Legal Notice

SOM 3 CREACIÓ, responsible for the website, hereinafter RESPONSIBLE, makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce (LSSICE), as well as to inform all users of the website regarding the conditions of use. Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions herein, as well as any other legal provision that may be applicable. SOM 3 CREACIÓ reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or inform users of said obligations, with publication on the SOM 3 CREACIÓ website being understood to be sufficient.

1. Identification data

Company name: SOM 3 CREACIÓ
Commercial name: Eclair
CIF: B67286807
Address: Gran Via Carlos III, nº 94
e-mail: info@eclair.es

2. Object

Through the Web Site, we offer Users the possibility to access information about our services.

3. Privacy and data processing

When access to certain content or service is necessary to provide personal data, Users shall guarantee its truthfulness, accuracy, authenticity and validity. The company will give such data the corresponding automated treatment according to their nature or purpose, in the terms indicated in the Privacy Policy section.

4. Industrial and intellectual property

The User acknowledges and agrees that all content displayed on the Web Site and in particular, designs, text, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to intellectual property rights and all trademarks, trade names or logos, all industrial and intellectual property rights on the contents and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the course of trade. Therefore, the User undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding the company harmless from any claim arising from breach of such obligations. Under no circumstances does access to the Web Site imply any kind of waiver, transmission, license or total or partial transfer of such rights, unless otherwise expressly stated. These General Conditions of Use of the Web Site do not grant Users any other right of use, HR, alteration, exploitation, reproduction, distribution or public communication of the Web Site and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by the company or third party owner of the rights affected. The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyrights by intellectual property legislation. The company is the owner of the elements that make up the graphic design of the Web Site, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Site or, in any case, has the corresponding authorization for the use of such elements. The content provided on the Web Site may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the aforementioned Entity. It is also forbidden to delete, evade and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Web Site undertakes to respect the aforementioned rights and to avoid any action that could damage them, and in any case the company 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.

5. Obligations and responsibilities of the user of the web site

The User agrees to:

To make an appropriate and lawful use of the Web Site as well as of the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Web Site; (iii) generally accepted morals and good customs and (iv) public order.
Provide all the means and technical requirements needed to access the Web Site.
To provide truthful information when filling in the forms contained in the Web Space with their personal data and to keep them updated at all times so that it responds, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and the damages caused to the company or third parties for the information provided.

Notwithstanding the provisions of the preceding paragraph, the User shall also refrain from:

To make unauthorized or fraudulent use of the Web Site and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or prevent the normal use of the services or the documents, files and all kinds of contents stored in any computer equipment.
Access or attempt to access resources or restricted areas of the Web Site, without complying with the conditions required for such access.
Cause damage to the physical or logical systems of the Webspace, its suppliers or third parties.
Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers or third parties.
Attempt to access, use and/or manipulate the data of the company, third party providers and other Users.
Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.
Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties included in the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.
Obtain and attempt to obtain the contents using means or procedures other than those that, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those that are commonly used on the Internet because they do not entail a risk of damage or disablement of the Webspace and/or the contents.
In particular, and merely as an indication and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material which: – In any way is contrary to, disparages or infringes upon the fundamental rights and public liberties recognized constitutionally, in International Treaties and in the rest of the legislation in force.- Induces, incites or promotes criminal, denigratory, defamatory, violent or, in general, contrary to law, morality, generally accepted good customs or public order.- Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition – Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear – Induces or incites to engage in dangerous practices, risky or harmful to health and psychological balance – Is protected by the legislation on intellectual or industrial protection belonging to the company or third parties without having been authorized for the intended use.- Is contrary to the honor, to the personal and family privacy or to the own image of the persons; – Constitutes any type of publicity; – Includes any type of virus or program that prevents the normal operation of the Web Site; – Includes any type of virus or program that prevents the normal operation of the Web Site.

If, in order to access any of the services and/or contents of the Web Site, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or contents by outsiders. Likewise, he/she is obliged to notify the company of any event that may imply an improper use of his/her password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as you do not make the above notification, the company will be exempt from any liability that may arise from the misuse of your password, being your responsibility for any illegal use of the contents and / or services of the Web Space by any illegitimate third party. If, in a negligent or fraudulent manner, you fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise for the company as a result of such non-compliance.

6. Responsibilities

It does not guarantee continued access, nor the correct visualization, downloading or utility of the elements and information contained in the website, which may be impeded, hindered or interrupted by factors or circumstances beyond its control. It is not responsible for the decisions that may be taken as a result of access to the contents or information offered. It may interrupt the service, or immediately terminate the relationship with the User, if it is detected that a use of its Web Site, or any of the services offered therein, is contrary to these General Conditions of Use. We shall not be liable for any damages, losses, claims or expenses arising from the use of the Web Site. We will only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that we are notified. In particular, we shall not be liable for damages that may arise, among others, from:

Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond the control of the company.
Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
Improper or inappropriate abuse of the Web Site.
Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the browser. The webmaster reserves the right to withdraw, in whole or in part, any content or information present on the Web Site.

The company excludes any liability for damages of any kind that may be due to the misuse of the services freely available and use by users of Webspace. It is also exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of the services of consultations and doubts. On the other hand, in case of causing damages due to an illicit or incorrect use of such services, the User may be claimed for the damages caused. You will hold the company harmless against any damages arising from claims, actions or demands from third parties as a result of your access or use of the Web Site. You also agree to indemnify the company against any damages resulting from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Web Site.

7. Hyperlinks

The User undertakes not to reproduce in any way, not even by means of a hyperlink or hyperlink, the Web Site, as well as any of its contents, unless expressly authorized in writing by the person responsible for the file. The Web Site may include links to other web sites, managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such web sites, nor is it placed in a position of guarantor or / or party offering the services and / or information that may be offered to third parties through third party links. The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Web Site exclusively for private and non-commercial use. Websites that include a link to our Webspace (i) may not misrepresent their relationship or state that such a link has been authorized, or include trademarks, names, trade names, logos or other distinctive signs of our company; (ii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or unlawful; (iii) may not link to any page of the Web Site other than the home page; (iv) must link to the address of the Web Site itself, without allowing the Web Site that makes the link to reproduce the Web Site as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Web Site. The Company may request, at any time, that you remove any link to the Web Site, after which you must immediately proceed to remove the link. The company cannot control the information, contents, products or services provided by other Web Sites that have established links to the Web Site.

8. Data Protection

To use some of the Services, the User must previously provide certain personal data. The company will automatically process this data and will apply the corresponding security measures, all in compliance with the RGPD, LOPDGDD and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, under the conditions defined in the Privacy Policy.

9. Cookies

The company reserves the right to use “cookie” technology on the Web Site in order to recognize you as a frequent User and to personalize your use of the Web Site by pre-selecting your language, or more desired or specific content. Cookies collect the user’s IP address and Google is responsible for processing this information. Cookies are files sent to a browser, by means of a Web server, to record the User’s navigation on the Webspace, when the User allows them to be received. If you wish, you can configure your browser to be notified on screen of the reception of cookies and to prevent the installation of cookies on your hard disk. Please consult the instructions and manuals of your browser for more information. Thanks to cookies, it is possible to recognize the browser of the computer used by the user in order to provide content and offer navigation preferences or advertising that the user, the demographic profiles of users and to measure visits and traffic parameters, monitor progress and number of entries.

10. Representations and warranties

In general, the contents and services offered on the Web Site are for information purposes only. Therefore, by offering them, no warranty or representation is given in relation to the contents and services offered on the Web Site, including, but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

11. Force majeure

The company shall not be liable in all cases of impossibility to provide service, if this is due to prolonged interruptions of the electricity supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

12. Dispute resolution. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Web Site, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the registered office of the person responsible for the website. In the event that any provision of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the company will proceed to modify or replace such provision with one that is valid and enforceable and that, to the extent possible, achieves the purpose and intent reflected in the original provision.

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