Legal Disclaimer

1. Legal information and acceptance

These terms and conditions (hereinafter, the "Legal Disclaimer") govern the use of the service of the internet website am3640.es (hereinafter, the “Website”) that REX-SPAIN-ZHDL S.L. (hereinafter, the “Company”) provides to internet users.

The Company, with its registered office situated at VIA AUGUSTA 200, 08021, BARCELONA and V.A.T. No. B66482795, is registered at the Companies Register of Barcelona, Volume 44874, Sheet 120, Page 464624, at Entry No.: 13. Email address: jose.conesa@vistra.com.
Access to the website is free of charge except in relation to the cost of the internet connection via the telecommunications network provided by the internet service provider contracted by users. Certain services are exclusive to our customers and accordingly access thereto is restricted.

The use of the Website attributes the status of user of the Website (hereinafter, the “User”) and implies that the User accepts all of the terms and conditions included in this Legal Disclaimer. The provision of the service of the Website has a limited duration when the User is connected to the Website or any of the services provided through the Website. Therefore, the User must read this Legal Disclaimer carefully in each of the occasions in which he or she proposes to use the Website, by reason that the terms of this Legal Disclaimer and the terms of use of the Website may be modified.

Some services of the Website accessible to internet users or exclusive to the customers of the Company may be subject to particular conditions, regulations, and instructions that, if necessary, replace, complete and/or modify this Legal Disclaimer and that must be accepted by the User before the commencement of the provision of the corresponding service.

2. Intellectual and industrial property

All the contents of the Website, understood to mean, by way of illustration however not limited to texts, photographs, graphics, images, icons, technology, software, links and other audio-visual or sound content, as well as their graphic design and source codes (hereinafter “Contents”), are the intellectual property of the Company or of third parties, without any of the rights of use thereof as provided for under applicable intellectual property regulations being deemed to be assigned to the User beyond that which is strictly necessary for the correct use of the Website.

Trademarks, trade names or distinctive signs are owned by Company or third parties, without access to the Website being understood to attribute any rights whatsoever in respect of said marks, trade names and/or distinctive signs.

3. Terms of use of the website

3.1 General

The User hereby agrees to adequately and correctly use the Website in accordance with applicable law and this Legal Disclaimer. The User will be held liable vis-à-vis the Company and third parties, in respect of any losses or damages that could be caused as a result of the breach of said obligation.
It is expressly prohibited to use the Website for purposes that are harmful to the goods or interests of the Company or any third parties or that in any way overload, damage or render useless the networks, servers and other computer equipment (hardware) or products and computer applications (software) of the Company or third parties.

3.2 Contents

The User agrees to use the Contents in accordance with applicable law and this Legal Disclaimer, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of Clause 1. Merely by way of illustration, however not limited to, the User, in accordance with current legislation, shall abstain from:

a. Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in cases authorised by law or expressly consented to by the Company or by the holder of the rights of use thereof, as the case may be.
b. Reproducing or copying for private use the Contents that may be considered as software or databases in accordance with current intellectual property legislation, as well as the public communication or provision to third parties when said acts necessarily involve the reproduction thereof by the User or by any third party.
c. Extract and/or reuse the totality or a substantial part of the Contents that comprise the Website as well as of the databases that the Company makes available to Users.

3.3 Data collection forms

Without prejudice to the provisions of Clause 5 of this Legal Disclaimer, as well as the terms of the privacy policies accessible from the Website and applicable from time to time, the use of certain services or requests forwarded to the Company shall be conditional upon the prior completion of the corresponding User registration.
All of the information provided by the User via the Website forms for the foregoing purposes or for any other purposes must be true and accurate. For said purposes, the User hereby warrants the authenticity of the data provided thereby and shall keep all of the information provided to the Company up to date such that said information corresponds, at all times, to the actual situation of the User. In any event, the User shall be solely and exclusively liable for any false or inaccurate statements provided thereby and for any losses and damages caused to the Company or any third parties for the information provided thereby.

3.4 Introduction of links to the website

The User who wants to introduce links from their own website to the Website must comply with the following conditions, and any lack of knowledge or understanding thereof shall not excuse the User from his or her corresponding liability provided for under applicable law:

a. The link will only link to the home page of the Website, but you will not be able to reproduce it in any way (online links, copy of texts, graphics, etc).
b. In any event, it will be prohibited, in accordance with the applicable legislation in force from time to time, to establish frames of any kind that encompass or surround the Website or allow the display of the Contents through internet addresses other than that of the Website and, in any case, when viewed in conjunction with non-web content in a way that: (i) produces, or may produce, error, confusion or misrepresentation for users about the true origin of the service or Contents; (ii) involves an act of comparison or unfair imitation; (iii) serves to take advantage of the reputation of the brand and prestige of the Company; or (iv) in any other way is prohibited by applicable legislation.
c. No false, inaccurate, or incorrect information or statement about the Company, or its partners, employees, customers or about the quality of the services provided thereby shall be made from the page that introduces the link.
d. In no event whatsoever shall the page where the link is included state that the Company has provided its consent to the insertion of the link or in any other way sponsors, collaborates, verifies, or supervises the services of the sender.
e. The use of any trademark, graphic or mixed, or any other distinctive sign owned by the Company within the sender’s website is prohibited except in cases permitted by law or expressly authorised by the Company and provided that, in said cases, a direct link with the Website is allowed in the manner established in this clause.
f. The page that establishes the link must faithfully comply with applicable law and must not in any case use or link the Website with its own or any third-party contents that: (i) are illegal, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.); (ii) induce or may induce in the User the false conception that the Company subscribes, supports, adheres to, or in any way supports, the ideas, manifestations or expressions, legal or illegal, of the sender; (iii) are inappropriate or irrelevant with the activity of the Company in regard to the place, contents and subject of the website of the sender.

4. Limitation of liability

4.1 Regarding the information

Access to the Website shall not imply any obligation upon the Company to verify the veracity, accuracy, suitability, adequacy, comprehensiveness or up to date nature of the information provided through the Website. The contents of this Website are generic and do not constitute, in any way whatsoever, the provision of any type of legal or tax advice service whatsoever, and accordingly said information is not sufficient for the adoption of personal or business decisions by the User.
The Company shall not be held liable for any decisions adopted as a result of the information provided on the Website or for any losses and damages caused to the User or any third party as a result of any actions exclusively based upon the information provided on the Website.

4.1 Regarding the quality of the service

Access to the Website shall not imply any obligation upon the Company to control the existence of any virus, worms or any other type of harmful computer element. The User shall, in all circumstances, be responsible for the application of adequate tools for the detection and removal of harmful computer programs.
The Company shall not be held liable for any losses and damages caused to the computer equipment of the Users or any third party during the provision of the service of the Website.

4.1 Regarding the availability of the service

Access to the Website requires third party services and supplies, including transport via the telecommunications networks, the reliability, quality, continuity and functioning of which does not correspond to the Company. Accordingly, the services provided via the Website may be suspended, cancelled or may be inaccessible, prior, or simultaneously to the provision of the service of the Website.
The Company shall not be held liable for any losses and damages whatsoever caused to the User as a result of any failures or disconnections of the telecommunications networks that result in the suspension, cancellation, or interruption of the service of the Website during the provision thereof or prior thereto.

4.4 Regarding the contents and the services linked through the website

The service of access to the Website includes technical link devices, directories and even search tools that enable the User to access other internet pages and sites (hereinafter, the “Linked Sites”). In said cases, the Company acts as the provider of intermediary services in accordance with the provisions of Section 17 of the Information Society and e-Commerce Services Act 34/2002, of 12 July (hereinafter, the “LSSI”) and shall only be held liable for the contents and services provided on the Linked Sites to the extent that the Company has actual knowledge of the unlawfulness thereof and has failed to deactivate the link with the required due diligence. In the event that the User considers that a Link Site exists with unlawful or inadequate content, the User may inform the Company thereof in accordance with the procedure and with the effects provided for under Clause 6, without said notification implying any obligation to remove the corresponding link.
Under no circumstances whatsoever shall the existence of Linked Sites presuppose the existence of any agreements with the owners of said sites, or any recommendation, promotion, or identification of the Company with the statements, content or services provided thereby.
The Company does not have knowledge of the contents and services of the Linked Sites and accordingly shall not be held liable for any losses and damages caused as a result of any unlawfulness, deficient quality, outdated information, unavailability, error or uselessness of the contents and/or services of the Linked Sites or any other damages that are not directly attributable to the Company.

5. Personal data protection

For further information regarding the processing of your personal data on the Website, please read the Privacy Policy.

6. Notification of unlawful or inadequate activities

In the event that the User or any other internet user has knowledge that the Linked Sites redirect to websites the content or services of which are unlawful, harmful, degrading, violent or in contrary to moral standards, said User or internet user may contact the Company and must state the following information:

a. Personal particulars of the notifier: name, address, telephone number and email address.

b. Description of the facts that demonstrate the unlawful or inadequate nature of the Linked Site.

c. In the case of the breach of the rights of third parties, such as intellectual or industrial property rights, it shall also be necessary to provide the personal particulars of the owner or licensee of the right that has been breached when a person other than the notifier. Furthermore, a copy of the instrument must be provided that substantiates the corresponding ownership of the rights and, as the case may be, the legal representation to act on behalf of the owner or licensee when a person other than the notifier.

d. Express declaration that the information contained in the report or claim is correct.

The receipt by the Company of the notification provided for in this clause shall not imply, in accordance with the terms of the LSSI, the effective knowledge thereof of the activities and/or contents set out by the notifier.

Furthermore, a copy of the instrument must be provided that substantiates the corresponding ownership of the rights and, as the case may be, the legal representation to act on behalf of the owner or licensee when a person other than the notifier.

7. Applicable law

This Legal Disclaimer is governed, in all respects, by Spanish law.