The website www.umbrella-pine.com (hereinafter, the „website“) is the property of UMBRELLA PINE S.C.P. (hereinafter, the „COMPANY“) with NIF J02957462.
We would like to invite you to read the General Terms and Conditions of Use of this website (hereinafter, the „General Terms and Conditions of Use“) that describe the terms and conditions that will be applicable to your browsing experience, in accordance with the provisions of the applicable Spanish regulations. Given that the COMPANY may modify these Terms and Conditions of Use in the future, we recommend you review them periodically to ensure you remain fully informed of any changes.
In order for the use of the Website to meet the criteria of transparency, clarity and simplicity, the COMPANY hereby informs Users that you may contact the us regarding any suggestions, queries or consultations related to the General Terms and Conditions of Use by email at: firstname.lastname@example.org.
You are hereby informed that special terms and conditions may occasionally be established for specific contents and/or services on the Website, the use of said contents or services shall imply the acceptance of the special terms and conditions specified for them.
PRIVACY AND DATA PROCESSING
INDUSTRIAL AND INTELLECTUAL PROPERTY
Users recognise and accept that all the content shown on the Website and, in particular, the designs, texts, images, logos, icons, buttons, software, trade names, brand names, or any other signs that are likely to be used for industrial and/or commercial purposes, are subject to intellectual property rights, and all the brands, trade names and distinctive signs, all the industrial and intellectual property rights, to the contents and/or any other elements inserted into the page, are the exclusive property of the COMPANY and/or of third parties, who have the exclusive right to use them in the course of trade. Therefore, Users commit to not reproducing, copying, distributing, making available or communicating publically in any other manner, transforming or modifying the contents, and to holding harmless the COMPANY from any claims that may derive from a breach of these obligations. Under no circumstances shall the access to the Website imply any waiving, transfer, licensing or total or partial assignment of said rights, except where expressly established to the contrary. These General Terms and Conditions of Use for the Website do not confer Users any other rights to the use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for such purposes by the COMPANY or the third party that owns the affected rights.
The contents, texts, photographs, designs, logotypes, images, computer programmes, source codes and, in general, any intellectual creation that exists on the on the site, as well as the website as a whole, such as multimedia artistic works, are protected as copyright by legislation on the subject of intellectual property. The COMPANY is the owner of the elements that comprise the graphic design of the Website, the menus, browser buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, where applicable, has the corresponding authorisation to use said elements. The content on the Website may not be reproduced either fully or in part, nor may it be transmitted, or registered by any other information recovery system, in any form or by any other means, unless prior authorisation has been obtained in writing from the aforementioned Entity.
It is also prohibited to delete, circumvent and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that may contain the content.
OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
As a User you hereby commit to:
Using the Website, its contents and services in a suitable and lawful way in accordance with applicable legislation in force at the time, the General Terms and Conditions of Use of the Website, morality and generally accepted good practice, and public order.
Supplying all the technical means and requirements necessary to access the Website.
Providing correct information when entering personal information in the Website forms, and keeping them updated at all times so that it always reflects your real situation. You shall be solely responsible for any false or inaccurate statements you make and for any damage you may cause to the COMPANY or to third parties through the information you provide.
Notwithstanding the provisions in the previous section, as a User you must also refrain from:
a) Making unauthorised use of the Website and/or of the contents with aims or effects that are unlawful, prohibited under these Terms and Conditions of Use, harmful to the rights and interests of third parties, or which in any way may harm, render unusable, overload, deteriorate or prevent the normal use of the services or documents, files and all types of contents stored on any computer equipment.
b) Accessing or attempting to access restricted resources or areas of the Website, without meeting the conditions required for said access.
c) Damaging the physical or logic systems of the Website, of its suppliers or of third parties.
d) Introducing or spreading computer viruses on the network, or any other physical or logic systems that may cause the damage to the physical or logic systems of the COMPANY, of their suppliers or of third parties.
e) Attempting to access, use and/or manipulate the data of the COMPANY, third party suppliers or other Users.
f) Reproducing or copying, distributing, allowing the public access through any mode of public communication, transforming or modifying the contents, unless authorisation is provided by the owner of the corresponding rights or this is legally permitted.
g) Deleting, hiding or manipulating the notices related to the intellectual and industrial property rights and other identification information of the COMPANY or third parties incorporated in the contents, as well as any technical protection devices, or any other information mechanisms that may be contained in the contents.
h) Obtaining or attempting to obtain the contents using means and procedures other than those that may have been made available to you for this purpose, or that have been indicated expressly on the webpages where the contents are found or, in general, of those habitually used on the Internet in order not to entail a risk of damaging the website and/or its contents or rendering it useless.
i) Specifically, your commitment includes, but is not limited to, not transferring, distributing or making available to third parties any information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any other type of material that may:
(I) In any way be contrary to, undermine or attack the fundamental rights and public freedoms recognised constitutionally, in International Treaties and in all other legislation in force.
(II) Induce, incite or promote criminal, denigratory, defamatory, violent actions or, in general, any actions that contravene the law, morality, generally accepted good practices, or public order.
(III) Induce, incite or promote actions, attitudes or thought that is discriminatory in terms of sex, race, religion, beliefs, age or condition.
(IV) Incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, that contravene the law, morality, generally accepted good practices, or public order.
(V) Induce, or lead to, an unacceptable state of anxiety or fear.
(VI) Induce or incite to become involved in practices that are dangerous, a risk or harmful to health and mental stability.
(VII) Be protected by Law as regards the protection of intellectual and industrial property belonging to the COMPANY or third parties without its intended use having been authorised.
(VIII) Attack honour, personal or family privacy, or a person’s own image.
(IX) Constitute any type of publicity.
(X) Include any type of virus or programme that impedes the normal function of the Website.
If you are provided with a password to access any of the services and/or contents, you shall be obliged to use it diligently, keeping it secret at all times. As a result, you shall be responsible for its correct custody and confidentiality, committing to not assign it to third parties, either temporarily or permanently, or allowing access to the aforementioned services and/or contents by other parties. Equally, you are obliged to notify the COMPANY of any issues that may result in the wrongful use of your password, including, but not limited to, the theft or loss of it, or any unauthorised use, so we may cancel it immediately. Therefore, if you do not notify us of such issues, the COMPANY shall not be liable for any wrongful use of your password, and you shall be liable for any unlawful use of the contents and/or services of the Website by any unauthorised third party.
If thorough negligent or malignant actions, you breach any of the obligations established in these General Terms and Conditions of Use, you shall be liable for all of damages said breach may cause to the COMPANY.
The COMPANY does not guarantee continuous access, or the correct viewing, downloading and use of the elements and information contained on the Website, which may be impeded, hindered or interrupted by factors or circumstances that are out of its control.
The COMPANY shall not be held liable for the decisions that may be made as a consequence of the access to the contents or information provided.
The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that the use of its website, or any of the services offered on it, are in breach of these General Terms and Conditions of Use. The COMPANY shall not be held liable for any damage, loss, claim or expense derived from the use of the Website. It shall only be liable for removing, as soon as possible, the contents that may lead to such damage, as long as they have been notified of them. In particular, it shall not be liable for any damage derived, among other things, from:
a) interferences, interruptions, failures, omissions, telephone system faults, delays, blocks or disconnections with regard to the functioning of the electronic system, resulting from deficiencies, overloads and failures on the telephone lines and networks, or by any other cause out of the COMPANY’s control.
b) unlawful interruptions via the use of malignant programmes, or any other type of programme, or through any means of communication, such as computer viruses or others.
c) abuse or inadequate use of Website.
d) security or browsing errors produced by a malfunction of the browser or through the use of non-updated versions of it. The COMPANY administrators reserve the right to withdraw, either fully or partially, any contents or information on the Website.
The COMPANY shall not be held liable for damages of any nature that may result from the misuse of the services that are freely available and free to use by Website Users. In the same way, the COMPANY shall not be liable for the contents or information it may receive via the data collection forms; these are only for the consultation and query service. However, in the event of damages resulting from the unlawful or incorrect use of said service, the COMPANY may claim damages from the User. You shall defend and compensate the COMPANY, and hold it harmless from any damages that may result from claims, actions or demands from third parties as a consequence of the accessing or use of the Website. You hereby commit to compensate the COMPANY for any damages that result from your use of „robots“, „spiders“, „crawlers“ or similar tools used to gather or extract data or any other action on your behalf that puts an unreasonable load on the Website function.
As a User, you hereby commit to not reproduce the COMPANY’s Website, or any of its contents, in any way, not even through a hyperlink, except with the express authorisation of the COMPANY in writing. The COMPANY’s Website includes links to other websites managed by third parties, with the purpose of facilitating Users’ access to the information of collaborating companies and/or sponsors. The COMPANY will not be liable for the content of said websites. It will not act as guarantor or promoter of the services and/or information that can be offered to third parties through third-party links.
Users are granted unlimited, revocable and non-exclusive rights to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website:
(I) May not insinuate that we recommend that website or its products or services.
(II) May not falsify their relationship with us or state that we have authorised such a link, or include brands, names, trade names, logotypes or other distinctive signs that are our property.
(III) May not include content that can be considered in bad taste, obscene, offensive or controversial; that incites violence or discrimination for reasons of sex, race or religion; that is against public order, or that is unlawful.
(IV) May not link to any page on the Website other than the main page.
(V) Must link to the actual address of the Website; the linking website shall not reproduce the Website as part of its own website, or within one of its „frames“, or create a „browser“ on any of the pages of the Website.
We may request, at any time, that you remove any link to the Website, after which you must immediately remove it. We cannot control the information, content, products or services provided by other websites that have established links to our Website.
Therefore, we do not accept any responsibility for any aspect related to such websites.
We reserve the right to use „cookie“ technology on the Website, you may consult the policy used and applied at all times in the Cookies Policy.
DURATION AND TERMINATION
The rendering of the service of this Website, and the other services is, in principle, of unlimited duration. Nevertheless, we may terminate or suspend any of the services of the portal. Whenever possible, the COMPANY will announce the termination or suspension of the rendering of the specific service.
DECLARATIONS AND GUARANTEES
In general the contents and services offered on the Website are merely informative in nature. Therefore, by offering them, we do not make any guarantees or declarations in relation to the contents and services offered by the Website, including, but not limited to, guarantees of lawfulness, reliability, utility, truthfulness, accuracy, or saleability, except where such declarations and guarantees are required by Law.
The COMPANY shall not under any circumstances be liable for the impossibility of rendering the service, if this is due to prolonged interruptions of electricity supply, telephone lines, social conflicts, strikes, rebellion, explosions, floods, acts or neglect by the Government, and in general all occasions of force majeure or fortuitous events.
RESOLUTION OF CONTROVERSIES. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Use, as well as the use of the Website, shall be governed by Spanish Law. Any other conflict shall be resolved before the Court of Barcelona.
In the event of any provision of these General Terms and Conditions of Use being rendered unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, said unenforceability or nullity shall not result in these General Terms and Conditions of Use being rendered unenforceable or null as a whole. In said cases, we will proceed with the modification or replacement of said provision with another that is valid and enforceable and that, in so far as it is possible, achieves the objective and expectation reflected in the original provision.