1.GENERAL INFORMATION

These General Terms and Conditions regulate the use (including mere access) and operation of the abemark.com website.

In accordance with the provisions of Law 34/2002 of 11th July 2002 on Information society Services and Electronic Commerce, the website, property of ABEMARK ABOGADOS, S.L.P. (hereinafter ABEMARK), registered in the Mercantile Registry of MADRID T 27657, F 105, S8, H M 498378 with address for notification purposes at Avenida de España nº 29-1, 28220 Majadahonda (Madrid) for notification purposes, NIF B85859320 and e-mail address info@abemark.com

2.ACCEPTANCE OF THE CONDITIONS OF USE

By using this website, the visitor will become a website user, which means that they agree to be bound by all of the terms and conditions set forth at the time of access to the website. Therefore, the user is recommended to read the terms and conditions carefully every time they visit the website.

Consequently, every visitor and user should read carefully the present General Conditions of use every time they access to the website. Therefore, if they do not agree with any of these terms and conditions set forth below, they should refrain from using the website.

ABEMARK may, in its sole discretion, revise and modify at any time the design, layout and/or configuration of the website, as well as some or all contents, and modify the general and / or special terms and conditions required for their use.

3.TERMS OF USE

Users freely and voluntarily accept that they use the website under their sole and exclusive responsibility.

When using the website, users agree to avoid any action which might infringe the rights and damage the image and interests of ABEMARK or third parties, or which may damage, disable or overload the website, or may cause impairment of the availability or accessibility of the website.

The Contents of the abemark.com site are made available to the User with information from both our own sources and those of third parties.

The inclusion of Content on the abemark.com site does not in any way constitute the provision of a service. The User acknowledges that, to the extent that the application of the Law to specific cases is not automatic, but may vary depending on very different circumstances. Therefore, ABEMARK advises the User not to make decisions based on the information contained in the Contents without obtaining appropriate professional advice.

 

ABEMARK will not be responsible for the use that third parties make of the information published on the portal, nor will it be responsible for the damages suffered or economic losses that, directly or indirectly, produce or may produce economic, material or data damages, caused by the use of said information.

 

4. INTELLECTUAL PROPERTY

The User acknowledges and accepts through these General Conditions that all the industrial and intellectual property rights over the contents and/or any other elements inserted in this website (including, without limitation, brands, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, "look-and-feel", audio and video), are the exclusive property of ABEMARK and/or third parties, who have the exclusive right to use them in economic traffic.

 

Under no circumstances does access to the website imply any kind of waiver, transmission, licence or total or partial assignment of these rights, unless expressly established to the contrary. These General Conditions of Use of the Website do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for this purpose by ABEMARK ABOGADOS, S.L.P. or the third party that owns the rights in question.

 

Any claims that may be made by Users or third parties in relation to possible breaches of intellectual or industrial property rights over any of the contents of this website must be sent to the following e-mail address info@abemark.com with the following information:

 

1.- Name and surname(s), postal address and e-mail address of the affected party or, if applicable, of the person authorized to act on their behalf, indicating the title by virtue of which they are representing them (hereinafter, the claimant).

 

2.- Declaration by the claimant in which he claims to be the owner of the allegedly infringed rights, including his signature, physical or digital.

 

3.- Precise description of the content protected by the allegedly infringed intellectual property rights, as well as its exact location within the website.

 

4.- Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the allegedly infringed rights.

 

 

4.1 Domain names

 

In the same sense as that referred to in the previous section, the domain name abemark.com and all those that serve to directly access this site are the exclusive property of ABEMARK. The improper use of the same in the economic traffic would suppose an infraction of the rights conferred by its registration and will be prosecuted by the means foreseen in the legal regulations.

 

 

4.2 Copyright

 

The contents, texts, photographs, designs, logos, images, sounds, videos, animations, recordings, 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 copyright by the legislation on intellectual property.

 

4.3 Personal use

 

ABEMARK authorises the Users to use, visualise, obtain a temporary copy, download and store the contents and/or elements inserted in the website exclusively for their personal, private and non-profit use; provided that in all cases the origin and/or author of the same is indicated and that, where appropriate, the copyright symbol and/or industrial property notes of the owners appear.

 

The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration or decompilation, is strictly forbidden.

 

For any other use other than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights in question.

 

4.4 Reservation of shares

The User of this website undertakes to respect the rights set out above and to avoid any action that could damage them, and in any case ABEMARK reserves the right to exercise any means or legal action that may correspond to it in defence of its legitimate intellectual and industrial property rights.

 

5. DISCLAIMER OF WARRANTIES AND LIABILITY

 

5.1 Exclusion of guarantees and responsibility for the operation of the Portal

 

ABEMARK does not guarantee the availability and continuity of the operation of the Website. Likewise, ABEMARK will in no case be responsible for any damages that may arise from:

 

1. The lack of availability or accessibility to the Website;

 

2. The interruption in the functioning of the Web site or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, the Internet system or other electronic systems produced in the course of its operation;

 

3. The lack of suitability of the Website for the specific needs of the Users and;

 

 

4. Other damage that may be caused by third parties through unauthorised interference beyond the control of ABEMARK.

 

We do not guarantee the absence of viruses or other elements on the website introduced by third parties unrelated to ABEMARK that may produce alterations in the physical or logical systems of the Users or in the electronic documents and files stored in their systems.

 

ABEMARK adopts various protection measures to protect the website and its contents against computer attacks from third parties. However, ABEMARK does not guarantee that unauthorised third parties cannot have access to the type of use of the website that the User makes or the conditions, characteristics and circumstances in which such use is made. Consequently, it will in no case be responsible for the damages that may arise from such unauthorised access.

 

5.2 Exclusion of guarantees and responsibility for the use of the Portal services and content by Users

 

ABEMARK will not be responsible under any circumstances for the use that Users and/or third parties may make of the website or its contents, or for any damages that may arise from it.

 

ABEMARK excludes any responsibility for damages of any kind that may be due to the use of the services and contents by the Users or that may be due to the lack of veracity, validity, exhaustiveness and/or authenticity of the information that the Users provide about themselves and in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party carried out by a User in any kind of communication carried out through the portal.

 

5.3 Exclusion of guarantees and responsibility for the Contents

 

ABEMARK will in no case be responsible for any damages that may arise from

 

1. Damages of any kind that may be due to the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and topicality of the contents.

 

2. The inadequacy for any purpose and the disappointment of the expectations generated by the Contents.

 

6. PERSONAL DATA

 

By the mere fact of visiting the abemark.com website, no personal data identifying a User is automatically recorded. However, there is certain information of a non-personal nature that cannot be identified with a specific User and which may be collected and recorded on ABEMARK's Internet servers (for example, the User's type of Internet browser and the User's operating system) in order to improve the User's browsing and management of the abemark.com site.

 

 

ABEMARK may require certain personal data from the User in order to use certain content or services, at all times complying with EU Regulation 2016/679 and Organic Law 3/2018 of 5 December on the protection of personal data and the guarantee of digital rights.

 

7. MODIFICATION AND TERMINATION OF SERVICES

 

The duration of this site is, in principle, indeterminate. However, ABEMARK reserves the right to modify, suspend or terminate the provision of its services, at any time and without prior notice, as well as these General Conditions.

 

8. APPLICABLE LAW AND JURISDICTION

 

These General Conditions of Use are governed by Spanish Law. Any dispute in connection with the abemark.com website shall be brought before the Spanish jurisdiction, and the parties shall submit to the Courts and Tribunals of the city of Madrid, and their hierarchical superiors, expressly waiving any other jurisdiction they may have and which may be different from those indicated.

 

The simplest and most effective way to request any clarification, or to make any type of complaint, suggestion or comment, is by sending an e-mail to the address info@abemark.com

 

By accessing and using this website, you agree to be bound by these Terms and Conditions.

 

Copyright 2020. ABEMARK ABOGADOS, S.L.P. All rights reserved and registered. Total or partial reproduction is prohibited.