Legal Notice

 

Company Name: Prosilva S.A.

Commercial Name: Prosilva

Registered Office: Cno. Gausa s/n, 46500 Sagunto (Spain)

CIF: A-46431953

Phone: +34 962660822

Fax: +34 962660822

E-Mail: administracion@prosilvasa.com

Registered in the Register: Registro Mercantil de Valencia, Tomo 4049, Libro 1361, Folio 172, Hoja V-18422

Domain name: www.prosilvasa.com

General conditions of use

The website www.prosilvasa.com (hereinafter, the “Website”) is the property of Prosilva S.A., with registered offices at Cno.Gausa s/n, 46500 Sagunto (Valencia) and C.I.F nº A-46431953.

Prosilva S.A welcomes you and invites you to carefully read the General Conditions of Use of this Web Site (hereinafter, the “General Conditions of Use”) that describe the terms and conditions that will be applicable to your browsing through it, in accordance with the provisions of the applicable Spanish regulations. Given that Prosilva S.A. may modify these Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

In order to ensure that the use of the Website complies with criteria of transparency, clarity and simplicity, Prosilva S.A. informs the User that any suggestion, doubt or query regarding the General Conditions of Use will be received and resolved by contacting by telephone or fax: 00 34 962660822, or at the following e-mail address: administracion@prosilvasa.com”.

1.Purpose

Prosilva S.A. provides the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Web Site or its use in any form grants you the qualification of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, Prosilva S.A. reserves the right to modify them at any time. Consequently, it will be the responsibility of every User to carefully read the General Conditions of Use in force on each of the occasions on which he/she accesses this Web Site, so if the latter does not agree with any of the aforementioned, he/she must abstain with respect to the use of this Web Site.

Likewise, you are warned that, on occasions, special conditions may be established for the use of specific contents and/or services on the Web Site, the use of said contents or services will imply acceptance of the particular conditions specified therein.

2.Services

Through the Website, www.prosilvasa.com offers Users the possibility of accessing a large number of (hereinafter the “Services”).

  1. Privacy and Data Processing

When for access to certain contents or services it is necessary to provide personal data, Users will guarantee their veracity, accuracy, authenticity and validity. Prosilva S.A. will give these data the corresponding automated treatment according to their nature or purpose, in the terms indicated in the Legal Notice section.

  1. Industrial and Intellectual Property

The User acknowledges and accepts that all the contents shown on the Website and in particular, designs, texts, 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 distinctive signs, all industrial and intellectual property rights on the contents and/or any other elements inserted in the page, which are the exclusive property of Prosilva S.A. 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 in any other way publicly communicate, transform or modify such content keeping Prosilva S.A. harmless from any claim arising from the breach of such obligations. In no case does access to the Website implies any type of waiver, transfer, licence or total or partial cession of said rights, unless the contrary is expressly established. The present General Conditions of Use of the Web Site do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Web Site and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to prior express authorization specifically granted for this purpose by Prosilva S.A. or the 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 on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyrights by intellectual property legislation. Prosilva S.A. is the owner of the elements that make up the graphic design of the Web Site, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Site or, in any case, has the corresponding authorisation for the use of said elements. The content available on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or in any medium, unless it has the prior written permission of the Entity.

Likewise, it is forbidden to delete, evade and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Web Site undertakes to respect the rights stated and to avoid any action that could harm them, reserving in any case Prosilva S.A. the exercise of whatever means or legal actions correspond to it in defence of its legitimate intellectual and industrial property rights.

  1. Website User Obligations and Responsibilities

The User undertakes to:

  1. a) To make adequate and lawful use of the Website as well as of the contents and services, in accordance with: (i) the legislation applicable at eveery time; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order.
  2. b) Be provided with all the means and technical requirements necessary to access the Website.
  3. c) To provide truthful information by filling in the forms contained in the Website with their personal data and to keep them updated at all times so as to respond, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to Prosilva S.A. or third parties for the information provided.

Notwithstanding the provisions of the previous paragraph, the User must also abstain from:

  1. a) Make unauthorized or fraudulent use of the Website and / or content for illegal purposes or effects, prohibited in these Terms of Use, harmful to the rights and interests of others, or in any way can damage, disable, overburden, impair or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.
  2. b) Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.
  3. c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
  4. d) Introduce or spread on the network computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of Prosilva S.A., its suppliers or third parties.
  5. e) Attempt to access, use and/or manipulate the data of Prosilva S.A. third party suppliers and other Users.
  6. f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless the authorisation of the holder of the corresponding rights has been obtained or this is legally permitted.
  7. g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of Prosilva S.A. or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
  8. h) Obtain and attempt to obtain the contents using means or procedures other than those which, 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 found or, in general, those which are habitually used on the Internet because they do not entail a risk of damage or uselessness of the web site and/or contents.
  9. i) In particular, and for merely indicative and not exhaustive purposes, the User undertakes not to transmit, disseminate or make available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

(i) In any way is contrary, disregards or attempts against the fundamental rights and the public liberties recognized constitutionally, in the International Treaties and in the rest of the effective legislation.

 

(ii) Induces, incites or promotes criminal, denigratory, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order.

 

(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.

 

(iv) 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, morality and generally accepted good customs or public order.

 

(v) Induces or may induce an unacceptable state of anxiety or fear.

 

(vi) Induces or incites to get involved in dangerous, risky or harmful practices for the health and the psychic balance.

 

(vii) It is protected by legislation on intellectual or industrial protection belonging to Prosilva S.A. or to third parties without the intended use having been authorised.

 

(viii) Is contrary to honor, personal and family privacy or the image of people.

 

(ix) Constitute any type of advertising.

(x) Include any type of virus or program that impedes the normal operation of the Website.

If, in order to access any of the services and/or contents of the Web Site, you are provided with a password, you are obliged to use it diligently, keeping it secretly at all times. Consequently, it will be responsible for its proper custody and confidentiality, agreeing not to cede it to third parties, temporarily or permanently, or allow access to the aforementioned services and / or content by outsiders. Likewise, it undertakes to notify Prosilva S.A. of any event that may involve an improper use of its password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, as long as the above notification is not made, Prosilva S.A. will be exempted from any responsibility that could derive from the improper use of its password, being of its responsibility any illicit use of the contents and/or services of the Web Site by any illegitimate third party.

If, in a negligent or fraudulent manner, any of the obligations established in these General Conditions of Use are breached, Prosilva S.A. shall be liable for all the damages that may result from said breach for Prosilva S.A.

  1. Responsibilities

Prosilva S.A. does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the MDLT pages, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.

Prosilva S.A. is not responsible for any decisions that may be taken as a consequence of access to the contents or information offered.

Prosilva S.A. may interrupt the service or immediately terminate the relationship with the User if it detects that use of its Web Site or of any of the services offered therein is contrary to these General Conditions of Use. Prosilva S.A. is not liable for damages, losses, claims or expenses arising from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damage, provided that it is so notified. In particular, it shall not be liable for any damages that may arise, among others, from:

(i) 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 by any other cause beyond the control of Prosilva S.A..

(ii) illegitimate intrusions through the use of malicious programs of any type and through any means of communication, such as computer viruses or any other.

 

(iii) undue or inappropriate abuse of the Website.

 

(iv) security or browsing errors caused by a malfunction of the browser or the use of outdated versions of it. The administrators of Prosilva S.A. reserve the right to withdraw, totally or partially, any content or information present on the Website.

Prosilva S.A. excludes any liability for damages of any nature that may be due to the misuse of freely available services and use by Users of the Website. Likewise, Prosilva S.A. is 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 consultation and doubt services. On the other hand, in the event of damage caused by the unlawful or incorrect use of these services, the User may be claimed by Prosilva S.A. for the damage caused.

 

You shall defend, indemnify and hold Prosilva S.A. harmless against any damages arising from claims, actions or demands of third parties as a result of your access to or use of the Website. You also agree to indemnify Prosilva S.A. against any damages arising 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 Website.

 

7.Hyperlinks

The User undertakes not to reproduce in any way, even by means of a hyperlink or hyperlink, the Website of Prosilva S.A., as well as any of its contents, unless expressly authorised in writing by Prosilva S.A.

The Website of Prosilva S.A. includes links to other websites managed by third parties, with the aim of facilitating the User’s access to the information of collaborating and/or sponsoring companies. Accordingly, Prosilva S.A. is not responsible for the content of these websites, nor is it placed in a position of guarantor and/or provider of 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 main page of the Website exclusively for private and non-commercial use. Websites that include links to our Website (i) may not imply that Prosilva S.A. recommends this website or its services or products; (ii) may not misrepresent their relationship with Prosilva S.A. or affirm that Prosilva S.A. has authorised such a link, nor include trademarks, designations, trade names, logos or other distinctive signs of Prosilva S.A.(iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or unlawful; (iv) may not link to any page on the Website other than the home page; (v) must link to the Website’s own address, without allowing the linking website to reproduce the Website as part of its website or within one of its frames or create a browser on any of the pages on the Website or create a browser on any of the pages of the Website. Prosilva S.A. may at any time request the removal of any link to the Web Site, after which it shall immediately proceed to its removal. Prosilva S.A. cannot control the information, contents, products or services provided by other websites that have established links to the Website.

Consequently, Prosilva S.A. does not assume any type of responsibility for any aspect relating to such websites.

  1. Data protection

In order to use some of the Services, Users must first provide certain personal data. To this end, Prosilva S.A. will automatically process Personal Data in compliance with Law 15/1999 of 13 December on the Protection of Personal Data and RD development 1720/2007. To this end, the User may access the policy followed in the processing of personal data as well as the establishment of the purposes previously established, the provisions of the conditions defined in the Data Protection Policy [LINK] that presents Web Site.

  1. Cookies

Prosilva S.A. reserves the right to use “cookie” technology on the Web Site, in order to recognise you as a frequent User and personalise the use you make of the Web Site by pre-selecting your language, or more desired or specific content. The “cookies” used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his/her computer, and do not in themselves provide the user’s personal data.

 

Cookies are files sent to a browser by means of a Web server to record the User’s navigation on the Web Site, when the User allows its reception. At the same time it will be able to eliminate the “cookies” for which it will have to consult the instructions of use of its navigator.

 

Thanks to cookies, it is possible for Prosilva S.A. to recognise the browser of the computer used by the User in order to facilitate contents and offer the navigation or advertising preferences of the User, to the demographic profiles of the Users as well as to measure visits and traffic parameters, control progress and the number of entries.

  1. Duration and termination

The provision of the service of this Website and the other services are in principle of indefinite duration. However, Prosilva S.A. may terminate or suspend any of the portal services. Whenever possible, Prosilva S.A. will announce the termination or suspension of the provision of the given service.

  1. Representations and Warranties

In general, the contents and services offered on the Website are merely informative. Consequently, by offering them, Prosilva S.A. does not grant any guarantee or declaration whatsoever in relation to the contents and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, veracity, accuracy or marketability, except to the extent that such declarations and guarantees cannot be excluded by law.

  1. Force majeure

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

  1. Resolution of controversies. Applicable law and jurisdiction

The present General Conditions of Use, as well as the use of the Web Site, will be governed by Spanish legislation. Any controversy will be resolved before the courts corresponding to the territorial jurisdiction of the registered office of Prosilva S.A.

In the event that any provision of these Terms of Use is unenforceable or invalid under applicable law or as a result of a judicial or administrative ruling, such unenforceability or invalidity will not make these Terms of Use unenforceable or invalid as a whole. In such cases, Prosilva S.A. will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.