Article 10 of the Law 34/2002, of July 11th, of Services of the Society of Information and Electronic Commerce, establishes that the service provider of the society of information is obligated to dispose of the means that allow, either to destinations of the service as the competent organs, to Access via electronic means, permanently, easily, directly and free of charge, to the following information:
Domain name: https://www.gureakmarketing.com/es/
Owner: GUREAK MARKETING, S.L.U., merchant with home in Donostia – San Sebastian (Guipuzcoa), Camino de Illarra, 4, inscribed in the Merchant Registry of Guipuzcoa on tome 1340, paper 213, page SS-6820 and with passport B-20158218. (from now, “GUREAK MARKETING”).
Situation, objective and reach
In consequence, before accessing to such contents and/or using such services, the USER must read carefully and, in its case, accept the PARTICULAR CONDITIONS that are regulating in the published version in the moment that the referred Access and/or use has been produced.
Registration of USER and password
When the use of the WEBSITE and/or the Access to certain contents and/or services placed at disposal by GUREAK MARKETING through the WEBSITE, they would require the registration of the USER, he will be responsible of granting true and accurate information to such effect.
Through such registration, which will materialize in the way that in every moment has established to effect by GUREAK MARKETING, they will assign the USER (i) a “log” identifier; and (ii) a password, that will allow him to login, at any moment, as registered user on the WEBSITE.
The USER will be obligated to the diligent use of the identifier and password assigned and will be responsible of the appropriate custody and confidentiality of such, compromising himself to not cease their use to third people, either temporally or permanently, and not allowing their Access to external people.
In case of robbery, loss or non-authorized Access to their identifier and password, the USER will be responsible of notifying immediately to GUREAK MARKETING of such circumstance to the goal that these will proceed to its cancellation. In no case GUREAK MARKETING will be responsible of actions made by non-authorized third parties that use the identifier and password of the USER while not producing the referred notification from the USER.
Economic conditions of Access and use of the WEBSITE
Unless, in its case, it disposes anything else in the PARTICULAR CONDITIONS, the Access to the WEBSITE and their contents are free of charge, except in reference to the cost of Internet connection from telecommunications that the USER has contracted with their provider.
Rights of Industrial and Intellectual Property
All rights of Industrial and Intellectual Property about the WEBSITE are legally reserved and the Access to such or their use by the USER, must not be considered, in any way as the granting of any license of use or right over any active which ownership or property corresponds to GUREAK MARKETING and/or to any third parties. The following reserve of rights reaches either (i) the external appearance (look and feel) and the code, design and structure of browsing on the WEBSITE; as of (ii) the contents in which at any format can be included or distributed through the WEBSITE and, especially, to whichever catalogues, programs and posters that GUREAK MARKETING includes on the WEBSITE.
The inclusion on the WEBSITE of references to commercial names, brands, logos or any distinctive signs, registered or not, either by ownership of GUREAK MARKETING or any third party, are subject to the prohibition of use of such without the express consent of GUREAK MARKETING or their rightful owners.
In consequence, the USER will only be able to visualize and use contents and services put at disposal through the WEBSITE with strictly personal and private character, and as long as there is no end of developing commercial or professional actions with such contents and/or services.
Therefore, it remains forbidden decompiling, disassembling, making reverse engineering, sublicensing or transmitting in any way, translating or making derivate works of the necessary computer programs for the working, Access or use of the WEBSITE. The USER must abstain in any case of suppressing, alter, elude or manipulate any device of protection or security systems that can be installed on the WEBSITE.
Responsibility and warranty
Whoever uses the WEBSITE, does it at their own risk. The USER, through their access to the WEBSITE, is obligated to (i) not carrying any action that could damage the image, interests or rights of GUREAK MARKETING or third parties or could damage, disuse or overcharge the WEBSITE or could impede, in any way, the normal use of such; and (ii) using in a manner plainly conforming with Legislation and the uses of traffic.
In consequence, the USER will respond, towards GUREAK MARKETING and/or towards third parties of any damages or perjuries that can be caused as consequence of the breaking of such obligations.
GUREAK MARKETING adopts the security measures that are considered pertinent for maintaining the correct functionality of the WEBSITE and detecting the existence of viruses and damaging components. However, the USER must be aware that the security measures of computer systems online are not entirely trustworthy and that, therefore, GUREAK MARKETING can’t guarantee (i) the continuous availability of contents and services gathered on the WEBSITE; (ii) the absence of errors in such contents neither the correction of any defect that can take place; (iii) the inexistence of viruses or other damaging elements that can produce alterations in computer systems (software and hardware) of the USER or in their electronic documents and files contained in such; nor (iv) the infallibility of the adopted security measures.
Therefore, GUREAK MARKETING reserves the right of interrupting partially or totally the service, temporally or definitively, towards technical changes or damages, communicating previously, if possible, through the WEBSITE or any other media enabled to such effect.
Through the WEBSITE, GUREAK MARKETING puts at disposal of the USER technical link devices (such as buttons, links and banners) that can drive the USER to other sites or portals online owned and/or managed by third parties and for which GUREAK MARKETING doesn’t exercise any type of control (from now, “LINKED SITES”).
GUREAK MARKETING doesn’t know nor control in any manner the contents or services included in the LINKED SITES, and the inclusion of an Access to such through the WEBSITE doesn’t imply, in any case, (i) that GUREAK MARKETING recommends or approves the contents or services hosted on the LINKED SITES; and/or (ii) that there is any type of relation, collaboration or dependency between GUREAK MARKETING and the responsible of the LINKED SITE.
In consequence, GUREAK MARKETING does not assume any type of responsibility relative to the LINKED SITES, and therefore, does not respond to their functionality, contents and services hosted in them, nor of links contained in such LINKED SITES.
In the case that the USER has effective knowledge of the illicity or inappropriacy of the contents, services or any other activities developed through a LINKED SITE, it must be communicated immediately to GUREAK MARKETING to the effects in which, in its case, these adopt the measures that are considered proper.
It authorizes the establishment of hypertext links (hyperlinks) on other sites or webpages, as long as they’re directed to the homepage of https://www.gureakmarketing.com/en/, or in its case, any other internal page (Deep link) of the WEBSITE and that the corresponding pages appear in a full window and under their respective URL addresses, assuming their total responsibility and risk that can derivate by establishing the hyperlink to the WEBSITE.
In the site or webpage that establishes the hyperlink you will not be able to declare in any way that GUREAK MARKETING has authorized such hyperlink, unless GUREAK MARKETING has expressly and by written word done it.
If the third party that introduces the hyperlink in their site or webpage would wish to include in it the brand, denomination, commercial name, label, logo or any other identifiable element ownership of GUREAK MARKETING and/or referent to the WEBSITE, it must count with that with the prior authorization, expressed and written by GUREAK MARKETING.
Without perjury of what’s said previously, it remains expressly prohibited the presentation of a page of the website http://www.gureakmarketing.com/en/ in a window of another website that isn’t owned by GUREAK MARKETING through the denominated “framing”, unless it has the expressed consent of GUREAK MARKETING.
Therefore, it remains expressly prohibited the insertion of any type of content spread through https://www.gureakmarketing.com/en/, in any other site or webpage different to the WEBSITE through the technique known as “in line linking”, if that doesn’t count with the express consent of GUREAK MARKETING.
The establishment of a hyperlink conforming to the previous conditions will not imply, in any case, the existence of relations between GUREAK MARKETING and the owner/responsible of the site or webpage in which such hyperlink is established, nor the agreement or approval of GUREAK MARKETING of their contents and/or services.
In any case, GUREAK MARKETING reserves the right to prohibit or disuse in any moment any hyperlink to the WEBSITE, especially in the cases of illicity of the activity and/or contents of the site and or webpage in which it is included.
LEGISLATION AND APPLICABLE JURISDICTION
For the resolution of any conflict that can derivate from the Access of the WEBSITE, their contents and/or services that GUREAK MARKETING puts at disposal of the USER through the WEBSITE, the USER and GUREAK MARKETING agree to submit expressly yo the Courts and Tribunals of Donostia-San Sebastian, with renounce of any other general or special charter that can correspond