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Legal notice

The website WWW.ABILITYDG.COM (hereafter, the “Website”) is owned by ABILITY DISEÑO GRAFICO, S.L, having C.I.F - B-73192700 and registered in the Registry of Companies of Murcia, Tomo MU-1896, Folio 69, Hoja MU-39145, with registered office in POLI. INDU. LA SERRETA, C/ JAMAICA S/N, C.P-30.500 MOLINA DE SEGURA, MURCIA.

ABILITY DISEÑO GRAFICO, S.L welcomes you and advises to carefully read the General Conditions of Use of this website (hereafter, “General Conditions of Use”), where the terms and conditions that will apply when you browse this website are described, in accordance with the applicable Spanish regulations. ABILITY DISEÑO GRAFICO, S.L may modify these Conditions of Use in the future and therefore, we advise you to read them regularly so as to be timely informed of any changes.

In order to achieve that the Website conforms to clear, straightforward and transparent criteria, ABILITY DISEÑO GRAFICO, S.L informs the User that any suggestions, questions or queries regarding the General Conditions of Use can be submitted to ABILITY DISEÑO GRAFICO, S.L at tel. 968 968 643 860, fax 968 616 051; or at the e-mail: juana@abilitydg.com

  1. Purpose

ABILITY DISEÑO GRAFICO, S.L provides the content and services that are available in the Website, subject to these General Conditions of Use and the policy on personal data processing (hereafter, “Data Protection Policy”). When you access or use this Website in any way you become an “User”, which implies the unreserved acceptance of all and each of these General Conditions of Use; ABILITY DISEÑO GRAFICO, S.L reserves the right to modify them at any time. Therefore, every User is responsible for carefully reading the General Conditions of Use applicable in each of the instances in which this Website is accessed, so that if the User does not agree with any of the these, he/she must refrain from using this Website.

Likewise, the User is advised that, in some instances, particular conditions for the use of specific services and/or content in the Website may be established, and the use of such content or services implies the acceptance of the particular conditions specified therein.

  1. Services

Through the Website, ABILITY DISEÑO GRAFICO, S.L offers the Users the possibility of accessing information related to the company, products and/or services offered through the website, location and contact details.

  1. Privacy and Data Processing

In the instances where the User must provide personal data for accessing certain content or services, the User will guarantee its veracity, accuracy, authenticity and validity. ABILITY DISEÑO GRAFICO, S.L will apply to such data the relevant automated processing according to its nature or purpose, with accordance to the terms set forth in the section “Data Protection Policy”.

  1. Intellectual and industrial property

The User acknowledges and accepts that all content shown in the Website and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other features that could potentially be used industrially and/or commercially, are subject to Intellectual Property rights, and all trademarks, trade names or distinctive features, as well as all industrial and intellectual property rights related to the content and/or any other components contained in the website, are exclusive property of ABILITY DISEÑO GRÁFICO, S.L and/or third parties, who have the exclusive right to use them in the course of trade. For this reason, the User undertakes not to reproduce, copy, share, make available or in any other way publicly communicate, transform or modify such content, holding ABILITY DISEÑO GRAFICO, S.L harmless against any claim arising due to failure to meet such obligations. In no case the access to the Website will entail any type of total or partial waiver, transfer, licence or assignment of such rights, unless expressly otherwise specified. These General Conditions of Use of the Website do not grant the Users any other right of use, alteration, commercialization, reproduction, distribution or public communication of the Website and/or its content unless expressly set forth herein. Any other use or commercialization of any rights will be subject to the prior express authorization specifically granted for this purpose by ABILITY DISEÑO GRAFICO, S.L or the third party owning the rights concerned.

The content, texts, photos, designs, logos, images, computer programs, source codes and, generally, any intellectual creation contained in this site, as well as the site itself as a whole as multimedia artwork, will be protected by copyright under intellectual property laws. ABILITY DISEÑO GRAFICO, S.L, is the owner of the components that make up the graphic design of the Website, menus, browser buttons, HTML code, texts, images, textures, graphs and any other content of the Website or, in any case, is authorized to use such components. The content displayed in the Website shall not be reproduced, either partially or in full, neither transmitted nor registered by any system of information recovery, in any way or by any means, unless prior written authorization has been granted by the mentioned Entity.

Likewise, it is forbidden to remove, circumvent and/or manipulate the "copyright", as well as the technical devices for protection, or any mechanism of information that may contain the content. The User of this Website undertakes to abide by the rights set forth therein and to avoid any action that could harm them, and ABILITY DISEÑO GRAFICO, S.L. always reserves the right to exercise whatever means or legal actions at its disposal to defend its lawful intellectual and industrial property rights.

  1. Obligations and Responsibilities of the User of the Website

The User undertakes:

  1. a) To make appropriate and lawful use of the Website, as well as the content and services, in accordance with: (i) the applicable law at any time; (ii) the General Conditions of Use of the Website; (iii) the ethics and the generally accepted principles of morality and (iv) the public peace.
  2. b) To provide himself/herself with all the means and technical requirements needed to access the Website.
  3. c) To provide accurate information when completing the Website forms with personal data, and to maintain them updated at all time, such that at any time, the actual situation of the User is reflected. The User will be the only person responsible for the false or inaccurate statements made by him/her, as well as for the damages caused to ABILITY DISEÑO GRAFICO, S.L or third parties due to the information provided.

Notwithstanding the section above, the User also must refrain from:

  1. a) Making unauthorised or fraudulent use of the Website and/or its content for unlawful purposes or effects forbidden in these General Conditions of Use, detrimental to the rights and interests of third parties, or that in any way may harm, disable, overload, deteriorate or prevent the normal use of the services or documents, files and all type of content stored in any hardware.
  2. b) Accessing or trying to access restricted areas or resources of the Website, without fulfilling the conditions required for such access.
  3. c) Causing damages to the physical or logical systems of the Website, its suppliers or third parties.
  4. d) Introducing or sharing on-line computer virus or any other physical or logical systems that may potentially harm the physical or logical systems of ABILITY DISEÑO GRAFICO, S.L., its suppliers or third parties.
  5. e) Trying to access, using and/or manipulating the data of third-party suppliers and other Users of ABILITY DISEÑO GRAFICO, S.L.
  6. f) Reproducing or copying, sharing, allowing the access of members of the public through any form of public communication, transforming or modifying the content, unless the User has been authorized by the owner of the relevant rights or this is legally permitted.
  7. g) Removing, hiding or manipulating notes on intellectual or industrial property rights and other identifying data of the rights of ABILITY DISEÑO GRAFICO, S.L or third parties incorporated to the content, as well as the technical devices for protection or any mechanism of information that could be introduced in the content.
  8. h) Obtaining and trying to obtain the content using for this end means or procedures other than those, as the case may be, made available for this purpose or expressly specified in the websites displaying the content or, in general, other than those usually employed in the Internet for not entailing a risk of harm or disablement of the website and/or the content.
  9. i) In particular, for information only and without being exhaustive, the User undertakes not to transmit, share or otherwise make available to third parties information, data, content, messages, graphs, draws, audio files and/or image files, photos, footage, software and, generally, any type of material that:

(i) In any way is contrary to, belittles or undermines the fundamental rights and civil liberties set forth in the Constitution, the International Treaties and the remaining governing law.

(ii) Induces, incites or promotes actions that are criminal, denigrating, defamatory, violent or, generally, contrary to the law, the ethics, the generally accepted principles of morality or the public peace.

(iii) Induces, incites or promotes actions, attitudes or thoughts which are discriminatory on the basis of gender, race, religion, convictions, age or condition.

(iv) Includes, makes available or allows access to products, components, messages and/or services that are criminal, violent, offensive, harmful, degrading or, generally, contrary to the law, the ethics, the generally accepted principles of morality or the public peace.

(v) Induces or is able to induce an unacceptable state of anxiety or fear.

(vi) Induces or incites to get involved in practices that are dangerous, risky or harmful for the health and the psychological well-being.

(vii) Is protected by intellectual or industrial property rights belonging to ABILITY DISEÑO GRAFICO, S.L or third parties, without such use having been authorized.

(viii) Goes against the honour, the personal and family privacy or the image of individuals.

(ix) Is any type of advertising.

(x) Includes any type of virus or programme that prevents the normal operation of the Website.

If for accessing some of the services and/or content of the Website the User is provided with a password, the User is required to use it carefully, keeping it secret at all times. Therefore, the User is responsible for its appropriate care and confidentiality, undertaking not to transfer it to third parties, either temporarily or permanently, or to allow the access to such services and/or content by outsiders. Similarly, any fact that could lead to a misuse of your password, such as, but not limited to, its theft, loss or unauthorized access, must be reported to ABILITY DISEÑO GRAFICO, S.L with the purpose of proceeding to its immediate cancellation. Accordingly, for as long as such notice is not made, ABILITY DISEÑO GRAFICO, S.L will remain exempt from any responsibility that may arise from the misuse of the password, and the User shall be liable for any unlawful use of the content and/or services of the Website by any unauthorized third party.

If, through negligence or wilfully, the User failed to meet any of the obligations set forth in these General Conditions of Use, the User shall be liable for all damages that such breach may cause to ABILITY DISEÑO GRAFICO, S.L

  1. Liability

ABILITY DISEÑO GRAFICO, S.L does not guarantee the continuous access, neither the correct visualization, downloading or usefulness of the components and information contained in the Website, that may be impeded, hindered or interrupted by factors or circumstances outside its control.

ABILITY DISEÑO GRAFICO, S.L shall not be liable for the decisions that may be implemented as a result of the access to the content or information offered.

ABILITY DISEÑO GRAFICO, S.L may interrupt the service or immediately dissolve the relationship with the User if a use contrary to these General Conditions of Use of its Website or any of the services offered in the Website is detected. ABILITY DISEÑO GRAFICO, S.L shall not be liable for any damages, losses, claims or expenses arising from the use of the Website. It shall only be liable for removing, as soon as possible, the content that may lead to such damages, provided that this is reported. In particular, it shall not be liable for the damages that may arise, inter alia, from:

(i) interferences, interruptions, failures, omissions, telephone line malfunctions, delays, blockages or disconnections in the operation of the electronic system driven by deficiencies, power surges and errors in the telecommunication networks and lines, or for any other cause outside the control of ABILITY DISEÑO GRAFICO, S.L

(ii) unauthorized intrusion by use of malware of any type and by any means of communication, such as computer virus, etc.

(iii) undue or inappropriate use of the Website.

(iv) errors of safety or browsing resulting from the malfunctioning of the browser or the use of outdated versions of the browser. The administrators of ABILITY DISEÑO GRAFICO, S.L reserve the right to withdraw, in full or partially, any content or information displayed in the Website.

ABILITY DISEÑO GRAFICO, S.L shall not be liable for damages of any type that may arise from the misuse of the freely available services and the use by the Users of the Website. Likewise, ABILITY DISEÑO GRAFICO, S.L shall be released from any liability for the content and information that may be received as a consequence of the data collection forms, with the only purpose of these forms being the provision of services related to queries and questions. On the other hand, in the event of damages due to unlawful or inappropriate use of such services, ABILITY DISEÑO GRAFICO, S.L may present a claim against the User for the damages caused.

The User agrees to defend, indemnify and hold ABILITY DISEÑO GRAFICO, S.L harmless against any damages arising from claims, actions or lawsuits of third parties as a result of accessing the Website or using it. Likewise, the User agrees to indemnify ABILITY DISEÑO GRAFICO, S.L for any damages arising due to use of “robots”, “spiders”, “crawlers” or similar tools for data extraction or collection by the User, or any other action from its part that place an unreasonable burden on the operation of the Website.

  1. Hyperlinks

The User undertakes not to reproduce in any way, not even through a hyperlink, the Website of ABILITY DISEÑO GRAFICO, S.L, neither its content, without the express written authorization of ABILITY DISEÑO GRAFICO, S.L

The Website of ABILITY DISEÑO GRAFICO, S.L includes links to other websites managed by third parties, with the purpose of helping the User to access the information of collaborating and/or sponsoring companies. ABILITY DISEÑO GRAFICO, S.L shall not be liable for the content of such websites, neither is a guarantor or an offering party of the services and/or information that may be offered to third parties via third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the homepage of the Website exclusively for personal and non-commercial use. The websites including a link to our Website (i) are not allowed to imply that ABILITY DISEÑO GRAFICO, S.L recommends that website or its services or products; (ii) are not allowed to misrepresent its relationship with ABILITY DISEÑO GRAFICO, S.L or claim that ABILITY DISEÑO GRAFICO, S.L has authorized such link, or include trademarks, designations, trade names, logos or other distinctive features of ABILITY DISEÑO GRAFICO, S.L ; (iii) are not allowed to include content that may be considered tasteless, obscene, offensive, contentious, or that incites violence or discrimination on the grounds of gender, race or religion, or is contrary to the public peace or unlawful; (iv) are not allowed to link to any page of the Website other than the homepage; (v) must link with the address itself of the Website, without allowing the website creating the link to reproduce the Website as part of its website or inside one of its “frames”, or to create a “browser” on any of the pages of the Website. ABILITY DISEÑO GRAFICO, S.L may request, at any time, that you remove any link to the Website, after which you must immediately proceed to its removal. ABILITY DISEÑO GRAFICO, S.L cannot control the information, content, products or services provided by other websites that have links to the Website.

Therefore, ABILITY DISEÑO GRAFICO, S.L shall not be liable for any aspect related to such websites.

  1. Data protection

In order to use some of the Services, the Users must first provide certain personal data. To that end, ABILITY DISEÑO GRAFICO, S.L will process the Personal Data in an automated manner in accordance with the Personal Data Protection Law 15/1999 of 13th December and the RD 1720/2007 of development. To that end, the User can access the policy applied to the processing of personal data, as well as the establishment of the previously specified purposes, in accordance with the conditions set forth in the Privacy Policy of the Website.

  1. Term and termination

The provision of the service by this Website and the other services are, in principle, of an indefinite duration. However, ABILITY DISEÑO GRAFICO, S.L will be able to terminate or suspend any of the services of the web portal. When this is possible, ABILITY DISEÑO GRAFICO, S.L will announce the termination or suspension of the provision of the service concerned.

  1. Representations and Warranties

Generally, the content and services offered in the Website are for information only. Therefore, by offering them, ABILITY DISEÑO GRAFICO, S.L makes no warranty or representation whatsoever in relation to the content and services offered in the Website, including, but not limited to, warranties of lawfulness, reliability, usefulness, veracity, accuracy, or marketability, except to the extent that such representations and warranties cannot be excluded by law.

  1. Force Majeure

(to be completed) shall not be liable in the event of inability to provide the service, if this is due to protracted interruptions of the electric supply, telecommunication lines, social unrest, strikes, rebellion, explosions, floods, acts and omissions of the Government, and generally, all cases of force majeure or unforeseen circumstances.

  1. Settlement of disputes Governing law and jurisdiction

The present General Conditions of Use, as well as the use of the Website, will be governed by the Spanish laws. Any dispute will be settled before the courts with jurisdiction in the address of the Website’s owner.

In the event that any condition of these General Conditions of Use was rendered unenforceable or null under the applicable law, or as a result of a court or administrative order, such unenforceability or nullity will not render these General Conditions of Use unenforceable or null in their entirety. In such cases, ABILITY DISEÑO GRAFICO, S.L will proceed to the modification or replacement of such provision with a valid and enforceable one that, to the extent possible, attains the objective and purport reflected in the original provision.

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