Legal Notice

LAW OF INFORMATION SOCIETY SERVICES (LSSI)

Fiaka Ambient S.L.responsible for the website, hereinafter RESPONSIBLE, makes available to users this document, which aims to comply with the obligations under Law 34/2002, of July 11, Services Information Society and Electronic Commerce (LSSICE), as well as inform all users of the website regarding what are 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 legal provision that may be applicable. 

Fiaka Ambient S.L.. reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or inform users of such obligations, being understood as sufficient with the publication on the website of  FiakaAmbient S.L..

1. IDENTIFICATION DATA

Corporate name: Fiaka Ambient S.L.
Trade name: Fiaka Ambient S.L.
Address: Pol. Ind. 2 de octubre, Garrido Atienza, 24, 18320, Santa Fe, Granada (Spain)
e-mail: info@fiaka.es

2. OBJECT

Through the Web Site, 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 contents or services, Users shall guarantee their truthfulness, accuracy, authenticity and validity. The company will give such data the corresponding automated treatment according to its nature or purpose, in the terms indicated in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and agrees that all content displayed on the Web Site and in particular, designs, text, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights on the contents and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the course of trade. Therefore, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding the company harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Web Site imply any kind of waiver, transmission, license or total or partial transfer of such rights, unless expressly stated otherwise. The present General Conditions of Use of the Web Site do not grant Users any other right of use, HR, alteration, exploitation, reproduction, distribution or public communication of the Web Site and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by the company or the third party owner of the rights affected.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, 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 Web Site, menus, navigation buttons, HTML code, text, images, textures, graphics and any other content of the Web Site or, in any case has the corresponding authorization for the use of such elements. The content provided on the Web Site may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written permission of the Entity.

It is also forbidden to delete, evade and/or manipulate the «copyright» as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Web Site undertakes to respect the aforementioned rights and to avoid any action that could damage them, reserving in any case the company the exercise of any legal means or actions that may correspond to it in defense of its legitimate rights of intellectual and industrial property.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEB SITE

The User agrees to:

      1. To make an appropriate and lawful use of the Web Site as well as of the contents and services, in accordance with : (i) the legislation applicable at any given time; (ii) the General Conditions of Use of the Web Site; (iii) generally accepted morals and good customs, and (iv) public order.
      2. Provide all the means and technical requirements needed to access the Web Site.
      3. To provide truthful information when filling in the forms contained in the Web Site with their personal data and to keep them updated at all times so that they respond, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and the damages caused to the company or third parties for the information provided.

    Notwithstanding the provisions of the preceding paragraph, the User shall also refrain from:

        1. Make unauthorized or fraudulent use of the Web Site and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all kinds of contents stored in any computer equipment.
        2. Access or attempt to access resources or restricted areas of the Web Site, without complying with the conditions required for such access.
        3. Cause damage to the physical or logical systems of the Webspace, its suppliers or third parties.
        4. Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers or third parties.
        5. Attempt to access, use and/or manipulate the data of the company, third party providers and other Users.
        6. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.
        7. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.
        8. Obtain and attempt to obtain the contents using means or procedures other than those that, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those that are commonly used on the Internet because they do not entail a risk of damage or disablement of the Webspace and/or the contents.
        9. In particular, and merely as an indication and not exhaustive, 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 which: – In any way is contrary to, disparages or infringes fundamental rights and public liberties recognized constitutionally, in International Treaties and in the rest of the legislation in force.- Induces, incites or promotes criminal, denigratory, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order.- Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition – Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear – Induces or incites to engage in dangerous practices, risky or harmful to health and psychological balance – Is protected by the legislation on intellectual or industrial protection belonging to the company or third parties without having been authorized for the intended use.- Is contrary to the honor, to the personal and family privacy or to the own image of the persons; – Constitutes any type of publicity; – Includes any type of virus or program that prevents the normal operation of the Web Site; – Includes any type of virus or program that prevents the normal operation of the Web Site.

      If you are provided with a password to access any of the services and/or contents of the Web Site, you agree to use it diligently and to keep it secret at all times. Consequently, it shall be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or contents by outsiders. Likewise, you are obliged to notify the company of any event that may imply an improper use of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as the above notification is not made, the company will be exempt from any liability that may arise from the misuse of your password, being responsible for any illegal use of the contents and / or services of the Web Site by any illegitimate third party. If you negligently or fraudulently breach any of the obligations set forth in these General Conditions of Use, you will be liable for all damages that may arise for the company as a result of such breach.

      6. RESPONSIBILITIES

      The continued access, correct visualization, downloading or utility  of the elements and information contained in the web site is not guaranteed and may be impeded, hindered or interrupted by factors or circumstances beyond its control. It is not responsible for any decisions that may be taken as a result of access to the content or information offered.

      The service may be interrupted, or the relationship with the User may be immediately terminated, if it is detected that a use of the Web Site, or any of the services offered therein, is contrary to these General Conditions of Use. We shall not be liable for any damages, losses, claims or expenses arising from the use of the Web Site.

      It shall only be responsible for removing, as soon as possible, the contents that may cause such damage, provided that it is so notified. In particular, we shall not be liable for damages that may arise, among others, from:

          1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond the control of the company. 
          2. Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
          3. Improper or inappropriate abuse of the Web Site.
          4. Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The webmaster reserves the right to remove, in whole or in part, any content or information present on the Web Site.

        The company excludes any liability for damages of any kind that may be due to the misuse of the services of free availability and use by users of Webspace. It is also exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of the services of consultations and doubts. On the other hand, in case of causing damages due to an illicit or incorrect use of such services, the User may be claimed for the damages caused.

        You will hold the company harmless against any damages arising from claims, actions or demands from third parties as a result of your access to or use of the Web Site. You also agree to indemnify us for any damages resulting from your use of «robots», «spiders», «crawlers» or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Web Site.

        7. HYPER LINKS

        The User undertakes not to reproduce in any way, not even by means of a hyperlink or hyperlink, the Web Site, as well as any of its contents, unless expressly authorized in writing by the person in charge of the file.

        The Web Site may include links to other web sites, managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such web sites, nor is it in a position of guarantor and/or provider of the services and/or information that may be offered to third parties through links to third parties.

        8. DATA PROTECTION

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

        9. REPRESENTATIONS AND WARRANTIES

        In general, the contents and services offered on the Web Site are for information purposes only. Accordingly, by offering them, no warranty or representation is given in relation to the contents and services offered on the Web Site, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

        10. FORCE MAJEURE

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

        11. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

        These General Conditions of Use, as well as the use of the Web Site, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the registered office of the person in charge of the website.

        In the event that any provision of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the company will proceed to modify or replace such provision with one that is valid and enforceable and that, to the extent possible, achieves the objective and intent reflected in the original provision.