Disclaimer
4.1.- IN GENERAL
4.2.- LIMITATIONS
4.3.- AUTHORIZED USES
Pursuant to Article 10.1 from the Law 34/2002 from July 11th, of information society services and electronic mail, it is hereby certified that the owner of the portal web and provider of the services through the mobile application is EDITORIAL TIRANT LO BLANCH S.L. (from now on TIRANT) whose registered office is in calle Artes Gráficas, 14 – 46010 Valencia, Spain, with CIF B46091179, registered in the Commercial Register of Valencia, al Tomo 3152, General, 466, Sección General, Libro Sociedades, Folio 79, Hoja V-6607, Inscripción 4ª.
For contact with our customers of the Tirant Online database LATAM, we shall inform that our distributor is EDITORIAL TIRANT LO BLANCH, whose address is in calle Artes gráficas, nº 14 – 46010, Valencia, Spain. Tel: (34) 902 121 255.
TIRANT provides the users with the present document by which it complies with the responsibilities in accordance with the provisions of the Law 34/2002, of information society services and electronic commerce; of the Organic Law 15/1999, of December 13th, of personal data protection; of the Royal Decree 1720/2007, of December 21st, approving the regulation for the development of the Organic Law 15/1999, of December 13th, of personal data protection; and of the Directive 2009/136/CE of the European Parliament and the Council, of November 25th 2009, which modifies the Directive 2002/22/CE related to the universal service and the users’ rights regarding networks and electronic communication services, the Directive 2002/58/CE related to the treatment of personal data and the protection of privacy in the electronic communications sector and the Regulation (CE) number 2006/2004 about cooperation in terms of consumer protection; as well as informing all users about the conditions of use of the present portal web and the applications or widgets offered by TIRANT (all of this as a whole shall be called the “service”).
Any person wanting to access our services accepts either the role of user or the one of client, committing to observe and strictly comply with the provisions set forth herein, with the additional policy and procedures of new services susceptible to being offered by TIRANT, as well as with any other legal provision that applied.
THE CLIENT commits to using the service under the present contract, without engaging in activities that could be considered illicit or illegal, violating of the rights of TIRANT LO BLANCH or a third party’s, or which could offend morals or legal regulations.
- THE CLIENT acknowledges the ownership of the intellectual and industrial property rights of TIRANT over the service TIRANT ONLINE MEXICO, TIRANT ONLINE LATAM, TIRANT ONLINE, TIRANT ASESORES or TIRANT NOTARIADO, which protect the graphic design of the web pages, the menus, the navigation buttons, the HTML code, the Java or Javascript applets, the ActiveX controls, the texts, the images, textures, graphics, the layout and classification of the information, the programs, the data, the user manuals, the remaining support elements, the identification symbols, the passwords, the user numbers and security symbols and any other website content included in the service TIRANT ONLINE MEXICO, TIRANT ONLINE LATAM, TIRANT ONLINE, TIRANT ASESORES or TIRANT NOTARIADO, unless these show a different ownership, in which case these rights belong to the third parties named as owners.
TIRANT reserved the rights of reproduction, modification, adaptation, public communication, maintenance, error correction, transfer, sale, rent, loan and any other intellectual or industrial property right that could be applicable for the service TIRANT ONLINE MÉXICO, TIRANT ONLINE LATAM, TIRANT ONLINE, TIRANT ASESORES OR TIRANT NOTARIADO
- THE CLIENT acknowledges that the information he/she can access through the service TIRANT ONLINE MÉXICO, TIRANT ONLINE LATAM, TIRANT ONLINE, TIRANT ASESORES OR TIRANT NOTARIADO can be protected by the intellectual and industrial property rights or any other kind, owned by TIRANT or a third party.
- TIRANT will not be held responsible in any case of the violations of said rights that can be committed by THE CLIENT through the service TIRANT ONLINE MÉXICO, TIRANT ONLINE LATAM, TIRANT ONLINE, TIRANT ASESORES OR TIRANT NOTARIADO, under the present contract.
- Software owner copyright
The user interface and the software are subject to copyright. The user interface was created by the databases distributors (copyright owners), who hold the ownership and rights of the interface and text used. The software was created and developed by the software owner. These copyright owners hold the ownership and rights over the software integrated in the service and all the subsequent copies of it, regardless of the format of the original software or its copies.
- The present document is only a license agreement and not a sale of the original software nor a copy of it, and no part of this contract will be interpreted as a concession or transfer to the CLIENT of any copyright or software property right.
EDITORIAL TIRANT LO BLANCH provides the CLIENT with a non-exclusive, personal and non-transferrable, irrevocable and limited license, to access and use the contracted contents according to this terms and conditions.
All the contents included in the products and services of EDITORIAL TIRANT LO BLANCH and or of third parties are subject to intellectual and industrial copyright. The access to the service or to said contents on behalf of the CLIENT will in no way involve any type of resignation, transfer or total or partial cession of said rights, nor does it confer any right of use, license, alteration, exploitation, reproduction, distribution or public communication of said contents besides the ones specifically stated in this general conditions without previous and express authorization specifically given, to that effect, by EDITORIAL TIRANT LO BLANCH.
The CLIENT does not become owner nor does it acquire any right over the contents of EDITORIAL TIRANT LO BLANCH, and specifically acknowledges that the service of EDITORIAL TIRANT LO BLANCH and this website’s contents are protected by intellectual and industrial copyright.
The service and the databases benefit from the protection given by the current legislation and the international treaties about intellectual property, which the CLIENT specifically acknowledges and has to comply with.
Non-transfer: the content of the databases consulted will not be communicated, duplicated or transmitted by the CLIENT to any person from outside the subscriber organization, regardless of the nature of said communication, duplication or transmission and the channel used for it, be it for free or not.
The CLIENT will be held responsible of any unauthorized reproduction or communication of the databases, in the event that these be chargeable of an omission, negligence or any other situation.
Exclusion of people or entities with no license: the Client will have to use the service only within his/her own organization and will have to ensure that said use does not exceed the license’s limit. The CLIENT acknowledges and accepts that only the persons who have indeed contracted the service will be able to use it.
The communication or cession of the access data to other persons or organizations is strictly prohibited. It is also not allowed to share a subscription among several organizations, even in the case of subscribing the proper number of licenses.
The CLIENT cannot use this username and password outside of the country for which it was provided. The CLIENT is to be held responsible for preventing unauthorized third parties to have access to the access data or shared their IP range. The use of VPN services is prohibited, unless the opposite is specifically stated in the subscription newsletter.
Use of the contents: the CLIENT acknowledges that the use of the content is to be done under his/her own responsibility and that it is only for personal or professional use and not for its commercial exploitation. It is strictly prohibited to download complete books, journals or any other type of content whatever its intended final use may be. Without prejudice to the right to demand damages, downloads violating said prohibition will be considered as personal purchases of documents according to the price lists of EDITORIAL TIRANT LO BLANCH.
The CLIENT cannot copy, duplicate, reproduce, lend, sell, download, resell, republish or transmit any part of this website or its content, whether it is for commercial or non-commercial use. The CLIENT cannot sub-license, decompile, rent, sell, do reverse engineer or create works originated from this website or its content. The CLIENT cannot use framing techniques to hide the brand, logo or other parts of the website without the previous and written authorization of EDITORIAL TIRANT LO BLANCH.
The CLIENT will not be able to extract, whether from a permanent or temporary transfer, any essential part from the databases contents to other formats, regardless of the channel or procedure used, nor will he/she be able to reuse in a repetitive and systematic way any of the parts of the databases content.
The CLIENT is not allowed to use automatic software or manual process, as well as robots or spiders to copy or monitor the service of EDITORIAL TIRANT LO BLANCH and/or its content without previous and written authorization from EDITORIAL TIRANT LO BLANCH. The CLIENT cannot manipulate or use the content of EDITORIAL TIRANT LO BLANCH to create publications and/or services of any type and, especially, those who can be comparable or can compete in any way with the publications and/or content that EDITORIAL TIRANT LO BLANCH offers now or may offer in the future.
It is strictly prohibited to include contents of EDITORIAL TIRANT LO BLANCH in any database, of any type, regardless of the format or the nature of it (public or private access, free or paid-for).
Right to quote:
The right to quote a registry in the database (an extract, for example) will only be able to be exercised by strictly complying with the corresponding international rules applicable to said practice and, especially, it will be mandatory to note the data source while doing so. The CLIENT is obligated to not eliminate reference to copyright, trademarks and patents in the printings of documents included in the products and services of EDITORIAL TIRANT LO BLANCH.
The CLIENT can quote the documents included in the service as well as to reproduce non-essential parts of it.
The right to use the database content that the CLIENT enjoys includes a right to access, consultation and reproduction in electronic memory or in printed form. (Legislation, jurisprudence, doctrine and journals full text, contracts, diagrams, consultations and forms, etc.). The user license includes the right to digitally visualize the contents included in the contracted service, as well as the right to digital downloads and/or printings of non-essential contents for strictly professional use only on behalf of the CLIENT. These authorized uses are:
The authorized uses are: (i) exhibition: right to digitally exhibi the licensed materials; (ii) digital copy; the CLIENT and authorized users will be able to download and digitally copy a reasonable part of the licensed materials; (iii) printed copy: the CLIENT and authorized users will be able to print a reasonable part of the licensed materials; (iv) information extracts: the CLIENT and authorized users will be able to extract or use information included in the licensed materials with educational, scientific or investigational purposes, with inclusion of the extraction and manipulation of information with illustrative and explicative purposes, as an example, comment, critique, teaching, investigation or analysis; (v) academic selections: the CLIENT and authorized users will be able to use a reasonable part of the licensed materials in the preparation of readings selections for subjects and other teaching materials; (vi) subject reservation (printed and electronic): the CLIENT and authorized users will be able to use a reasonable part of the licensed materials regarding particular teaching subjects offered by the CLIENT; (vii) academic knowledge: the authorized users will be able to transmit to third parties, in a hard medium or digitally, small amounts of the licensed materials for personal use or for academic, educational or scientific investigation, but in any case for its resale or with commercial purposes.
OFFERED CONTENTS: TIRANT, and the third party content providers, do not offer warranties, not express nor implicit, regarding the service and its contents, its quality or suitability for specific purposes, its accuracy, updates or complete nature. In some cases, TIRANT LO BLANCH can provide a translation of certain documents. The CLIENT knows that said translation is for information purposes only and that its aim is only to understand the general meaning of the translated document. In the service there are contents provided by third parties. EDITORIAL TIRANT LO BLANCH is not responsible for the opinions express by third parties or by the authors. Especially, EDITORIAL TIRANT LO BLANCH is not to be held responsible for any error, omission, opinion, non-update or any statement present in the contents made by third parties in its website. TIRANT complies with intellectual copyright and current regulations. The licensers of the newspaper articles, journals, books, treaties, monographs and other materials (from now on, the “publisher”) have assured TIRANT LO BLANCH that they have the right to authorize the publication, electronic distribution and commercialization of the materials that they have provided to EDITORIAL TIRANT LO BLANCH.
TIRANT LO BLANCH, its investees or subsidiaries, the third parties providers of contents, and the affiliate, directors, consultants, employees, subcontractors, agents, successors of all them will not be held responsible for any harm (including expenses, legal advice, liability for consequential damages or loss of profits) due to this website, including its content, regardless of negligence on behalf of TIRANT LO BLANCH, its affiliates, directors, consultants, employees, subcontractors, agents or successors, who will not be accountable for the virus-free state of the servers where the service is.
There will not be any responsibility if the service is not available at a particular time, be it for technical causes, maintenance tasks, interferences, interruption of the internet service providers or any other cause. However, this will have to be referred to the warranty that our publisher offers in this same website.
Non legal advice: In any case could it be considered that EDITORIAL TIRANT LO BLANCH is offering entrepreneurial or legal advice or that a client-lawyer relationship exists or that some information provided by the CLIENT is protected by professional secret.
Services provided by the users: TIRANT LO BLANCH does not
guarantee the lawfulness, liability and usefulness of the services
provided by users using the information included in the portal. TIRANT
excludes any responsibility for damages of all nature that can be
attributed to the services provided by users based on that same
information. In particular, although not exclusively, TIRANT excludes
any responsibility for damages caused by:
1.- Failure to comply with the law, morality and generally
accepted or public order as a result of the service provision by
users.
2.- The violation of intellectual and industrial copyrights, corporate rights, contractual commitments of any kind, the rights to honor and personal, family and image privacy, property rights and of any other kind belonging to a third party as a result of the services provided by the database users using the information within it.
3.- The execution of unfair competition acts and illicit advertisement as a result of the service provision by the users using the information within the database.
4.- TIRANT LO BLANCH is not to be held responsible for the lack of veracity, accuracy, belonging and/or updates of the contents from its database. The legal texts are offered with an informative or educational purpose. TIRANT will try to ensure the updates, accuracy and veracity of them, while informs that these are not the official texts and will not be liable for the damages that can be caused by the inaccuracies or errors in them. The only texts considered legally valid are the ones appearing in the official publications of the corresponding regional or national bodies.
5.- Unsuitability for any kind of purpose and not meeting the expectations generated by the services provided in the portal.
6.- The unfulfillment, delay in fulfillment, defective fulfillment or termination for any cause of the obligations contracted by the users and contracts made with users using the information included in the portal.
7.- The latent and patent defects of all kind of the services provided by users using the information included in the portal.
The intellectual property of the application belongs solely and exclusively to EDITORIAL TIRANT LO BLANCH, S.L. Said intellectual property includes the computer application, its source code and its database structure.
It is strictly prohibited for the user the reproduction, modification, adaptation, maintenance, error correction, cession, sale, rent, loan, partial or total cession of use, transfer of the right of use, the spreading, publication, etc., of the computer application. For anything that is not specifically regulated in this agreement, the parts refer to the established regulations in the legislation and internal treaties about intellectual property.
On the other hand, the user will not be able to: (i) reverse engineer, disassemble or decompile the computer application, as well as trying to obtain the source code or modifiable in any other way; nor (ii) create any alteration, adaptation, modification, translation, improvement or by-product work from the computer application; (iii) comitt any act that can be considered a violation of any intellectual or industrial copyright belonging to TIRANT ONLINE MEXICO, TIRANT ONLINE LATAM, TIRANT ONLINE, TIRANT ASESORES OR TIRANT NOTARIADO; (iv) use the application and, in particular, the information of any kind obtained by it, to send advertising, communications with direct sale purpose or with any other kind of commercial purpose, unsolicited messages addressed to several people regardless of their purpose, as well as to sell or send said information in any way; nor (v) use the application with purposes, aims or results that contravene the law, the morality and generally accepted good customs or the public order.
On the other hand, you are responsible for all the actions carried out from your device, since your password and username are non-transferrable.
We inform you that TIRANT has procedures guaranteeing the security, confidentiality and trustworthiness of all the information stored due to the use of the offered services.
Personal information of the client or user, in the case that the user is an individual, or in the case of agents of an administration or legal entity, will be added to the files whose ownership belongs to EDITORIAL TIRANT LO BLANCH S.L. in order to maintain the established commercial and contractual relations, as well as to inform about updates on the product and improvements of the product and other services.
In compliance with the regulations, TIRANT guarantees that it has adopted the necessary measures and techniques to keep the required security level regarding the nature of the processed personal data.
Additionally, TIRANT informs the CLIENT that he/she can exercise his/her access, rectification, cancellation and opposition rights regarding personal data at any time. This can be done by a written letter addressed to C/ Artes Gráficas 14, 46010 Valencia, Spain or through an e-mail to [email protected].
TIRANT will not transfer or disclose the data stored in its files to third parties, except in the case that this communication has previously been legally discussed.
The present privacy policy applies to the use that you do of TIRANT ONLINE MEXICO, TIRANT ONLINE LATAM, TIRANT ONLINE, TIRANT ASESORES OR TIRANT NOTARIADO. Additionally, the present terms and conditions are applied to the collection, transmission and disclosure of personal information regarding the applications of TIRANT ONLINE MEXICO, TIRANT ONLINE LATAM, TIRANT ONLINE, TIRANT ASESORES OR TIRANT NOTARIADO and the rest of the offered services. Hence, you must thoroughly read the provisions on this agreement and let us know your doubts, since from the moment you accept this agreement, you give your consent for TIRANT ONLINE MEXICO, TIRANT ONLINE LATAM, TIRANT ONLINE, TIRANT ASESORES OR TIRANT NOTARIADO to process your information according to the purposes previously detailed.
In compliance with the provisions in the law, TIRANT ONLINE MEXICO, TIRANT ONLINE LATAM, TIRANT ONLINE, TIRANT ASESORES OR TIRANT NOTARIADO reserve the right to investigate the alleged violations of this agreement, as well as the actions carried out by the users regarding the application that involve an illicit act according to the law.
Notification: The CLIENT is responsible for notifying EDITORIAL TIRANT LO BLANCH of any unauthorized use of his/her username and will be also responsible for any damages and losses, as well as for the costs generated from this including legal advising costs.
Compliance with the Spanish Law: Both parties, in case of law suit, doubt, or argument, will comply with the Spanish Law.
Jurisdiction: in case of law suit, the courts and tribunals of Valencia will be the ones in charge of the process.
Change of conditions: the publisher EDITORIAL TIRANT LO BLANCH reserves the right to modify or change the present conditions by publishing a new version of these in its website.
