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Legal notice

Last update: April 22, 2021.

 

LAW ON INFORMATION SOCIETY SERVICES (LSSI)

Trawl Motion, responsible for the website, hereinafter referred to as the RESPONSIBLE, makes this document available to users in order to comply with the obligations set forth in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all users of the website about the conditions of use.

Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions herein, as well as any other applicable legal provisions.

Trawl Motion reserves the right to modify any information that may appear on the website, without any obligation to notify or inform users of such obligations, with the publication on the Trawl Motion website being sufficient.

 

1. IDENTIFYING INFORMATION

Corporate name: Trawl Motion, S.L.

Trade name: Trawl Motion

VAT number: B05330592

Address: Urbanización Arcoiris, No. 41, 39100 - Santa Cruz de Bezana, Cantabria

Email: info@trawlmotion.com

Website: www.trawlmotion.com

 

2. PURPOSE

Through the website, we offer users the possibility to access information about our services.

 

3. PRIVACY AND DATA PROCESSING

When it is necessary to provide personal data to access certain content or services, users shall ensure the truthfulness, accuracy, authenticity, and validity of the data. The company will process such data automatically in accordance with their nature or purpose, as indicated in the Privacy Policy section.

 

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the content displayed on the website, especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights and all industrial and intellectual property rights over the content and/or any other elements inserted on the website, which are the exclusive property of the company and/or third parties who have the exclusive right to use them in economic transactions. Therefore, the User undertakes not to reproduce, copy, distribute, make available or communicate publicly, transform, or modify such content, while indemnifying the company from any claim arising from the non-compliance with such obligations. In no case does access to the website imply any kind of waiver, transfer, license, or total or partial assignment of those rights, unless expressly stated otherwise. These General Conditions of Use of the website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution, or public communication of the website and/or its content other than those expressly provided herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for that purpose by the company or the third-party owner of the affected rights.

The content, texts, photographs, designs, logos, images, computer programs, source code, and, in general, any intellectual creation existing on this website, as well as the website itself as a multimedia artistic work, are protected as copyrights by intellectual property legislation. The company is the owner of the elements that make up the graphic design of the website, including menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the website or, in any case, has the corresponding authorization for the use of such elements. The content provided on the website may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the aforementioned entity.

Likewise, it is prohibited to delete, bypass, or manipulate the copyright or any technical protection devices or any information mechanisms that may contain the content. The User of this website undertakes to respect the aforementioned rights and to refrain from any action that could harm them, reserving the company the exercise of any means or legal actions that correspond to it for the defense of its legitimate intellectual and industrial property rights.

 

5. USER OBLIGATIONS AND RESPONSIBILITIES FOR THE WEBSITE

The User agrees to:

  1. Make appropriate and lawful use of the website, its content, and services in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the website; (iii) generally accepted moral and ethical standards; and (iv) public order.
  2. Provide themselves with all the technical requirements necessary to access the website.
  3. Provide truthful information when filling out personal data forms on the website and to keep them updated at all times so that they correspond, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to the company or third parties due to the information provided.

Notwithstanding the foregoing, the User must also refrain from:

  1. Unauthorized or fraudulent use of the website and/or its content for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate, or prevent the normal use of the services or the documents, files, and all kinds of content stored on any computer equipment.
  2. Accessing or attempting to access restricted areas of the website without meeting the required conditions.
  3. Causing damage to the physical or logical systems of the website, its suppliers, or third parties.
  4. Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its suppliers, or third parties.
  5. Attempting to access, use, or manipulate the company's data, third-party providers, or other users.
  6. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the content, unless authorized by the rights holder or legally permitted.
  7. Deleting, hiding, or manipulating copyright notices or any other data identifying the rights of the company or third parties incorporated into the content, as well as any technical protection devices or any information mechanisms that may be inserted into the content.
  8. Obtaining and attempting to obtain the content using means or procedures other than those that have been made available for this purpose or have been expressly indicated on the web pages where the content is located or, in general, those commonly used on the Internet as they do not pose a risk of damage or disablement of the website and/or its content.
  9. In particular, and in an indicative but non-exhaustive manner, the User undertakes not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that.
  • In any way that is contrary to, belittles, or violates fundamental rights and public freedoms constitutionally recognized, in International Treaties, and in other applicable legislation.
  • Induces, incites, or promotes criminal, denigrating, defamatory, violent, or generally illegal actions, morals, good customs, or public order. Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.
  • Includes, makes available, or allows access to criminal, violent, offensive, harmful, degrading, or generally illegal products, elements, messages, and/or services, contrary to the law, morals, and good customs generally accepted or public order.
  • Induces or may induce an unacceptable state of anxiety or fear.
  • Induces or incites involvement in dangerous, risky, or harmful practices for health and mental balance.
  • Is protected by intellectual or industrial property legislation belonging to the company or third parties without the authorized use intended.
  • Is contrary to honor, personal and family privacy, or the image of individuals.
  • Constitutes any form of advertising. Includes any type of virus or program that disrupts the normal functioning of the website.

If a password is provided to access some of the services and/or content of the Website, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, committing not to disclose it to third parties, either temporarily or permanently, nor to allow access to said services and/or content by unauthorized individuals. Similarly, you are obligated to notify the company of any fact that may constitute misuse of your password, such as theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Therefore, until you make the aforementioned notification, the company will be exempt from any liability that may arise from the misuse of your password, and you will be responsible for any illicit use of the content and/or services of the Website by any unauthorized third party. If you negligently or intentionally breach any of the obligations established in these General Terms of Use, you will be liable for any damages and losses that may arise from such breach for the company.

 

6. RESPONSABILITIES

There is no guarantee of continuous access or the correct display, downloading, or usefulness of the elements and information contained on the website, which may be impeded, hindered, or interrupted by factors or circumstances beyond its control. The company is not responsible for the decisions that may be made as a result of accessing the provided content or information.

The service may be interrupted, or the relationship with the User may be immediately terminated if it is detected that the use of the Website or any of the services offered on it is contrary to these General Terms of Use. We are not responsible for damages, losses, claims, or expenses arising from the use of the Website.

We are only responsible for removing, as soon as possible, the contents that may generate such damages, provided that they are duly notified. In particular, we shall not be liable for damages that may arise from:

  1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blocks, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in telecommunications lines and networks, or by any other cause beyond the control of the company.
  2. Illegitimate intrusions through the use of malicious programs of any kind and via any means of communication, such as computer viruses or any others.
  3. Improper or inadequate use of the Website.
  4. Security or navigation errors caused by a malfunction of the browser or the use of outdated versions thereof. The administrator of the Website reserves the right to partially or completely remove any content or information present on the Website.

 

The company excludes any liability for damages of any kind that may arise from the misuse of the freely available services by users of the Website. Likewise, it is exempt from any responsibility for the content and information that may be received as a result of data collection forms, which are solely for the provision of consultation and inquiry services. Furthermore, in the event of causing damages and losses due to illicit or incorrect use of said services, the user may be held liable for the damages or losses caused.

You will hold the company harmless from any damages and losses that may arise from claims, actions, or demands from third parties as a result of your access or use of the Website. Furthermore, you agree to indemnify against any damages and losses resulting from your use of "robots," "spiders," "crawlers," or similar tools used to gather or extract data or any other actions that unreasonably burden the functioning of the Website.

 

7. HYPERLINKS

The User agrees not to reproduce, in any way, even through a hyperlink or hyperlink, the Website, as well as any of its contents, unless expressly authorized in writing by the data controller.

The Website may include links to other websites managed by third parties in order to facilitate User's access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it assume the role of guarantor or offering party of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website solely for private and non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship or claim that such a link has been authorized, nor include trademarks, names, trade names, logos, or other distinctive signs of our company; (ii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence, or discriminating based on sex, race, or religion, contrary to public order, or illegal; (iii) may not link to any page of the Website other than the main page; (iv) must link to the Website's own address, without allowing the linking Website to reproduce the Website as part of its own website or within one of its frames, or create a browser over any of the pages of the Website. The company may request, at any time, the removal of any link to the Website, after which the user must promptly proceed with its removal.

The company cannot control the information, content, products, or services provided by other websites that have links to the Website.

 

8. DATA PROTECTION

In order to use some of the Services, the User must provide certain personal data. The company will process this data automatically and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.

 

9. COOKIES

The company reserves the right to use "cookie" technology on the Website to recognize the user as a frequent user and personalize their use of the Website by preselecting their language or preferred and specific content.

Cookies collect the user's IP address, with Google being responsible for processing this information.

Cookies are files sent to a browser through a web server to record the user's browsing on the Website when the user allows their reception. If you wish, you can configure your browser to display a warning on the screen about the reception of cookies and to prevent the installation of cookies on your hard drive. Please refer to your browser's instructions and manuals for further information.

Thanks to cookies, it is possible to recognize the browser of the computer used by the user in order to facilitate content and offer browsing or advertising preferences to the user, demographic profiles of users, as well as to measure visits and traffic parameters, monitor progress, and the number of entries.

 

10. STATEMENTS AND WARRANTIES

In general, the content and services offered on the Website are provided for informational purposes only. Therefore, by offering them, no warranty or representation is made regarding the content and services offered on the Website, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, unless such warranties and representations cannot be excluded by law.

 

11. FORCE MAJEURE

The company shall not be liable in any event of impossibility to provide service if it is due to prolonged interruptions of the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and, in general, all cases of force majeure or fortuitous events.

 

12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

These General Terms of Use, as well as the use of the Website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of Santander.

In the event that any provision of these General Terms of Use becomes unenforceable or void under applicable law or as a result of a judicial or administrative resolution, such unenforceability or invalidity shall not render these General Terms of Use unenforceable or invalid as a whole. In such cases, the company shall proceed to modify or replace said provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original provision.

 

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