General
These Terms of Use («Terms of Use») govern your use of the Website (as defined below) operated by PLEAMAR AQUACULTURE (the «Company»). Your use or receipt of services from the Website is subject to these Terms of Use. Please be sure to review the Terms of Use before making any use of the Website. Your use of the Website in effect constitutes your consent to these Terms of Use. If you do not consent to the Terms of Use, in whole or in part, you are not authorised to make use of the Services (the «Services»).
The trademarks on the Website are trademarks of the Company (whether registered or unregistered). You are not authorised to make any use of them or to duplicate or copy them in any way. All intellectual property rights, the Website and the services, including the design of the Websites through which such use is made, and any software, Website, computer code, graphics files, text and any other material contained on the Website (other than third party content) are the exclusive property of the Company or third parties and shall remain their property at all times.
The Company reserves the right to modify and update these Terms of Use. The updated Terms of Use may be viewed from time to time by clicking on the «Terms and Conditions» link on the Website. Any use of this Website will constitute renewed consent to these Terms.
If you are under the age of 18, please read these Terms carefully together with your parent (or other guardian). If you (or your parents) do not agree to the Website Terms of Use, in whole or in part, you are not authorised to use the Website for any purpose.
In the event of any inconsistency between the provisions of these Terms of Use and the provisions of any other information page of the Website, the provisions of these Terms of Use shall govern.
The Terms of Use of the Website are written in the masculine form for convenience only, but are intended for both men and women. Anything in the singular shall also apply to the plural and vice versa.
Definitions
1The following terms shall have the meanings ascribed to them unless expressly stated otherwise:
1.1 . A «Device» means a computer, communications equipment (including modem), telephone device, cellular device (including smart phones) and any other equipment, hardware or software that you use in your consumption of the Services, and any accompanying features, including information security.
1.2 . The Company’s «Website» at https://www.pleamar aquaculture.es/
Use of the webpage
2. You are hereby authorised to make use of the website in accordance with the rules and guidelines set out below. The Website may not be used in any other manner without obtaining the express prior written consent of the Company.
In order to make use of the Website, you may be asked to provide basic information such as full name, email address, address and telephone number. (the «Personal Data»).
3. You are responsible for confirming that the Device you use to connect to the Website meets the minimum technical requirements to enable you to access and use the Website and for confirming that your Device is compatible with the use of the Website.
4. You are hereby authorised to use the Website for private and personal purposes only, and you may not copy and use, or permit others to use, the Website in any manner and for any purpose, commercial or otherwise, other than for your own personal and private use.
5. You may not operate or permit to operate any computer web site or other means, including software such as Robots, Crawlers and the like, for the purpose of automatically searching, scanning, copying or reconstructing the content of the web site. This includes the use of such means to create a collection, repository or database containing the content of the Website.
6. Website content may not be displayed in a frame, whether disclosed or hidden.
7. The contents of the website may not be displayed in any way – including the use of any software, device, accessory or communication protocol – that alters the design of the website or removes any content therefrom, including, in particular, advertisements and commercial content.
8. It is not permitted to link the website to any website that contains pornographic content, content that incites racism or illegal discrimination, illegal content or content whose advertising is illegal or incites illegal activity.
9. Linking of website content is not allowed unless it is the homage of the website (Hyperlink) and the linked page of the website is linked as is (AS IS), so that it can be used and viewed as it is on the website. It is prohibited to link to website content, which is separate from the website pages (Example: You may not link directly to an image or graphic file on the Website). The address of the Website must be displayed in the address bar of your browser (status bar). It is not permitted to change, distort or hide this address.
10. The Company may instruct the User to cancel any such hyperlinks at its sole discretion. In this case, the Hyperlink will be immediately removed and the User shall have no claim, demand or complaint against the Company in this matter.
11. These instructions do not derogate from any other provisions of the General Terms of Use and the Online Agreements accompanying the Website Services.
12. The Company shall not be liable for any damages resulting from any link to the content of the Website and from any presentation or publication of such content in any other manner. The User is fully and solely responsible for any linking, presentation or publication of the content made and agrees to indemnify the Company for any damages that may result.
13. Embedding Videos (Embedding) – It is not permitted to embed videos from the Website without the prior written consent of the Company. The Company reserves the right to disallow the embedding of videos and/or to change the link to the video without prior notice to the Company and no claim, claim and/or demand shall be made by the User against the Company for making such changes and/or malfunctions when they occur. The Company may instruct to terminate such embedding at its sole discretion – in which case, the embedded link will be terminated immediately and no claim, claim and/or demand shall be made against the Company in this matter. The Company shall not be liable for any damage caused by the embedded link to the videos on the website. The User is fully and solely responsible for any embedded links he/she makes, including the management of copyright and payment to the relevant copyright/executive associations in accordance with any law, and undertakes to indemnify the Company for any damages that may result therefrom. The User hereby undertakes not to do the following actions (in whole or in part):
13.1. impersonate any person or legal entity other than the User of the Services.
13.2. Provide false, misleading, inaccurate or incorrect information when registering or using the Website.
Upload, post or disseminate any material that contains any computer virus, or any other computer code designed to ruin, disrupt or limit the use (including any use other than fair and reasonable use of the Website) of any of the computers, servers, hardware or software used by the Company to provide the Services.
13.4. Distribute spam or any other type of mail using the servers through which the Services are operated.
13.5. Alter, process, adapt, sublicense, translate, sell, reverse engineer, dismantle or reconstruct any of the parts of the code that make up the Website, as well as any such action with respect to the hardware or software used in the provision of the Services.
13.6. Any infringement of copyrights, trademarks or other intellectual property rights found on the Website or within the framework of the Services.
13.7. The transfer or receipt of the Services or any part thereof, or the display of any part of the Website, in a frame within a web page or other website, or as part of another web page or website (a mirror), or as part of another service, without the express written permission of the Company.
13.8. The use of robots, spiders, search and retrieval engines, or any other automated or manual tools intended to index, retrieve and locate data found on the Services or the Website, or such tools intended to expose the database structure and code contained in the Services or the Website.
13.9. Disrupt, in any other way, or interrupt the Services or the Website, including disrupting the activity of the server and computer network connected to the Services, the Website, or the computer network connected to the Website.
13.10. Upload or send, through the Services, any material or message that is unlawful, immoral or offensive in any way, or that is irrelevant.
13.11. Make any use of the Services that is not in accordance with the provisions of these Terms of Use.
13.12. Without limiting the foregoing, the Company may remove or edit messages uploaded by the User to the Website, at its sole discretion (to the extent that the uploading of such messages is possible within the framework of the Services provided through the Website).
13.13. The User hereby undertakes not to make any unlawful use of the Services or the Device.
13.14. You hereby agree not to make any use of the Website that may violate the copyrights or intellectual property rights of the Company, companies advertising their services through the Website, or any other party.
13.15. No commercial or for-profit use may be made of the data contained on the Website, and the User may not authorise any third party to make any use of the data, whether for consideration or otherwise. It is expressly stated that the data posted on the Website may not be used for display on the Internet or any other service without the prior written consent of the Company, and subject to these Terms of Use.
13.16. The User undertakes not to store the data displayed on the Website using various types of software, nor to distribute the data displayed on the Website in public in a commercial manner or framework, or for any other purpose. The Website may not be presented in a design or graphical interface different from those determined by the Company, except with the prior written consent of the Company. The Website may not be presented in a manner that is derived from the form of any content contained therein.
13.17. No content on the Website may be removed or altered.
Property y Intelectual Property
14. The Company or the party licensing the Company owns all rights in the intellectual property of the Website (including the general structure of the Website) or any other content of the Website (including text, graphics, software, drawings, plans, photographs and other images, videos, tones, trademarks and trade dress). Nothing in the Terms of Use gives the User any rights in respect of intellectual property owned by the Company or its licensors.
15. Do not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create derivatives of, sell or lease any part of the foregoing, whether on your own or through or in cooperation with a third party, in any form or by any means, electronic, mechanical, optical, photographic, recording or otherwise, without obtaining the prior written consent of the Company or other rights holders, as applicable, and subject to the terms of such consent (if any). This provision is effective in respect of any processing, editing or translation carried out by the Company on content entered or provided by the User to the Website.
16. If and to the extent that such consent is given, you shall refrain from removing, deleting or obscuring any message or symbol relating to intellectual property rights, such as copyright symbols (©) or commercial symbols (®) associated with the content you use.
17. The trademarks and advertisements of parties that advertise on the website are the exclusive property of those advertisers. No use may be made of them without the prior written consent of the advertisers.
18. The User hereby grants the Company irrevocable and unconditional permission to make use of information that was provided to the Company in the course of registration or while browsing a website, or other information that was collected while browsing the website, to create anonymous statistical data, including the generation of averaged data, aggregated data, performance tests or benchmarks; user preferences, comparisons, recommendations or other calculations, or the creation of derived products based on information provided by the User or collected, whether combined with information received from third parties or otherwise (such actions and their products are collectively referred to as «Statistical Data»). Without limiting the foregoing, it is expressly stated that the Statistical Data is the exclusive property of the Company and that the Company owns all rights, including copyrights and intellectual property rights, with respect to the Statistical Information. The Company shall have an unrestricted right to use, update, alter, enhance, sell, lease, create derivatives or make any other use of the Statistical Data, without being obliged to give notice or assume any other duty or liability to the User. For the avoidance of doubt, you hereby assign all rights in the Statistical Data to the Company, and you hereby waive any rights in the Statistical Data or any claims in connection with the use thereof.
Reparations
19. The Company shall have the right, at any time and without prior notice, to notify you of inaccurate or misleading information provided by you; to restrict your access to the Services; and to refuse to provide the Services to you in the event that one or more of the following situations occur:
19.1 . there is a concern that you have breached the provisions of these Terms of Use;
19.2 . It is unable to verify and/or validate the information that was provided, or discovers that any information that the User provided in its registration as a User was false or erroneous;
19.3 . Considers that the User’s use of the Services represents a financial risk, a fraud or a reasonable risk thereof; 19.4;
19.4 . Believes that their activity may cause you, the Company or its customer community financial loss or legal liability.
Responsability y Risk
20 . While the Company tries to ensure that all data contained on the Website is correct and accurate, the Website is not intended to serve as an authoritative source or reference on which reliance can be placed. You agree that your use of the Website is on an «As Is» basis and that the availability of the Website is «As Is».
21 . It is noted that the Company’s systems, being based on software, hardware and communications networks, are exposed to the risks inherent in such systems, including malware (viruses, Trojan horses, etc.), eavesdropping, infiltration by hostile parties, identity theft and other online fraud. The Company invests efforts in protecting against these risks; however, it is not possible to completely alleviate these risks, and damage or loss may result from the realisation of any of these risks, including exposure or corruption of information provided or displayed by the Website, including corruption of instructions/applications; unauthorised account activity; corruption of the use of the Website or its response times, including failure, defective or delayed completion of any instructions/applications; unavailability of the systems or any of its Services; and so on.
22 . It is noted that the Services provided by the Company in accordance with your instructions, or the instructions of any person impersonating you, are subject to the provisions of these Terms of Use. Therefore, to minimise risk, you should take care to follow the Company’s information security procedures. In addition, you must notify the Company of any suspected misuse of name or information. You hereby agree to assume responsibility for any violations you commit with respect to the Company’s information security procedures.
23 . The Company shall not be obligated or liable, directly or indirectly, to compensate for any damages incurred as a result of or in connection with the information posted on the website, the use of or inability to use the services, or the options displayed by the website. The Company shall not be liable to you for any commercial loss, consequential loss, indirect loss, loss of profits, revenue, contracts, data, goodwill or any similar loss and any liability incurred by the Company for such losses incurred shall be limited only to such losses as could reasonably have been foreseen.
24 . Notwithstanding anything in this Agreement, the Company shall not be liable for any damage, loss or expense which it may incur, directly or indirectly, as a result of any of the following events/factors:
24.1 Information on a website that was not published by the Company;
24.2 . Corruption of data or instructions, or failure or delay in the execution of instructions as a result of malfunction or other interruption in communication lines and/or electronic functionality or mechanical failure, whether on your part or between the Company and any third party through which the instructions and data are transferred;
24.3 . Faulty performance of any software or hardware in your possession, or any damage incurred to a device as a result of the use of the Website;
24.4. Loss of any data;
24.5. Exposure and disclosure of your information to third parties as a result of your use of the Services; or as a result of your provision of inaccurate information; or as a result of you giving your Device to a third party, including for the purpose of repairing it, and including in the event that such third party views information received from the Company on your Device or takes various actions in connection with the Services; and you agree to bear any damage, loss or expense incurred by the User or the Company in connection therewith.
25 . It is noted that the foregoing does not derogate from any liability with respect to your Device, including with respect to its security. Further, it is made clear that certain actions performed with the Device, such as jailbreaking, may damage the security of the Information and Services, and that some of these actions are illegal and prohibited.
Privacy
26. To the extent that you do not consent to any of the terms of the Website Privacy Policy, as detailed below, please refrain from using the Website. Any use of the Website is subject to and conditional upon your consent to this Privacy Policy.
27 . In order to receive the Company’s Services, you may be asked to enter Personal Data. Data provided to the Company may be verified against information already in the Company’s possession, or against similar information supplied to the Company, or against any similar information in the possession of any third party lawfully supplied to the Company.
28 . By registering with the website and using its services, you warrant that you are aware that you are under no legal obligation to provide the information you have provided, and that you provide this information with your full consent and of your own free will.
29 . Transfer to third parties. The information provided by the User will not be stored by the Company and will not be given to any third party, except in the following cases:
29.1 . If it is necessary to do so by court order or by law;
29.2 . If it receives a warning that legal action has been taken against it for actions taken by the User, or in the event of a claim, lawsuit or legal proceedings, if any, between the User and the Company;
29.3 . If the Company organises its activities within the framework of another body, including a merger with another entity or a merger of activity. In such a case, the Company shall ensure that the third party into which the Company merges fully accepts the provisions of this Privacy Policy;
29.4 . In the event that a complaint is made, or a suspicion arises within the Company, that the User has committed an act or omission that harms or may harm the Company, any person acting on its behalf or third parties;
29.5 . If a claim is made or a suspicion arises within the Company that the User has performed or used the Website for the purpose of carrying out an illegal act or to encourage the performance of such an act; 29.6;
29.6 . If a claim is made, or a suspicion arises within the Company, that the User has breached any of the terms of these Terms of Use, or any agreement with the Company or any person on its behalf;
Users shall have no claim or demand against the Company in connection with the provision of their information as aforesaid, and hereby waive any such claim or demand.
30 . Purpose of Release of Information. The provision of the information constitutes the User’s consent for their information and any data obtained on the basis of an analysis of this information and any information about them that has come or will come to the Company, to be held in one or more databases of the Company or any person acting on its behalf, to the extent required by law, and for such information to be used in accordance with the following purposes:
30.1 . Marketing, advertising, sales and sales promotion, and for the purpose of contacting the User in any manner, including by direct mail, through any means of communication it deems appropriate;
30.2 . Conducting surveys and any other online use in connection with a marketing matter;
30.3 . For internal needs, such as the need to investigate complaints; 30.4;
30.4 . For the sending of marketing and advertising materials; 30.5;
30.5 . For the analysis and provision of statistical information to third parties. In this case, the data will not include any personal data that can identify the user.
31 . «Cookies». «Cookie» is a small text file that is transferred to your device by a web server. This file is not a computer program and does not have the ability to read the information contained in it, nor perform any activity on it. The purpose of using a cookie is so that the company’s servers can quickly and efficiently identify you when you revisit the website and when you visit other websites.
31.1 . By agreeing to these Terms of Use, you authorise the Company to «transplant» a cookie onto your device, use and identify the information stored in the cookie.
31.2. Through the use of cookies, the Company may, at its discretion, publish information about the Company on various websites that the User will browse (hereinafter: «Third Party Providers»). In the course of using these websites, information about you may be collected and used by the Company as described above.
The Company is not responsible for the operation of Third Party Providers’ websites or their content. These are completely independent websites. It is therefore recommended that you review the privacy policies of each of the third party providers.
31.3. If you wish to block cookies while browsing a website, you can change the settings of the browser you are using so that it asks for your approval each time on an individual basis, or refuse cookies. If you do not know how to do this, you can check the order of the process in the help tab of the browser you are using. Please note that disabling cookies may impair your browsing experience.
32. The Company will not be deemed to violate a privacy obligation under the Privacy Protection Act 5741-1981, nor will it be deemed to violate a user’s privacy with respect to any information, as defined in the Computer Act 5755-1995, that may enable others to identify or track a user, and that arises from the use of electronic media in general and computer communications in particular.
33. Users who do not wish to receive messages by direct mail shall notify the Company through the contact mechanisms set out in section 39 below, website or through the removal mechanism found on any mailing item.
34. Subject to your express consent, the Company may use Personal Data for marketing purposes, including: To send you marketing/advertising material via any legally permissible means of communication, including direct mail, email, SMS messages, among others, based on data segmentation or your preferences, and those of other users, as recorded during use of the Services.
Links to external pages
35. Some of the Services may include links to other websites, including links generated by other parties advertising on the website. These links are intended for your convenience only. Use of information or other content found on external websites to which such links may lead should be made with due care and diligence. You acknowledge that the Company has no control or rights over the content found on these external websites. Furthermore, the Company accepts no liability in the event that it has relied on and/or acted in accordance with the content of these external websites. Links found on the Services should not be construed as a recommendation, preference or endorsement of the use of the materials and/or content and/or products appearing on the external websites. In addition, these links should not be construed as a guarantee of the reliability, accuracy or completeness of the information found therein. By clicking on the link, you waive any claim and/or demand and/or action against the Company for any damages and/or payment and/or loss incurred (if any) as a result of reliance on and/or use of the information appearing on these external websites.
36. In the event that you find, in the information found on the Services or in the information found in the content of any other service linked to the Services, materials that appear to be dysfunctional, illegal, immoral or that do not meet the User’s expectations, you are requested to notify those responsible for the Services through the Company’s contact mechanisms specified below.
Notifications y advices
37. Various notices and notifications (including promotional mailings) may be sent from the Company by email, by direct mail, by SMS messages, by any other means of communication, to the address provided in the registration form for the Services, if you have approved the receipt of such notices and notifications. By any other means of communication, to the address provided in the registration form for the Services, if you have approved the receipt of such notices and notifications.
Jurisdiction
38. Use of the Services is subject solely to Spanish law. Sole jurisdiction over all disputes relating to the Website and/or the Services is vested exclusively in the competent courts of Spain.
Contact
39. The user can send any questions relating to these terms and conditions of use, or receive support in relation to the use of the website, by telephone on +34 644 06 78 57 or +32 465 45 50 88. Alternatively, the user can write to the Company at the following address: info@pleamaraquaculture.com.