LEGAL NOTICE AND CONDITIONS OF USE OF THE SIERRA CAPITAL MANAGEMENT 2012, S.L. WEBSITE
This Legal Notice and Conditions of Use (hereinafter, “Legal Notice”) regulates the access to and use of the Internet portal www.sierracapital.es (hereinafter, the “Website”) owned by Sierra Capital Management 2012, S.L.
Pursuant to Spanish Law 34/2002, of 11 July, on information society services and e-commerce (Ley 32/2004, de 12 de Julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico), we hereby inform you that this web page is owned by Sierra Capital Management 2012, S.L. (hereinafter, “Sierra Capital Management”) a Spanish company with tax ID (CIF) number B-86.554.482, located in Paseo de la Castellana nº 141; 28046 Madrid and registered in the Madrid Commercial Registry in Volume 30,356, Folio 1, Section 8, Page M-546304, and that it is duly entitled to use and exploit the Website, the use of which is subject to this Legal Notice.
Acceptance.- Browsing, simply accessing the Website and/or merely using the services offered through it confers the status of user of the web page (hereinafter, the “User”) and involves full and unreserved acceptance of the conditions contained in this Legal Notice in the version published by Sierra Capital Management at the time when the User accesses the Website.
Sierra Capital Management reserves the power to amend unilaterally, at any time and without notice the clauses of this Legal Notice as well as the configuration and, in general, any other content or service provided on its web page. Using the services and/or simply accessing the web page shall entail acceptance of any amendments made. Therefore, Sierra Capital Management recommends consulting this document, as well as its subsequent amendments, from time to time.
Likewise, use of the Website is subject to all the legal notices, regulations for use or instructions made known to the User through this Website that replace, complete and/or amend this Legal Notice.
Use of the Website.- The use of the Website shall be free of charge, notwithstanding the connection charge paid by the User to gain access through the relevant telecommunications network. The User acknowledges and voluntarily and expressly accepts that the use of the Website is made under his/her sole and exclusive responsibility in all cases. The User undertakes to use the Website and its services and contents without contravening the legislation in force, principles of good faith, generally accepted uses or public order. In addition, use of the Website for purposes that are illegal or injurious to Sierra Capital Management or any third party is prohibited.
While making use of the Website, the User undertakes not to act in any way that may damage the image, interests and/or rights of Sierra Capital Management and/or of third parties, or that may damage, render useless or overload the Website, or that may impede, in any way, the normal use of the Website, the computer equipment of the documents, files and all manner of contents stored in any computer equipment of Sierra Capital Management, of other users or of any other Internet user (hardware and software). By way of example, and not as a limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, contents, messages and/or in general any type of material that:
a) in any way contravenes, denigrates or threatens fundamental rights and liberties recognised by applicable legislation, violates business secrets of third parties or infringes the regulations on privacy of communication and/or is contrary to the right to honour, to personal and family privacy or to the self-image of people.
b) instigates, incites or fosters criminal, defamatory, violent, denigratory, discriminatory (on grounds of gender, race, religion, beliefs, etc.) and/or harmful-to-health actions and/or, in general, actions against the law, generally accepted morals and behaviour, or public order.
c) incorporates, makes available or enables access to products, elements, messages and/or services that are criminal, defamatory, violent, denigratory, discriminatory and/or against the law, generally accepted morals and behaviour, or public order.
In general, use of the Website does not require prior subscription or registration by users. However, Sierra Capital Management makes use of certain services or access to certain content conditional upon prior completion of the relevant User registration and/or form, which are available on the Website.
All the information provided by the User through any registration or form of this Website must be accurate. In this respect, the User represents and warrants that the data he/she communicates to Sierra Capital Management as a result of completing any of the aforementioned forms is genuine. In addition, it shall be the responsibility of the User to keep all the information provided to Sierra Capital Management permanently updated. In any case, the User shall be solely responsible for any false or inaccurate representations he/she makes and, where appropriate, for any loss and damage that that false information may cause Sierra Capital Management.
Intellectual and industrial property.- All the industrial and intellectual property rights, as well as all the information contained on the Website (images, trade marks, graphic design, source code, design, browsing structure, databases and any other content appearing thereon) are the exclusive property of Sierra Capital Management or, where appropriate, are duly licenced by the holder. The names of other products, services and companies that appear in this document or on the Website may be trade marks or other distinctive signs registered by their respective legitimate owners, and it may not be construed that access to the Website grants the User any rights over the aforementioned trade marks and the other registered distinctive signs. In addition, all the information and content of the Website are protected by copyright and the intellectual property thereof belongs to Sierra Capital Management or, as the case may be, the use and exploitation thereof has been duly authorised by the holder, and it may not be construed that any of the rights to exploitation related to the aforementioned information and content have been assigned to the User beyond what is strictly necessary for the correct use of the Website.
In the described context, the User is only authorised to view and obtain a temporary copy of the contents for his/her exclusive personal and private use in his/her computer system (software and hardware) and which are not subsequently transferred to third parties. Subject to the above exemptions, the User is expressly prohibited from reproducing, altering, distributing, communicating publicly, making available, extracting, reusing, forwarding or using in any way, through any means or procedures, any of them, except in the cases that are legally permitted or if expressly authorised in writing by Sierra Capital Management and/or the holder of the corresponding rights. By way of example, and not as a limitation:
a) The User is not authorised to use the information contained on the Website with the purpose of carrying out commercial or professional activities (direct marketing or with any other type of commercial end as well as commercialising that information in any manner whatsoever);
b) The User is not authorised to delete, ignore or manipulate the copyright and other data identifying the rights of Sierra Capital Management, or any other protective mechanisms;
c) The User is not authorised to dismantle, decompile or invert the databases in which the Website information is stored.
Any unauthorised use of the information contained on the Website, its resale, as well as any infringement of the industrial and intellectual rights of Sierra Capital Management will give rise to the responsibilities established by law.
Limitation of liability.- Sierra Capital Management reserves the right to interrupt access to its web page, as well as the provision of any or all of the contents and/or services that are offered through the web page, at any time without notice, whether for technical, security, control or maintenance issues or for any other cause.
As a consequence, Sierra Capital Management does not guarantee the reliability, availability or continuity of its web page or of the contents offered in it, and therefore access to the aforementioned Website and the contents thereof by the User is in the User’s own name and at the User’s own risk.
Likewise , Sierra Capital Management shall not be liable for temporary interruptions to the service, delays, errors, malfunctions and, in general, other inconveniences originating from causes beyond the control of Sierra Capital Management and/or that are due to wrongful or unlawful actions on the part of the User and/or caused by force majeure.
In this respect, Sierra Capital Management excludes, to the full extent permitted by law, any liability for any loss and damage of any nature that may be due to the lack of availability or continuity of operation of the Website, the services, to the fallibility of the Website and of the services, to problems accessing the different web pages of the Website or of those from where the services are provided.
Sierra Capital Management adopts reasonable security measures which are adecuate to detect the existence of viruses. However, the User must be aware that the security measures of computer systems on the Internet are not entirely reliable and that, therefore, Sierra Capital Management cannot guarantee the absense of viruses or other elements that may cause alterations in the computer systems (software and hardware) of the User or in the User’s electronic documents and the files contained therein.
In this respect, Sierra Capital Management excludes, to the full extent permitted by law, any liability for any loss and damage of any nature that may be due to the presence of viruses or other elements in the contents of the Website that may give rise to alterations in the computer system, electronic documents and/or in the files of the users.
Finally, Sierra Capital Management does not assume liability for the use that the User makes of the contents of the Website that may entail a violation of any type of rule, whether national or international, of intellectual or industrial property rights or of any other rights of third parties.
Accessing the Website and any use that may be made of the information contained on the Website is the exclusive responsibility of the person who does so. Sierra Capital Management shall not be liable for any consequence, loss or damage that may arise out of that access or use of the information. Sierra Capital Management shall not be liable for any consequence, loss or damage that may arise out of that access or use of the information. Sierra Capital Management does not accept any liability or responsibility for possible security errors that may occur nor for possible damage that may be caused to the User’s computer system (hardware and software), the files and the documents stored in it as a result of the malfunctioning of the browser or the use of not-updated versions of the browser.
Sierra Capital Management is not responsible for any loss or damage arising from the use of the contents of the Website. In particular, Sierra Capital Management does not accept any liability or responsibility for the contents or the state of the links contained in this Website and that can lead the User to other websites and web pages managed by third parties. Sierra Capital Management does not accept any liability or responsibility for the contents or the state of the aforementioned websites and web pages. Access to these through this Website does not implicate that Sierra Capital Management recommends or approves their contents.
Links policy.- Introducing hyperlinks or technical linking devices (e.g., links, banners or buttons) for commercial purposes in non-Sierra Capital Management web pages that allow access to this domain without the prior written consent of Sierra Capital Management is strictly prohibited. In all events, the existence of such hyperlinks shall not imply the existence of commercial or mercantile relationships with the owner of the web page on which the hyperlink is established nor the acceptance by Sierra Capital Management of its contents or services.
In any case, Sierra Capital Management reserves the right to prohibit or disable at any time any hyperlink or technical linking device (e.g., links, banners or buttons) to its website, especially where the activity or contents of the website where the hyperlink or technical linking device has been inserted is unlawful.
Furthermore, Sierra Capital Management does not guarantee or assume any type of liability for any loss or damage suffered by access to third-party contents through the possible connections or links of the sites linked from the Website. The function that, as the case may be, such hyperlinks or technical linking devices (e.g., links, banners or buttons) could have is exclusively that of informing users about the existence of other sources of information or other Internet contents and services. Sierra Capital Management shall not be liable under any circumstances for the result obtained through such hyperlinks or technical linking devices (e.g., links, banners or buttons) or for the consequences that derive from access by the users to these (linked sites). These third-party contents are provided by the third parties, and therefore Sierra Capital Management cannot control the lawfulness of such contents or the quality of the services offered in them.
Sierra Capital Management does not offer or commercialise itself and/or through third parties the information, contents and services available on the linked websites. Sierra Capital Management does not approve, supervise or control in any way the contents and services as well as any material of any nature on said websites and the User assumes exclusive responsibility for browsing through them.
Notifications.- All the notifications and communications (hereinafter, “Notifications”) by the user to Sierra Capital Management shall be deemed effective for all purposes when they are addressed to the Atención al Usuario (User Care) service at the following email address: firstname.lastname@example.org. Likewise, all the Notifications made by Sierra Capital Management to the user shall be deemed validly given if they have been given by using the User’s details and through any legally valid medium of communication. For the purposes hereof, the User represents and warrants that all the data provided by him/her are true and correct and that they shall be kept duly updated by the User.
This web page has been prepared at all times in accordance with the principles of good faith by Sierra Capital Management. However, in the event that any third party considers that third party’s intellectual and/or industrial property rights have been infringed, Sierra Capital Management can be notified thereof through a communication addressed to the registered address of Sierra Capital Management indicated above.
Withdrawal and suspension of service.- Sierra Capital Management may withdraw or suspend at any time and without needing to provide prior notice the provision of the services offered through the Website to those users who fail to comply with the provisions of this Legal Notice.
Duration and termination.- The existence of the Website, as well as the provision of the services offered on the Website, is in principle of indefinite duration. However, Sierra Capital Management is entitled to terminate or suspend the provision of the aforementioned services and cancel the Website at any time. Where reasonably possible, Sierra Capital Management shall give prior notice to the users about the termination or suspension of the Website as well as, as the case may be, the services offered on it.
Applicable law and jurisdiction.- All legal matters at issue related to the use of this Website shall be subject to Spanish legislation, and the Courts of the city of Madrid shall be competent to resolve any issues that may arise or proceedings brought deriving from the provision of the services and/or contents of the Website as well as on construal, application, performance and/or non-performance of the provisions herein, unless a different jurisdiction should be laid down by mandatory rule.
This Legal Notice and Conditions of Use was updated in May 2018.