LEGAL NOTICE

Please read this document carefully. It constitutes the Legal Notice that establishes the conditions of use and regulates access, browsing and use of the Web Site located at the URL abionica.com (hereinafter, the “Web Site“).

Access, browsing and use of the Web Site confers on the visitor the status of user (hereinafter, the “User“), implying the express and unreserved acceptance of all the terms of this Legal Notice, having the same validity and effectiveness as any contract entered into in writing and signed.

Its observance and compliance shall be enforceable with respect to any person accessing, browsing or using the Website. If you do not agree with the above terms, do not access, browse or use the same.

IDENTIFICATION

  • Titular: Abionica Solutions S.L.P. (en adelante, «ABIONICA»)
  • NIF: B42575233
  • Domicilio Social: Calle Enric Valor 2, Esc. 5 – 7ºB, 03540 Alicante, España.
  • E-mail: info@abionica.com
  • Telephone: (+34) 865 674 962

PURPOSE AND SCOPE OF APPLICATION

This Legal Notice regulates the access, navigation and use of the Website, notwithstanding the fact that ABIONICA reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access or use. Modifications to the terms and conditions of this Legal Notice shall be published in the same form in which it appears or through any type of communication addressed to the User. Access, browsing and use of the Web Site after the entry into force of the modifications or changes imply their acceptance.

The Web Site, from the moment it is put into operation, is dedicated to offer information of its own services.

However, access to certain content and the use of certain services may be subject to special conditions, which will be clearly displayed in any case. These particular conditions may replace, complete or, where appropriate, modify the terms of this Legal Notice. In case of contradiction, always and in any case, the particular conditions shall prevail.

INTELLECTUAL PROPERTY RIGHTS

RIGHTS OVER THE WEBSITE AND ITS CONTENTS.

ABIONICA owns or, as the case may be, has the corresponding licenses on the exploitation rights of intellectual and industrial property of the Website, as well as all the Contents offered therein, including, but not limited to, the platform itself, texts, images, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content and the services available through the same.

Under no circumstances shall it be understood that access, browsing and use of the Website by the User implies a waiver, transmission, license or total or partial transfer of such rights by ABIONICA. By accessing the Website, the User acquires a right to use the contents and/or services of the Website within a domestic environment and solely for the purpose of enjoying the services provided in accordance with this Legal Notice.

References to registered trademarks or trade names, or other distinctive signs, whether owned by ABIONICA or by third parties, imply a prohibition on their use without the consent of ABIONICA or their legitimate owners. At no time, unless expressly stated otherwise in writing by ABIONICA, shall access, browsing or use of the Website or its contents confer on the User any right whatsoever over any distinctive signs included therein.

All intellectual and industrial property rights over the Contents of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, make available, transform or distribute, by any means and in any form, all or part of the contents included therein, for public or commercial purposes, without the prior, express and written authorization of ABIONICA or, where appropriate, of the owner of the corresponding rights.

Likewise, it is forbidden to remove, evade and/or manipulate the copyright indications or other credits identifying the rights holders of the contents of the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated therein. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could damage them, and ABIONICA reserves the right to exercise any legal means or actions that may correspond to it in defense of its legitimate intellectual and industrial property rights.

 

LINKS

LINKS TO OTHER WEB PAGES.

The Website may display links to other web pages through different buttons, links, banners, embedded content, etc., ABIONICA informs that these would be directly managed by third parties. ABIONICA has no power or human or technical means to know in advance, control or approve all the information, contents, products or services provided by other platforms to which links may be established from the Website.

 

Consequently, ABIONICA may not assume any kind of liability for any aspect related to any platform or web page to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

 

In this sense, if the User has effective knowledge that the activities developed through these third-party web pages are illegal or contravene morality and/or public order, he/she must immediately communicate it to the Provider in order to proceed to disable the access link to them.

 

In any case, the establishment of any type of link from the Website to another third-party website shall not imply that there is any type of relationship, collaboration or dependence between ABIONICA and the party responsible for the third-party website.

 

LINKS TO THE WEBSITE ON OTHER PLATFORMS AND WEBSITES OR SOCIAL NETWORKS.

ABIONICA may make available to the User, through different tools and applications, in particular, banners, links allowing the User to access the Website from different pages, or even banners on social networks. The inclusion of these links is for the sole purpose of facilitating the User’s access to the Website.

 

The establishment of these links does not imply the existence of any relationship between ABIONICA and the owner, manufacturer or distributor of the platform where the link is located, nor the acceptance and approval by ABIONICA of the contents or services on the platforms to which they redirect, the owner, manufacturer or distributor being solely responsible for them.

 

Under no circumstances does ABIONICA share with Facebook, Twitter or any other social network that may be incorporated into the Website any personal information about its User, its sole purpose being that set forth in this Legal Notice, as well as in the Website’s Privacy Policy. In this regard, all information that the User wishes to provide to these platforms shall be under his/her own responsibility, and ABIONICA shall not intervene in this process.

The activation and use of these links may entail the identification and authentication of the User (by means of login or password) on the corresponding platforms, which are completely external to the Website and beyond ABIONICA’s control. By accessing external networks, the User enters an environment not controlled by ABIONICA, and ABIONICA shall not assume any responsibility for the security configuration of such environments.

 

Since ABIONICA has no control over the content hosted on such channels, the User acknowledges and agrees that ABIONICA assumes no responsibility for the content or services that the User may access on such sites, nor for any content, products, services, advertising, or any other material available on such sites. For this reason, the User must exercise extreme caution in the evaluation and use of the information, contents and services existing in the linked channels, and on the information of the User or of third parties that he/she wishes to share in those channels.

 

RULES OF USE

It is not permitted, and therefore the consequences will be the sole responsibility of the User, to access or use the Website for illegal or unauthorized purposes, with or without economic purpose. In particular, and without the following list having an absolute or limitative character, it is forbidden:

  • Use the Web Site in any way that may cause damage, interruption, inefficiency or defect in its operation or in the computer of a third party;
  • Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
  • Use the Web Site in a manner that constitutes an infringement of the rights of ABIONICA or any third party;
  • Use the Web Site to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigrating, pornographic, or obscene or threatening nature or that may cause annoyance to any person;
  • Use the Web Site in an illegal manner, against good faith, morality and public order;
  • Accessing or interacting with the Website under a false identity, impersonating a third party, using a profile or performing any other action that may give rise to confusion as to the identity of the origin of a message;
  • Gain unauthorized access to any section of the Website, to other systems or networks connected to it, to any ABIONICA server, by hacking or forgery, password mining or any other illegitimate means;
  • Breach, or attempt to breach, the security or authentication measures of the Website or any network connected thereto, or the security or protection measures inherent to the contents hosted on the Website;
  • Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of ABIONICA, as well as in the systems and networks connected to the Website; and
  • Entering data that are manifestly false, whether or not the User is aware of such circumstance.The breach of any of the above obligations by the User may lead to the adoption by ABIONICA of the appropriate measures protected by law and in the exercise of its rights or obligations, and may lead to the deletion or blocking of the account of the offending User, without the possibility of any compensation for damages caused.

ABIONICA reserves the right to remove all content, contributions or comments that are contrary to law, morality and public order, including but not limited to those that violate the dignity of the person, discriminatory, racist, xenophobic, contrary to youth or childhood, pornographic or that threaten public safety. In any case, ABIONICA shall not be liable for the opinions expressed by the User through forums, chats or other participation tools.

RESPONSIBILITIES AND WARRANTIES

ABIONICA cannot guarantee the reliability, usefulness or accuracy of absolutely all the information contained in the Web, nor the usefulness or accuracy of the documentation made available through it.

 

Consequently, ABIONICA does not guarantee and shall not be liable for: (i) the continuity of the contents of the Website; (ii) the absence of errors in such contents; (iii) the absence of viruses or other harmful components in the Website or in the server that supplies it; (iv) the invulnerability of the Website or the impossibility of breaching the security measures adopted for the same; (v) the lack of usefulness or performance of the contents of the Website; nor (vi) any damage or harm caused, to itself or to a third party, by any person who infringes the conditions, rules and instructions established by ABIONICA, or through the violation of security systems.

 

Nevertheless, ABIONICA declares that it has adopted all necessary measures, within its possibilities and the state of the art, to ensure the proper functioning of the Website and to minimize system errors, both from a technical point of view and in terms of the contents published, as well as to prevent the existence and transmission of viruses and other harmful components to the Users’ computer systems.

 

ABIONICA does not guarantee the legality, reliability and usefulness of the contents provided by third parties through the Website. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that may infringe the rights of third parties, he/she shall immediately notify the Provider so that the latter may proceed to take the appropriate measures.

 

ABIONICA shall not be liable for the accuracy, completeness or updating of the information published on the Website from outside sources, nor for that contained in other platforms on which a banner linking to the Website is placed. ABIONICA shall not assume any liability whatsoever for hypothetical damages that may arise from the use of the aforementioned information. In the event that any User of the Website carries out any action that may be considered illicit, illegal, contrary to the law or that may involve the infringement or violation of third party rights, he/she shall do so at his/her own risk, and shall hold harmless the Provider for his/her actions.

 

WEBSITE SUSPENSION

ABIONICA reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, use, hosting or downloading of the content or use of services of the Website, with or without prior notice, to users who contravene any of the provisions detailed in this Legal Notice, without the possibility for the User to claim any compensation for this cause.

 

PRIVACY AND DATA PROTECTION

ABIONICA strictly observes the current legislation on data protection, as well as the rules and regulations it covers, for the purposes applicable to the Website. In accordance with these regulations, all personal data obtained from the User through the use of the Website will be treated in accordance with the provisions of the Website’s Privacy Policy.

 

GENERAL

The headings of the different clauses are for information purposes only, and shall not affect, qualify or expand the interpretation of this Legal Notice. Likewise, ABIONICA may modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same form in which this Legal Notice appears or through any type of communication addressed to the User.

The temporary validity of this Legal Notice coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified Legal Notice will become effective.

The services made available to the User may be changed by ABIONICA without prior notice. In the event that any of the services offered have special conditions, these shall be duly informed to the User and must be accepted prior to their provision.

Likewise, ABIONICA may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the User being able to claim any compensation whatsoever. After such termination, the prohibitions of use of the contents set out above in this Legal Notice shall remain in force.

In the event that any provision of this Legal Notice is declared invalid or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions thereof.

ABIONICA’s failure to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof.

APPLICABLE LAW AND COMPETENT JURISDICTION

The legislation in force shall determine the laws that shall govern and the jurisdiction that shall be responsible for the relations between ABIONICA and the User of the Website. However, whenever such regulations provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious matter arising from or related to the Website, the Spanish legislation in force at the time of the facts shall be applicable. Likewise, ABIONICA and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of the city of Alicante (Spain).

To file claims in the use of our services, you can contact us by e-mail to the address indicated in the Identification section, committing ourselves to seek at all times an amicable solution to the conflict.

CONTACT ADDRESS

For any clarification on these general conditions or any other aspects, you have at your disposal the following addresses:

ABIONICA Solutions S.L.P:

Telephone Support: (+34) 865 674 962

e-mail: info@abionica.com