Legal Notice

    1. Legal information and acceptance

    In compliance with Article 10 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, the following is the company’s identification data. The present Internet portal is placed at the service of the users by the entity, whose identifying data are

    Company Name:Vive Benalmádena 2019, S.L.
    Registered Address:Avenida Telefónica 5, 3960 Benalmádena (Málaga)

    This legal notice contains the general conditions governing access to and use of this website, hereinafter “the website”. The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses it, without prejudice to the particular conditions that may apply to some of the specific services of the website. .

    Access to the website is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by users. Certain services are exclusive to our customers and their access is restricted.

    The use of the Portal attributes the condition of user of the Portal (hereinafter, the ‘User’) and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time when the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice each time he/she intends to use the Portal, since the Portal and its conditions of use contained in this Legal Notice may undergo modifications.

    Some Portal services accessible to Internet users or exclusive to customers of Vive Benalmádena 2019, S.L., may be subject to special conditions, regulations and instructions which, where appropriate, replace, complete and/or modify this Legal Notice and which must be accepted by the User before the corresponding service is provided.

    2. Intellectual and industrial property

    This website and the contents it contains are protected by current legislation on intellectual property.

    Vive Benalmádena 2019, S.L. is the owner or licensee of all intellectual and industrial property rights of its website, as well as of the elements contained therein. Therefore, it is expressly prohibited the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of Terms and Conditions.

    The trademarks, trade names or distinctive signs are owned by Vive Benalmádena 2019, S.L. either by industrial or intellectual property, without it being understood that access to the Portal attributes any right over the aforementioned trademarks, trade names and/or distinctive signs.

    All products and services on these pages that are NOT owned by Vive Benalmádena 2019, S.L. are registered trademarks of their respective owners and are recognized as such by our company. They only appear on the website of Vive Benalmádena 2019, S.L. for promotional and information gathering purposes. These owners may request the modification or elimination of the information belonging to them.

    3. Terms of use of the portal

    3.1 General

    The User is obliged to make a correct use of the Portal in accordance with the Law and the present Legal Notice. The User shall be liable to Vive Benalmádena 2019, S.L. or third parties for any damages that may be caused as a result of a breach of this obligation.

    It is expressly forbidden to use the Portal for purposes harmful to the property or interests of Vive Benalmádena 2019, S.L. or third parties or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Vive Benalmádena 2019, S.L. or third parties.

    3.2 Contents

    The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.

    By way of example, the User, in accordance with the legislation in force, shall refrain from:

    • Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in cases authorized by law or expressly consented to by Vive Benalmádena 2019, S.L. or by whoever holds the ownership of the exploitation rights as the case may be.
    • Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with the current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily imply the reproduction by the User or a third party.
    • Extract and/or reuse all or a substantial part of the Contents of the Portal as well as the databases that Vive Benalmádena 2019, S.L. makes available to Users.

    3.3 Introduction of links to the Portal

    Internet users who wish to introduce links from their own web pages to the Portal must comply with the conditions detailed below, without ignorance of these conditions avoiding the responsibilities derived from 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 texts, graphics, etc).
    • It shall be prohibited in any case, in accordance with the applicable legislation in force at any time, to establish frames of any kind that surround the Portal or allow the display of the Contents through Internet addresses other than those of the Portal and, in any case, when they are displayed in conjunction with content outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users about the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of Vive Benalmádena 2019, S. L. or (IV) in any other way is prohibited by current legislation.
    • No false, inaccurate or incorrect statement shall be made from the page that introduces the link about Vive Benalmádena 2019, S.L., its partners, employees, clients or about the quality of the services it provides.
    • Under no circumstances shall it be expressed on the page where the link is located that Vive Benalmádena 2019, S.L. has given its consent for the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
    • The use of any word, graphic or mixed trademark or any other distinctive sign of Vive Benalmádena 2019, S.L. within the page of the sender is prohibited except in cases permitted by law or expressly authorized by Vive Benalmádena 2019, S.L. and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
    • The page that establishes the link must faithfully comply with the law and may not under any circumstances provide or link to its own or third party content that: (I) is unlawful, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induces or may induce in the User the false conception that Vive Benalmádena 2019, S.L. subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, licit or illicit, of the sender; (III) are inappropriate or not pertinent to the activity of Vive Benalmádena 2019, S.L. in view of the place, contents and subject matter of the sender’s web page.

    4. Exclusion of liability

    4.1 Information

    Vive Benalmádena 2019, S.L. shall not be liable for decisions taken based on the information provided on the Portal or for damages caused to the User or third parties as a result of actions based solely on the information obtained on the Portal.

    4.2 Quality of service

    Access to the Portal does not imply any obligation on the part of Vive Benalmádena 2019, S.L. to control the absence of viruses, worms or any other harmful computer element.

    It is up to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.

    Vive Benalmádena 2019, S.L. is not responsible for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.

    4.3 Availability of the Service

    Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to Vive Benalmádena 2019, S.L. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.

    Vive Benalmádena 2019, S.L. shall not be liable for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Portal service during or prior to the provision of the same.

    4.4 Of the 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 Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, Vive Benalmádena 2019, S.L. acts as a provider of intermediary services in accordance with Article 17 of Law 34/2002, of July 12, 2002, on Information Society Services and Electronic Commerce (LSSI) and will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has 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 may notify Vive Benalmádena 2019, S.L. in accordance with the procedure and the effects established in clause 6, without in any case this communication entails the obligation to remove the corresponding link.

    Under no circumstances shall the existence of Linked Sites presuppose the existence of agreements with the persons responsible for or owners thereof, nor the recommendation, promotion or identification of Vive Benalmádena 2019, S.L. with the statements, content or services provided.

    Vive Benalmádena 2019, S.L. does not know the contents and services of the Linked Sites and therefore is not responsible for damages caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to Vive Benalmádena 2019, S.L..

    5. Data Protection.

    You can consult our Data Protection Policy to know the use we make of your personal data.

    6. Communication of activities of illicit and inappropriate nature

    In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose contents or services are illicit, harmful, denigrating, violent or contrary to morality, he/she may contact Vive Benalmádena 2019, S.L. indicating the following:

    1. Personal data of the communicator: name, address, telephone number and e-mail address;
    2. Description of the facts that reveal the illicit or inadequate character of the Linked Site;
    3. In the case of violation of rights, such as intellectual and industrial property, the personal data of the holder of the infringed right when it is a person other than the communicating party.
    4. It must also provide the title that proves the legitimacy of the holder of the rights and, where appropriate, the representation to act on behalf of the holder when it is a person other than the communicator;
    5. Express declaration that the information contained in the claim is accurate.

    The receipt by Vive Benalmádena 2019, S.L. of the communication provided for in this clause shall not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicating party.

    It must also provide the title proving the legitimacy of the holder of the rights and, where appropriate, the representation to act on behalf of the owner when it is a person other than the communicator.

    7. Notifications

    All notifications and communications made by the parties shall be valid in accordance with the means admitted in Law. Those related to this Portal shall be considered effective, for all purposes, if they are made through the Portal itself.

    8. Modifications

    Vive Benalmádena 2019, S.L. reserves the right to make unannounced changes it deems appropriate on its website, and may change, delete or add content and services provided through the same as well as the way in which they are presented.

    On the other hand, these terms and conditions may change at any time. The modifications will come into effect from the moment of their publication.

    9. Social Networks

    Vive Benalmádena 2019, S.L. is present in various social networks and platforms, therefore, when accessing any of these or other networks, it must be taken into account that the applicable conditions of use are those that each platform has established, in which Vive Benalmádena 2019, S.L. does not intervene.

    10. Legislation

    This Legal Notice is governed in each and every one of its ends by Spanish law. Whenever the applicable law allows the waiver of the established legal jurisdiction, the courts of Malaga are designated as the jurisdiction to settle possible disputes, expressly waiving the user to any other jurisdiction that may apply.

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