This section contains the conditions of use governing your use of the Asoiciación Ocean Sentry website pages at www.oceansentry.org (the “Site”). Please read the Legal wording and the Security and Privacy policy carefully. If you don’t agree with this terms don’t access the website.
Ownership
Pursuant to the provisions set out in Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico [Spanish Act 34/2002, July 11th, Information Society and E-commerce services], please note that the owner of the web site www.oceansentry.org is Asociación Ocean Sentry with registered office in Sant Cugat del Vallès (Barcelona), Paseo de la Torre Blanca 12-14, and Tax Registration no. G65090490, recorded in the Register of Barcelona, Section 1 with Inscription Number 40263 (also referred to as Asociación Ocean Sentry).
Acceptance of legal notice
Access to this web site or its use in any manner implies full acceptance of all the terms contained hereunder. Asociación Ocean Sentry hereby reserves the right to amend the contents of this Notice at any time. Therefore, the User will be solely responsible for reading the current version of this Legal Notice each time he enters the web site; in the event that the User disagrees with any of the terms or conditions set out hereunder, he should refrain from using this web site.
Purpose
By means of its web site www.oceansentry.org Asociación Ocean Sentry provides its Users access to different contents, service, information and data (the ‘contents’) made available by Asociación Ocean Sentry or by third party contents and services providers. Asociación Ocean Sentry hereby reserves the right to modify at any moment the presentation, layout and localisation of the web site as well as the contents, products and services thereunder.
Access Terms
Access to the web site is open to all and free of charge. However, the use of certain services requires prior verification by introducing the user name and password.
When access to certain contents or the use of a specific service requires the use of personal data, the Users or Partners will guarantee that they are reliable, accurate, authentic and currently in force. Asociación Ocean Sentry will conduct the automated treatment of this data as it may be necessary in view of their nature or purpose, subject to the terms and conditions of the Privacy and Security Policy.
Passwords
Asociación Ocean Sentry requires passwords for the access to certain services. The User will be solely responsible for ensuring that these passwords remain confidential. Therefore, he will be solely liable for the contents and activities conducted from his account or with his password and he must adopt the necessary safety measures, for example, undertaking to keep his access code secret or acting prudently when logging out of the community in each session, etc.
Terms of Use
The User hereby agrees to make an adequate and lawful use of the web site and of its contents and services pursuant to the current applicable legislation from time to time, to this Legal Notice, morals and commonly accepted good practices and public policy rules. The User or the Insurer will refrain from:
1. The non-authorised use or fraudulent use of the web site and/or its contents for illegal or prohibited purposes of effects under this Legal Notice which may damage third party rights or interests or which in any manner may damage, invalidate, overload, deteriorate or prevent the normal operation of the services or the documents, files and any contents stored in any computer equipment;
2. Access or try to access restricted resources or areas of the web site without meeting the requirements for such access;
3. Provoke damages in the hardware of software systems of the web site without meeting the requirements for such access;
4. Introduce or disseminate computer viruses in the network or any other software or hardware that may cause damage to the software or hardware of Asociación Ocean Sentry, its suppliers or third parties;
5. Attempt to access, use and/or manipulate data from Asociación Ocean Sentry or from third parties or suppliers;
6. Reproduce, copy, distribute, allow public access by any means of public communication system, transform or modify contents unless the holder of corresponding rights thereof has granted its consent or it is legally allowed;
7. Suppress, conceal or manipulate intellectual or industrial property notices or other data which identify the rights of Asociación Ocean Sentry or third parties incorporated to those contents, or tamper with the technical protection devices or any information mechanisms that may be inserted in the contents;
8. Obtain or attempt to obtain contents using systems or procedures other than the ones which, as the case may be, have been made available to this purpose or which are expressly indicated in the web page where the contents are located or which generally are used on the Internet because they do not entail any risk of damage or shutdown of the web site and/or the contents;
9. In particular, by way of reference only but not limited to the provisions below, the User agrees to refrain from transmitting, disseminating or providing third parties with information, data, contents, messages, graphs, drawings, sound and/or image files, photographs, recordings, software and in general any type of material which are contrary to the laws, moral, public policy and in general to use them in the manner established by these general terms and conditions.
Liability
Operating Liability
Asociación Ocean Sentry does not guarantee on-going access nor adequate viewing, downloading or use of the elements and information included in the web site pages of Asociación Ocean Sentry, which may be prevented, hindered or interrupted by factors or circumstances outside its control.
Asociación Ocean Sentry ensures that the information and documents included in this web site are exact and reliable, however it does not guarantee that they are accurate, exhaustive or current, being fully released from any liability thereof.
Liability for contents not belonging to Asociación Ocean Sentry
Liability or accuracy of contents, information, representations and/or the quality of services or contents offered rests with each user or specific organization which has effectively posted them.
Liability for Damages
Asociación Ocean Sentry will not be held liable for damages, losses, claims or expenses arising from:
1. interferences, interruptions, failures, omissions, telephone breakdowns , delays, blockages or disconnections of the electronic system operation arising from deficiencies, overload or errors in telecommunication lines or networks or for any reason outside the control of Asociación Ocean Sentry.
2. Illegal interference by means of malicious programs of any nature and by any means of communication whatsoever, such as computer viruses or other procedures;
3. Inadequate or undue abuse of the web pages of Asociación Ocean Sentry;
4. Security or surfing errors generated by any malfunctioning of the browser or the use of earlier versions of the same. The administrators of Asociación Ocean Sentry hereby reserve the right of withdrawing fully or in part any content or information in the web. Asociación Ocean Sentry is hereby fully released of any and all damages arising from the use of services and contents by the Users which may arise from information supplied by users to other users about themselves not being accurate, current, exhaustive and/or authentic and in particular, albeit exclusively not limited to, damages of any nature which may arise from impersonating a third party caused by a user in any type of communication made through the portal.
Hyperlinks and Links
Asociación Ocean Sentry will provide the Users and Insurers with hypertext links which allow them to access web sites and/or pages belonging/managed by third parties.
Asociación Ocean Sentry verifies that the contents existing in those pages at the time in which a link to them is created, which it does on good faith, that the contents comply with the applicable legislation. However, under no circumstance will Asociación Ocean Sentry be held liable, approve or consider as its own the products, services, contents, information, data, files, and any material existing in web pages and will not control or be held liable, approve or consider as its own any amendments to the said materials.
Asociación Ocean Sentry does not guarantee and will not be held liable by any account of damages of any nature arising from:
Asociación Ocean Sentry will not be held liable for damages caused to the User or the Insurer following any consultation or use of contents or services offered by a web page which is accessed by any link system included in the portal www.oceansentry.org.Notwithstanding, if it is considered appropriate by Asociación Ocean Sentry due to a judicial or administrative order, it will suppress any links to those web pages which breach the current legislation and/or breach third party rights.
In the event that a User considers that any of the sites included in the search results includes illegal information and wishes such link to be cancelled, he should contact us at the following email address: info@oceansentry.org
Intellectual and Industrial Property
The User hereby acknowledges and accepts that all trademarks, commercial names or distinctive signs, any and all industrial and intellectual property rights concerning the contents and/or any other elements included in the web page are solely owned by Asociación Ocean Sentry and/or third parties who have an exclusive right to use them in commerce.
Under no circumstance will the web site be implicated to make any kind of waiver, conveyance, licence or total or partial assignment of any of those rights, unless otherwise expressly stated. This web site Legal Notice does not grant its Users or Insured Parties any other right of use, modification, exploitation, reproduction, distribution or public dissemination of the web site and/or its Content other than the ones expressly established hereunder. Any other use or exploitation of whatever rights will be subject to prior and express authorization expressly granted to that purpose by Asociación Ocean Sentry or the third party holding the rights in question.
In the event that any User, Insured or third party considers that whatever contents of the web site owned by the Asociación Ocean Sentry breaches its intellectual or industrial property rights, it must submit a communication to info@oceansentry.org with the following information:
Domain names
In the sense of the preceding paragraph, domain names:
And any other ones which may be used to access directly this web site are fully owned by Asociación Ocean Sentry.
Any unauthorized use without the required permission will entail a breach of the rights granted by virtue of their registration and will lead to legal proceedings.
Copyright
Content, texts, photographs, designs, logos, images, software, source code and in general any existing intellectual creation on the site, and the whole site as a multimedia artistic work, are fully protected by copyright legislation concerning intellectual property.
Asociación Ocean Sentry is the proprietor of the elements which make up the graphic design of the web page, menus, navigation buttons, HTML code, texts, images, textures, charts and other content of the web page, or otherwise it has secured the required authorization to use such elements.
The contents included in the aforementioned web page may not be reproduced in full or in part, nor transmitted or recorded by any information retrieval system, under any support or media unless the Entity has granted its prior authorization in writing.
Likewise, its is forbidden to suppress, conceal or manipulate the copyright notice or other data identifying the rights of Asociación Ocean Sentry, as well as the technical protection devices or any other information mechanisms which may be included in these contents.
Personal Use
Asociación Ocean Sentry hereby authorizes the Users and Insured Parties to use, visualize, print, download and store the contents and/or elements included in the web page solely for their own personal use; provided further that they mention the source and/or their author and that where applicable the copyright symbol and/or industrial property notices are adequately displayed copyrights.
It is totally forbidden to use such elements, their reproduction, communication and/or distribution for commercial or profit purposes as well as their modification, alteration or decompilation.
For any use other than the one expressly permitted hereunder it will be necessary to secure prior written consent by the holder of those rights.
Reservation of legal actions
The User of the web site hereby agrees to abide by the aforementioned rights and to avoid any action which may damage them; notwithstanding, Asociación Ocean Sentry hereby reserves its right to exercise any and all legal actions it may be entitled to in order to defend its intellectual and industrial property rights.
Notwithstanding the foregoing, Asociación Ocean Sentry hereby reserves the right to refuse or prevent access to the Portal and/or the services offered without prior notice as it or a third party considers fit to those Users who breach this Legal Notice and/or its particular conditions which, where appropriate, may apply.
Term and Termination
The provisions of services under this web page and all other services related thereto are rendered for an indefinite period of time. Notwithstanding, Asociación Ocean Sentry may terminate or suspend any of the portal services and/or any other Services. Wherever possible, Asociación Ocean Sentry will notify termination or suspension of the service at the web site and of the other Services.
Force Majeure
None of the Parties will be held liable for the lack of performance or delay in the discharge of any of their respective obligations acquired by virtue of this Legal Notice and of the Services provided by Asociación Ocean Sentry, if such default or delay is due to force majeure or an Act of God in the terms established by Spanish case law, i.e., natural catastrophes, failure in transmission of IPIP packages, war, siege, civil disturbances, transport strikes, power failures or any other exceptional measures adopted by the administrative or executive authorities.
Confidentiality
Any and all information which the parties may notify or provide to the other, or which they may have access to, will be treated as confidential and may not be disclosed, shown, reproduced, copied, discussed with third parties or used by any of the parties for other purposes.
Applicable law and jurisdiction
This Legal Notice is governed by Spanish Law. Insofar as the law allows it, the parties here to waive their right to any other jurisdiction they may be entitled to and agree to refer to the jurisdiction of the Courts and Tribunals of the city of Madrid.