullity or inapplicability shall not affect remaining Terms and Conditions, neither the particular conditions for the various services offered by the Company.
9.4. Non-exercise or non-enforcement, by the Company of any right or provision contained in these Terms and Conditions shall not constitute waiver of the same in the absence of written recognition and agreement by the same.
10.1. The relations established between the Company and the User shall be governed by the arrangements in current standards regarding applicable law and jurisdictional competency. However, in cases where legislation foresees the possibility of both parties submitting to a Court, both the Company and the Consumer renounce the right to any other Courts that may apply, and submit to the Courts and Tribunals of the city of Madrid, Spain.