Legal Notice

1. LEGAL INFORMATION AND ACCEPTANCE

The present provisions regulate the use of the service of the Internet portal www.tulipannegro.es (hereinafter, the ‘Portal’) that BRISEIS S.A. makes available to Internet users.

Pursuant to Art. 10 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce (LSSI-CE), we hereby inform you that the website www.tulipannegro.es belongs to:

  • BRISEIS S.A., with CIF A28027647 and address at Ctra. Nacional 340, km 449,5 04410 Benahadux (Almería) and telephone 950 311 100
  • Registered in the Mercantile Registry of Almeria, Volume 1087, Folio 75, Page Al-26549 2nd Inscription, Date 18-8-06.
  • email: briseis@briseis.com

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. The use of the Portal attributes the condition of user of the Portal (hereinafter, the ‘User’) and implies 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 may be subject to special conditions, regulations and instructions which, if applicable, 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

All the contents of the Portal, understood by these merely by way of example, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the ‘Content’), are the intellectual property of BRISEIS. or third parties, and none of the exploitation rights recognized by the current legislation on intellectual property on them may be understood to be transferred to the User, except those that are strictly necessary for the use of the Portal.

The trademarks, trade names or distinctive signs are owned by BRISEIS. or third parties, without it being understood that access to the Portal attributes any right over such trademarks, trade names and / or distinctive signs.

3. CONDITIONS OF USE OF THE PORTAL

3.1 GENERAL

The User undertakes to make proper use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to BRISEIS. 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 property or interests of BRISEIS. or third parties or in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or products and applications (software) of BRISEIS. or third parties.

3.2 CONTENTS

The User agrees 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 current legislation, shall refrain from:

a) Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in the cases authorized by law or expressly consented by BRISEIS. or by whoever holds the ownership of the exploitation rights in its case.

b) 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.

c) Extract and/or reuse all or a substantial part of the Contents of the Portal.

3.3 DATA COLLECTION FORMS

Without prejudice to the provisions of clause 5 of this Legal Notice, as well as the privacy policies accessible from the Portal and that may be applicable at any time, the use of certain services or requests addressed to BRISEIS. are conditioned to the prior completion of the corresponding form.

All the information that the User facilitates across the forms of the Portal to the previous effects or any others, will have to be veracious. To these effects, the User guarantees the authenticity of all those data that he communicates and will keep the information facilitated to BRISEIS. perfectly updated so that it responds, at all times, to the real situation of the User. In any case the User shall be solely responsible for any false or inaccurate statements made and the damages caused to BRISEIS. or third parties for the information provided.

3.4 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 the ignorance of these conditions avoiding the responsibilities derived from the Law:

a) The link will only link to the home page or main page of the Portal, but may not reproduce it in any way (inline links, copy of texts, graphics, etc.).

b) 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 visualization of the Contents through Internet addresses other than those of the Portal and, in any case, when they are displayed together with contents 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 BRISEIS.. . or (IV) in any other way is prohibited by the legislation in force.

c) No false, inaccurate or incorrect statement about BRISEIS, employees, customers or about the quality of the services it provides shall be made from the page that introduces the link.

d) Under no circumstances shall it be expressed on the page where the link is located that BRISEIS has given its consent for the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender.

e) The use of any word, graphic or mixed trademark or any other distinctive sign of BRISEIS within the page of the sender is prohibited except in cases permitted by law or expressly authorized by BRISEIS and provided that, in these cases, a direct link to the Portal is allowed in the manner established in this clause.

f) The page that establishes the link must comply faithfully with the law and may not in any case provide or link to its own or third party content that: (I) are unlawful, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induce or may induce in the User the false conception that BRISEISSE subscribes, endorses, adheres to or in any way supports, ideas, statements or expressions, lawful or unlawful, of any kind.); (II) induce or may induce in the User the false conception that BRISE subscribes, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or irrelevant to the activity of BRISE. in attention to the place, content and theme of the sender’s website.

4. EXCLUSION OF LIABILITY

4.1 OF THE INFORMATION

Access to the Portal does not imply any obligation on the part of BRISEIS to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of general character, reason why the above mentioned information turns out to be insufficient for the taking of personal decisions on the part of the User.

BRISEISIS is not responsible for the decisions taken on the basis of the information provided in the Portal nor for the damages caused to the User or third parties as a result of actions whose only basis is the information obtained in the Portal.

4.2 QUALITY OF SERVICE

Access to the Portal does not imply any obligation on the part of BRISEIS. to control the absence of viruses, worms or any other harmful computer element. It corresponds to the User, in any case, the availability of suitable tools for the detection and disinfection of harmful computer programs.

BRISEIS is not responsible for the damages produced in the computer equipments of the Users or of third parties during the provision of the service of the Portal.

4.3 SERVICE AVAILABILITY

Access to the Portal requires services and supplies of third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to BRISEIS. 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.

BRISEISIS is not responsible for damages of any kind produced in the User that are caused by failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the service of the Portal during the provision of the same one or with previous character.BRISEIS is not responsible for damages of any kind produced in the User that are caused by failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the service of the Portal during the provision of the same one or with previous character.BRISEIS is not responsible for damages of any kind produced in the User that are caused by failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the service of the Portal during the provision of the same one or with previous character.

4.4 OF THE CONTENTS AND SERVICES LINKED THROUGH THE PORTAL

The service of access to the Portal may include 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, BRISEIS will act as provider of intermediation services in accordance with article 17 of the Law 34/2002, of July 12, of Services of the Society of the Information and the Electronic Trade (‘LSSI’) and will only be responsible for the contents and services supplied in the Linked Sites in the measure in which it has effective knowledge of the illicitness and has not deactivated the link with the due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content may notify BRISEIS 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.

In no case, the existence of Linked Sites must presuppose the existence of agreements with the responsible or holders of the same ones, nor the recommendation, promotion or identification of BRISEIS with the manifestations, contents or services provided.

BRISEISIS does not know the contents and services of the Linked Sites and therefore is not liable for damages caused by the unlawfulness, quality, unavailability, error and uselessness of the contents and / or services of the Linked Sites or for any other damage not directly attributable to BRISEIS.

5. PROTECTION OF PERSONAL DATA

For more information about the processing of your personal data on the Portal, please refer to the Privacy Policy.

6. REPORTING OF ACTIVITIES OF AN ILLEGAL 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 BRISEIS S.A. indicating the following points:

a) Personal data of the caller: name, address, telephone number and e-mail address;

b) Description of the facts that reveal the illicit or inadequate nature of the Linked Site;

c) 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. 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;

d) Express declaration that the information contained in the claim is accurate.

The reception by BRISEIS. of the communication foreseen in this clause will not suppose, according to the arranged thing in the LSSI, the effective knowledge of the activities and/or contents indicated by the communicating one.

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.

7. LEGISLATION

This Legal Notice is governed in each and every one of its ends by Spanish law.