1.- Legal information and acceptance
These provisions regulate the use of the Internet portal service (hereinafter, the 'Portal') Maarten & De Kooning (M&DK), Calle Ayala 11, 28001 Madrid, Spain and CIF B88237037, email: contact@maartenkooning.com , makes available to Internet users.
Access to the website is free of charge except in relation to the cost of the connection through the telecommunications network supplied by the service provider contracted by the users. Legal or tax services provided by M&DK generally have the price indicated in the corresponding proposal for professional services which in no case are provided through the service of the Portal.
The use of the website attributes the condition of user of the Portal (hereinafter "User") and implies the acceptance of all the conditions included in this Legal notice. The provision of the Portal service is limited to the moment in which the user is connected to the Portal or to any of the services provided through it. Therefore, the user should carefully read this Legal notice on each of the occasions in which he/she intends to use the Portal, since this and the conditions of use contained in this Legal
2.- Intellectual and Industrial property
All the contents of the Portal, understanding with no limitation, texts, photography, graphics, images, icons, technology, software, links and other audiovisual or sound, content as well as its graphic design and source codes (in later, the 'contents'), are of the intellectual property of M&DK or third parties, and in any case it can be understood or interpreted as transferred to the user none of the exploitation rights recognized by the current legislation on intellectual property thereon, except those that are strictly necessary for the use of the Portal.
Brands, trade names or distinctive signs are owned by M&DK or third parties, and in no case it can be understood or interpreted that the access to the Portal attributes any right to said trademarks, commercial names and/or distinctive signs.
3.- Conditions of use of the portal
General
The user is obliged to make proper use of the website in accordance with the law and this Legal notice. The user will answer to M&DK or third parties for any damages that may be caused as a result of breach of this obligation.
The use of the Portal for harmful purposes of goods or interests of M&DK or third parties, or in any other way overload, damage or disable networks, servers and other computer equipment (hardware) or products and applications computer (software) M&DK or third parties, is expressly prohibited.
Contents
The user undertakes to use the contents in accordance with the law and this Legal notice, as well as other conditions, regulations and instructions that could be applied in accordance with the provisions of clause 1. With merely enunciative character the user in accordance with the legislation in force must abstain from:
- Reproduce, copy, distribute, make available, public communication, transforming or modifying the contents except in cases authorized by law or expressly consented to by M&DK or who holds the ownership of the rights of exploitation in its case.
- Reproducing or copying for private use of the contents that may be considered as Software or database in accordance with the legislation in force in the field of intellectual property, as well as its communication public or making available to third parties when these acts necessarily imply reproduction by the user or a third party.
- Extracting and/or reusing the whole or a substantial part of the contents of members of the Portal as well as databases that M&DK put at the disposal of the users.
Data collection forms
Without prejudice to the provisions of section 5 of this Legal notice, as well as the privacy policy accessible from the Portal and which might be applicable at all times, the use of certain services or applications addressed to M&DK are subject to the prior completion of the corresponding user record.
All information provided by users through the forms on the Portal for the above purposes or any other must be truthful. For this purpose, the user guarantees the authenticity of all data communicated and will keep the information provided to M&DK perfectly updated so that it responds at all times to the actual situation of the user. In any case the user will be solely responsible for false or inexact manifestations that do and the damage caused to M&DK or third parties for the information provided.
Introduction of links to the portal
The Internet user who wishes to insert links from its own websites to the site must comply with the conditions listed below which does not imply the ignorance of them and avoid the responsibilities under the law:
- The link will only link to the home page or main page of the Portal, but may not reproduce it in any way (online links, copy of the text, graphics, etc).
- It is prohibited, according to the legislation applicable and in force at any time, to establish frames or frames of any kind that wrap the portal or allow the visualization of the content through different Internet addresses to the one of the Portal and, in any case, when they are displayed together with content outside the Portal in a way that: (I) produce or may produce error, confusion or scam in the users about the true origin of the service or content; (II) represents an act of comparison or unfair imitation; (III) serves to take advantage of the reputation of the brand and prestige of M&DK; or (IV) otherwise it is prohibited by law.
- No false, inaccurate or incorrect information about M&DK, its partners, employees, customers or the quality of the services it provides will be made from the page that introduces the link.
- In any case, it must be expressed in the page where the link is located that M&DK has given its consent to the inclusion of the link or otherwise sponsors, collaborates, verifies or supervises services of the sender.
- The use of any text, graphics, or mixed brand or any other distinctive sign of M&DK within the page of the sender is prohibited except in cases permitted by law or expressly authorized by M&DK and as long as, in these cases a direct link with the Portal is allowed in the way established in this clause.
- The page that the link must faithfully comply with the law and may not in any case have or link with their own content or third parties to: (I) is unlawful, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induces or may induce user into the false belief that M&DK subscribes to, endorses, adheres, or in any way supports, ideas, statements or expressions, lawful or unlawful, of the sender; (III) to be inappropriate or non-relevant activities of M&DK in attention to the site, content and theme of the website of the sender.
4.- Exclusion of liability
Of the information
Access to the Portal does not imply the obligation by M&DK to check the veracity, accuracy, adequacy, suitability, completeness and topicality of the information provided through it. The contents of this website are of a general nature and do not constitute, in any way, the provision of a service of legal or tax advice of any kind, so this information is insufficient to make personal or business decisions by part of the user. M&DK is not responsible for the decisions taken from the information provided in the Portal or damages caused to the user or third parties on the occasion of performances that have as the only basis the information obtained in the website.
The quality of the service
Access to the Portal does not imply the obligation by M&DK to control the absence of viruses, worms or any other harmful computer element. It corresponds to the user, in any case, the availability of appropriate tools for the detection and disinfection of harmful computer programs. M&DK is not responsible for damage caused in the computers of the users or third parties during the provision of the Portal service.
Availability of the service
The access to the Portal requires services and supplies from third parties, including transmission through telecommunications networks whose reliability, quality, continuity and functioning does not correspond to M&DK. Accordingly, the services provided through the Portal may be suspended, cancelled or be inaccessible, prior or simultaneous to the provision of the Portal service.
M&DK is not responsible for any damages of any kind caused to the user that result from faults or disconnections in telecommunications networks that produce the suspension, cancellation or interruption of the Portal service during the provide the same or prior.
Contents and services linked through the portal
The Portal Access service includes technical linking devices, directories and even search tools that allow the user to access other websites and Internet portals (hereinafter “linked sites”). In these cases, M&DK acts as a service provider of intermediation in accordance with article 17 of the law 34/2002, 12 July, of Services of Information and Electronic Commerce Society (“LSSI”) and will only be responsible for the contents and services provided on the linked sites, to the extent that it has effective knowledge of wrongfulness and not deactivated the link with due diligence. In the event that the user considers that there is a linked site with illegal or inappropriate content, he/she can communicate this to M&DK according to the procedure and for the purposes set out in clause 6, unless in any case this communication, entailing the obligation to remove the link.
In any case, the existence of linked sites presuppose the existence of agreements with the managers or owners, or recommendation, promotion or identification of M&DK with demonstrations, contents or services provided.
M&DK does not know the contents and services of the linked sites and therefore is not responsible for damage resulting from the unlawfulness, quality, obsoleteness, unavailability, error or uselessness of the contents and/or services of the linked sites nor for any other damage that is not directly attributable to M&DK.
6.- Data Privacy
For more information about the processing of your personal data on the site refer to the privacy notice.
7.- Communication of illicit and inappropriate activities
In the event the user or any other Internet user becomes aware that linked sites refer to pages whose content or services are unlawful, noxious, degrading, violent or immoral it may please contact M&DK. Receipt from M&DK of communication provided for in this section does not imply, pursuant to the LSSI, actual knowledge of the activities and/or contents indicated by the caller.
8.- Applicable Law
This Legal notice is governed in each and every one of its ends by Spanish law.
