The clauses listed below make up the framework agreement that all users accessing the http://www.seabirdcapital.es website are obliged to know and accept. For the sole purpose of these general conditions of use, the expression “user” includes any Internet user who accesses the http://www.seabirdcapital.es website, either directly or from any other website. The general conditions of use of the Portal are as follows:
I. Identification of the company
SEABIRD CAPITAL, S.L., a Spanish company with registered office at Calle José Lázaro Galdiano, 4, Planta 7, 28036, Madrid, registered in the Madrid Mercantile Register in Volume 32,401, Folio 30, Section 8, Page M-583,168, 1st entry and with Tax Identification Number B87033668, makes available on its website http://www.seabirdcapital.esinformation on its activities. Its contact address is email@example.com.
II. Purpose of the portal
The service provided by SEABIRD CAPITAL through the Internet portal http://www.seabirdcapital.es consists of making available certain content of an informative nature on its activities.
III. Generic conditions
The services offered by SEABIRD CAPITAL on this website will be governed by the conditions contained in this contract. SEABIRD CAPITAL reserves the right to modify, in whole or in part, these general conditions, being applicable to the new ones agreed from the time of its insertion on the page. In any case, these changes will not have a retroactive effect on the services previously contracted by users.
IV. User access conditions
The user is obliged to use the information contained on the page of the present Internet site exclusively for his own needs and not to carry out directly or indirectly commercial exploitation of the services to which he has access. Any form of plagiarism of these general conditions and their exploitation for commercial use may have legal consequences unless expressly authorized by SEABIRD CAPITAL. The user of the website will have the right to free access to public information contained in it, although SEABIRD CAPITAL reserves the right to restrict access to certain information to its registered customers.
V. Rights of intellectual and industrial property
The rights relating to industrial and intellectual property (by way of illustration and not limitation: trademarks, logos, text, photographs, icons, images, etc., as well as graphic design, source code and other software elements contained on the website http://www.seabirdcapital.es, are the property of SEABIRD CAPITAL and are subject to intellectual and industrial property rights protected by Spanish and international law. It is not allowed to use, reproduce, transmit, manipulate, as well as any use that exceeds a normal and necessary for the visit of the page and the use of the services offered unless prior express wrote permission of SEABIRD CAPITAL. It is expressly warned that the user may not sell, license, rent, or use or exploit such items for commercial purposes (whether or not for profit) or in any way that violates the rights of others.
Access to the services provided does not imply by SEABIRD CAPITAL waiver, transmission or transfer of all or part of the rights derived from intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication of these contents without the prior and express written permission of the respective owners of such rights, without prejudice to the right to view and obtain a private security copy of such content, provided that this right is exercised according to the principles of good faith and provided that the intellectual and industrial property of the holder of such rights remains unaltered, is used for non-commercial purposes and exclusively for the user’s personal information. The responsibility derived from the use of materials protected by the intellectual and industrial property rights contained in this page will correspond exclusively to the user.
VI. Exemption from liability
Access to the website does not imply any kind of guarantee, which is expressly refused by SEABIRD CAPITAL, regarding the quality, truthfulness, accuracy, legality, timeliness or validity, as well as the usefulness or suitability for any purpose of those who access them. Both access to the website and the use that may be made of the information and content included in it or accessible from it is made under the sole responsibility of the user.
SEABIRD CAPITAL will not be responsible in any case and to any extent, neither for direct or indirect damage nor for consequential damage or lost profits, for any damage arising from the use of information and content of the website or accessible from or through it.
SEABIRD CAPITAL does not guarantee in any way the quality, truthfulness, accuracy, legality, timeliness or validity, as well as the usefulness or suitability for any purpose of the contents that make up the website. SEABIRD CAPITAL excludes, to the full extent permitted by law, any liability of any kind for the quality, truthfulness, accuracy, legality, timeliness, validity or usefulness/suitability for any purpose that the user may have attributed to the contents that make up the website.
The web site may contain links to pages that, even within the web site, are under the responsibility of third parties. Likewise, the website may contain links to external pages that are not part of the website. In both cases, SEABIRD CAPITAL can not control or monitor in any way such content. SEABIRD CAPITAL excludes, to the full extent permitted by law, any liability of any kind, arising from the existence or possibility of access to such content.
Also, SEABIRD CAPITAL will not be in any case responsible, even indirectly or subsidiarily, for products or services provided or offered by other persons or entities, or content, information, communications, opinions or statements of any kind originated or poured by third parties and that are accessible through the websites of SEABIRD CAPITAL.
Security and privacy
SEABIRD CAPITAL will reasonably employ the means at its disposal to provide security systems that reasonably protect its systems and the data contained therein against deliberate attacks, malicious software, etc.
However, the user understands and accepts the aspects involved in providing services over the Internet given the open, decentralized, and global nature of this communications network.
For this reason, SEABIRD CAPITAL does not guarantee the impregnability of their security systems or the privacy of information hosted on them. SEABIRD CAPITAL excludes, to the full extent permitted by law, any liability of any kind for security failures on the website and the consequences that may arise from them.
System interruptions and/or suspension
In general, the different services will be available continuously on the Internet. However, the user is aware that SEABIRD CAPITAL does not guarantee in any way this continuity due to the nature of the medium through which they are provided.
The user understands and accepts the aspects involved in providing services over the Internet given the open, decentralized, and global nature of the network.
Thus, for example, as a non-exhaustive list, below are some of the situations that may temporarily interrupt the provision of such services:
- Maintenance tasks on servers and/or data lines
- Server and/or data line failures
- Deliberate attacks on the security and integrity of the system
- Computer viruses or the presence of malicious code on the pages that make up or are accessible from the website
SEABIRD CAPITAL excludes, to the full extent permitted by law, any liability of any kind arising from the temporary interruption in the availability of the website on the Internet.
The user is warned that SEABIRD CAPITAL may at any time, at its sole discretion and without any obligation of notice, permanently suspend the presence of the website on the Internet and therefore the services provided from or through it. SEABIRD CAPITAL is exempt from any liability of any kind arising from the consequences that may arise from the final suspension in the provision of such services.
VII. Protection of personal data
The information received by SEABIRD CAPITAL through its website will be treated with the utmost confidentiality. SEABIRD CAPITAL undertakes not to use the personal data of users of the website for other purposes unrelated to the purpose of hiring the services it provides. For the purposes of the provisions of Law 15/1999, of December 13, Protection of Personal Data, we inform the user of the existence of files of personal data that respond to the purpose of managing orders requested from the Company and respond to queries that users may make. The entity responsible for the files is SEABIRD CAPITAL.
The data may be used by SEABIRD CAPITAL to send the user information on offers and advertising information to the email address or personal provided, provided that the person concerned has accepted.
VIII. Rights of access, rectification, cancellation, and opposition
SEABIRD CAPITAL, recipient of the data collected on this page, undertakes to respect and facilitate the exercise of the rights recognized by law and, in particular, the rights of access to data, rectification, cancellation of data and opposition, if appropriate. Such rights may be exercised by the user or, if applicable, by the person representing him/her, by means of a written and signed request addressed to the following address: Pinar 5, 28006 Madrid, Spain, or to the e-mail firstname.lastname@example.org.
IX. Voluntary cancellation, exclusion, and responsibilities
Any user may request to be removed, at any time, as a user of the website. SEABIRD CAPITAL will have a period of 30 days to examine the situation of that user with respect to all services to which it is subscribed to, if necessary, to issue an invoice for all those consumptions that on receipt of the request for cancellation are pending payment.
If there is no amount of pending payment and/or collection, the cancellation will be carried out immediately. Otherwise, the cancellation will be subject to the effective collection of these amounts by SEABIRD CAPITAL.
The user is responsible for the proper use of the website and the services contracted from or through it. Any use of the services by the user will lead to the immediate exclusion of the website with loss of their status as a registered user of the same, without any right to compensation and without prejudice to the corresponding legal action by SEABIRD CAPITAL.
The falsity of personal and/or professional data provided by the user during the registration process on the website or in any of the services provided from or through it may lead to the immediate exclusion of the website with loss of their status as a registered user of the same, without any right to compensation and without prejudice to the corresponding legal action by SEABIRD CAPITAL or third parties.
Any action by the user that could jeopardize or damage systems, equipment or services accessible directly or indirectly through the website, will lead to its immediate exclusion from the website with loss of their status as a registered user of the same, without any right to compensation and without prejudice to the corresponding legal actions to be taken by SEABIRD CAPITAL.
Any action by the user who violates these terms and conditions, the Special Conditions that may regulate specific services, the law or generally accepted principles of morality, will lead to immediate exclusion from the website with loss of registered user status of the same, without any right to compensation and without prejudice to the corresponding legal actions by SEABIRD CAPITAL to take place.
The user will be solely responsible for any claim, legal action, judicial or extrajudicial, initiated by third parties both against the user himself and against SEABIRD CAPITAL, based on uses of services contrary to law, morality, good faith and generally accepted principles of morality.
For the purposes of the appropriate notifications, SEABIRD CAPITAL designates as its contact address the one specified as its own in the heading of these terms and conditions.
The email provided by the user during the registration process on the website will be used by SEABIRD CAPITAL for the purpose of practicing notifications to the user.
The user is obliged to keep the data for the purposes of notifications referred to in this clause duly updated.
All notifications made by SEABIRD CAPITAL to the user will be considered validly made if they have been made using the data and through the means previously indicated. SEABIRD CAPITAL is not responsible for any damage that may occur by the violation of the user’s obligation to maintain their contact details updated.
XI. Validity and full agreement
The declaration of nullity or invalidity of any provision contained in these terms and conditions shall not affect the validity and effectiveness of the remaining clauses.
These terms and conditions of services provided by SEABIRD CAPITAL through the website constitute the entire agreement between the parties, is considered higher than any previous written or verbal agreement, understanding, affirmation, representation, negotiation, or purpose of the agreement in relation to this matter.
XII. Applicable law and jurisdiction
These terms and conditions will be governed and interpreted in each and every one of their extremes by Spanish Law.
Both SEABIRD CAPITAL and the user agree to try to resolve amicably any disagreement that may arise in the development of commercial relations that are proper to them.
For the resolution of any disputes that may arise from the development of commercial relations that are proper to them, both parties agree to submit to the jurisdiction of the Courts of Madrid.