Legal notice
The purpose of this Legal Notice is to regulate the principles of access and the General Conditions of Use of the Website www.sapa.es (hereinafter, the “General Conditions of Use”).
1. General information of the website owner.
1.1. In compliance with the duty of information set forth in Article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (“LSSI”), the following circumstances are stated:
1.2. The company that owns www.sapa.es (the “Website”) is “SAPA PLACENCIA, S.L.” (“SAPA” or the “Website Owner” interchangeably), with its registered office in Andoain (Guipúzcoa), Polígono Bazkardo, Carretera Nacional 1, s/n, with NIF B-81363657. The contact telephone number is 943304204, and the email address is: lopd@sapa.es
2. Access and conditions of use of the website.
2.1. The use of the Website is free and open, notwithstanding the cost of connection through the relevant telecommunications network that the User has to access, and provided that the User complies with the terms of this Legal Notice, the current legislation, good customs, and the behaviors usually accepted in the Internet domain. By accessing and using the Website, the User expressly declares that they have read, understand, and accept without reservation this Legal Notice, as well as the Privacy Policy in force at any time. Should the User not accept the terms and conditions of use described below, they should refrain from using the Website.
2.2. Visiting the Website does not necessarily imply that the User must register or provide personal data. However, if the User provides personal data in any case, they will be informed in advance of the conditions of treatment in accordance with the provisions of the Website’s Privacy Policy.
2.3. If the User is provided with a password, the User will be solely responsible for its custody and proper use, committing to make diligent and confidential use of it and not to transfer its use to third parties. It will be the User’s responsibility for the unlawful use of the services provided on the Website by any illegitimate third party who uses the password for such purposes due to negligent use or loss of it by the User.
2.4. The Website provides the User access to a multitude of information, services, or data (hereinafter, the “Content”) on the Internet belonging to SAPA or its licensors. The User agrees to make appropriate use of the Content and other services that SAPA offers through the Website.
2.5. The use of the Website for purposes harmful to the property or interests of SAPA or third parties, or in any other way that overloads, damages, or disables networks, servers, and other computer hardware (hardware) or products and software applications (software) of SAPA or third parties, is expressly prohibited. Likewise, SAPA reserves the right to temporarily or permanently interrupt any of the services provided through the Website without prior notice, as well as to terminate the relationship with the User if any abnormal use is detected.
2.6. The User agrees to make appropriate use of the Content that SAPA offers through the Website. By way of example and without limitation, the following behaviors are considered inappropriate and therefore prohibited uses of the Website:
(i) Reproducir o copiar, distribuir, permitir el acceso del público a través de cualquier modalidad de comunicación pública, transformar o modificar los Contenidos a menos que se cuente con la autorización del titular de los correspondientes derechos, o ello resulte legalmente permitido.
(ii) Any action or use of the Content that may constitute an illicit, illegal activity or contrary to good faith and public order.
(iii) The dissemination of content or propaganda of a racist, xenophobic, pornographic, illegal nature, in advocacy of terrorism or against human rights.
Damages to the physical and logical systems of SAPA, its suppliers, or third parties, such as the dissemination of computer viruses or any other physical or logical systems that are likely to cause the aforementioned damages, as well as any other harm to the functionality of the service.
(ii) Attempting to access and, if applicable, use other users’ email accounts and modify or manipulate their messages.
(iii) Using the Content and, in particular, any information of any kind obtained through the Website to send advertising, communications for direct sales purposes, or for any other commercial purpose, unsolicited messages addressed to a plurality of persons regardless of their purpose, as well as disseminating such information in any way.
3. Intellectual and industrial property rights.
3.1. SAPA is the owner or holds the corresponding license over the exploitation rights of intellectual and industrial property of the Website, as well as the intellectual, industrial, and image rights over the content available through it (including but not limited to images, sound, audio, video, software, or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access, and use, etc.), enjoying the protection provided in the applicable regulations on industrial and intellectual property. The design, images, maps, graphics, brands, signs, distinctive signs or logos of SAPA, frames, banners, software, and its various codes, source and object, of this Website are the property of SAPA, which holds the legitimate and exclusive rights of exploitation over them.
3.2. In no case shall it be understood that access and navigation of the User imply a waiver, transmission, license, or total or partial transfer of such rights by the Website Owner. Users may make private use of the Website and the Service, although, in no case may they make commercial use of it, nor alter its elements, reproduce them beyond their private use, distribute them or communicate them publicly.
3.3. In this regard, it is not permitted to remove, circumvent or manipulate the copyright notice “copyright” and any other data identifying the rights of the Website Owner, as well as the technical protection devices, digital fingerprints, or any information and/or identification mechanisms that may be included in the Website.
3.4. The User accessing the Website may not copy, modify, distribute, transmit, reproduce, publish, transfer, or sell the aforementioned elements or create new products or services derived from the information obtained without the express and written authorization of SAPA or, if applicable, the holder of the rights to which it corresponds. Only the viewing and loading for personal and non-commercial use by the User are authorized, without this being extended to third parties or entities.
4. Disclaimer.
4.1. Disclaimer for inaccuracy or falsehood of the data provided by the User. SAPA shall not, in any case, be responsible for the inaccuracy, falsehood, or lack of veracity of the personal data and information provided by Users for their registration on the Website.
4.2. Disclaimer for improper use of the Website. SAPA shall not, in any case, be responsible for damages of any kind arising directly or indirectly from the lack of reading of this Legal Notice or the breach of the obligations established therein.
4.3 Disclaimer for the operation of the Website. SAPA does not guarantee the complete updating, accuracy, and/or availability at all times of the Website or the services provided through it. However, it declares that it has taken all necessary measures, within its possibilities and the current state of technology, to ensure the continuous operation of the Website and avoid the existence and transmission of viruses and other harmful components.
The services provided through the Website could be interrupted for various reasons. In this case, SAPA is not responsible, in any case, for the damages that the interruption, suspension, or unavailability may cause to the User or their equipment.
The User accepts that the use of the Website will be at their sole risk and that SAPA is not responsible for the damages that may be caused by the lack of availability or continuity of the same, access failures, breach of its security systems, suitability for a particular purpose, or fulfillment of the User’s expectations or needs.
4.3 Disclaimer for content hosted on web pages accessible from the Website. SAPA does not guarantee the accuracy, quality, reliability, or morality of the data, programs, information, or opinions, whatever their origin, that circulate through its network or the networks that the User can access through the Website and that are beyond its will and/or control.
In the event that the Website contains links to other portals not managed by SAPA, it declares that it exercises no control over such portals or websites, nor is it responsible for their content or privacy policies, with the User assuming sole responsibility for navigating through them. No link to the Website from any other website may be established without the prior and express consent of SAPA.
5. Modification of the general conditions of use.
5.1. The present General Conditions of Use may be modified at any time by SAPA by making an updated version of the current Conditions available to the User on the Website. The use of the Website by the User will imply acceptance of the General Conditions of Use, the Legal Notice, and the Privacy Policy and Cookies Policy of the Website in force at any time.
5.2. Users acknowledge that SAPA may, at any time, modify these Conditions or introduce new conditions of use by simply posting them on the Website, and even cancel the service, giving prior notice on the Website whenever possible. It is the User’s responsibility to periodically check the General Conditions of Use, the Legal Notice, and the Privacy Policy and Cookies Policy of the Website to stay informed about possible changes.
6. Applicable law and jurisdiction.
6.1. This Website’s Legal Notice and, specifically, the Privacy Policy have been drafted in accordance with the applicable legislation on the matter, especially the data protection regulations and the LSSI, and may be reviewed and modified at any time to adapt to any modification of the current legislation.
6.2. The use of the Website, including access by Users and browsing through it, is free of charge and implies compliance with the Privacy Policy and the Legal Notice of this Website, as well as with the applicable Spanish legislation on the matter.
6.3. Any dispute or conflict that may arise as a result of the use of the Service will be resolved in accordance with the current legislation in Spain, submitting to the jurisdiction and competence of the Courts and Tribunals of San Sebastián, expressly waiving any other jurisdiction or venue that may correspond by law.
6.4. SAPA will pursue the violation of these conditions, as well as any improper use of the Website, exercising all civil and criminal actions that may correspond by law.
7. Procedure for reporting infringement of rights.
7.1. Without prejudice to the obligation assumed by Users to comply with the applicable regulations on intellectual and/or industrial property rights, as well as any other regulations, SAPA intends to establish the necessary mechanisms to safeguard the rights of third parties.
7.2. In accordance with the above, in the event that any of the Users considers that the Content violates their intellectual and/or industrial property rights, or any other regulations, or becomes aware that the links included on the Website refer to pages whose content or services are illegal, harmful, defamatory, violent, or contrary to morality, or if they believe that any of the content provided or statements made by other users are inappropriate or violate any regulations, they may contact SAPA indicating the following points:
- User’s statement informing that a certain content, statement, or material (image, audio, video, etc.) incorporated into the Website infringes their intellectual and/or industrial property rights, or any other regulations.
- Description and location of the content in question.
- Explanation of the procedure or cause of the violation of intellectual and/or industrial property rights, or any other regulations.
- Identification of the object protected by intellectual and/or industrial property rights, or any other regulations.
- Contact information necessary for SAPA and/or the allegedly infringing User to send the corresponding response. The notification should be sent to the following address: lopd@sapa.es. The receipt by SAPA of the communication provided for in this clause will not imply, as provided in the LSSI, effective knowledge of the illicit nature of the activities and/or content indicated by the communicator, which must be assessed by the competent judicial bodies.