1.- Legal information and acceptance
In compliance with Article 10 of Ley 34/2002, of 11 July, on Information Society Services and Electronic Commerce (the Spanish E-Commerce Act, hereinafter, LSSI-CE), both the recipients of the service and the competent bodies are expressly, precisely and unequivocally informed of the following aspects relating to the provider of information society services: This Legal Notice governs the general conditions of access to and use of the website accessible at the URL https://cudeman.com/ (hereinafter, the website), which is made available to Internet users, whose identifying details are:
| Company name: | Cudeman, S.A. |
| Tax ID (CIF): | A02066983 |
| Registered office: | P.I. Campollano, C/B Nº 98. CP:02007. Albacete |
| Telephone: | 967242910 |
| Email: | cudeman@cudeman.com |
This legal notice sets out the general conditions governing access to and use of this website. Use of the website implies express and full acceptance of these general conditions in the version published at the time the user accesses it, without prejudice to any particular conditions that may apply to certain specific services of the website.
Access to the website is free of charge, except as regards the cost of the connection through the telecommunications network supplied by the access provider contracted by users. Certain services are exclusive to our customers and access to them is restricted.
Use of the Portal confers the status of user of the Portal (hereinafter, the 'User') and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited in duration to the time during which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must read this Legal Notice carefully on each occasion on which they intend to use the Portal, since the Portal and its conditions of use set out in this Legal Notice may be subject to changes.
Some Portal services accessible to Internet users or exclusive to customers of Cudeman, S.A. may be subject to particular conditions, regulations and instructions which, where applicable, replace, supplement and/or modify this Legal Notice and which must be accepted by the User before the provision of the corresponding service begins.
2. Intellectual and industrial property
This website and the content it hosts are protected by the legislation in force
on intellectual property.
Cudeman, S.A. is the owner or licensee of all intellectual and industrial property rights in its website, as well as in the elements contained therein. Accordingly, the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorisation of the website, is expressly prohibited. The user undertakes to respect the Intellectual and Industrial Property rights owned by the website.
The entire website — text, software, content, podcasts, photographs, audiovisual material and graphics — is protected by trademarks, copyright and other legitimate rights, in accordance with the international treaties to which Spain is a party and other property rights and laws of Spain.
The website provides links to other websites and content owned by third parties.
The sole purpose of the links is to give the user the possibility of accessing them.
The website shall in no case be liable for the results that may arise for the user from accessing such links.
Any user intending to set up any technical linking device from their website to the website must obtain the prior written authorisation of the website. The establishment of the link shall in no case imply the existence of a relationship between the website and the owner of the site on which the link is placed, nor the acceptance or approval by the website of its contents or services.
3. Conditions of use of the portal
3.1 General
The User undertakes to make proper use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to Cudeman, S.A. or to third parties for any damages that may be caused as a result of a breach of this obligation.
Use of the Portal for purposes that are harmful to the property or interests of Cudeman, S.A. or of third parties, or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Cudeman, S.A. or of third parties, is expressly prohibited.
3.2 Content
The User undertakes to use the Content in accordance with the Law and this Legal Notice, as well as with such other conditions, regulations and instructions as may apply in accordance with clause 1. By way of illustration only, the User, in accordance with the legislation in force, must refrain from:
- Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Content except in the cases authorised by law or expressly consented to by Cudeman, S.A. or by whoever holds the exploitation rights, as the case may be.
- Reproducing or copying for private use Content that may be considered Software or a Database in accordance with the intellectual property legislation in force, as well as publicly communicating it or making it available to third parties where such acts necessarily involve reproduction by the User or by a third party.
- Extracting and/or reusing all or a substantial part of the Content comprising the Portal, as well as of the databases that Cudeman, S.A. makes available to Users.
3.3 Placing links to the Portal
Any Internet user wishing to place links from their own web pages to the Portal must comply with the conditions set out below; ignorance of these conditions shall not avoid the liabilities arising under the Law:
- The link shall only point to the home page or main page of the Portal, but may not reproduce it in any way (online links, copying of texts, graphics, etc.).
- It shall in any event be prohibited, in accordance with the applicable legislation in force at any given time, to establish frames of any kind that surround the Portal or allow the Content to be viewed through Internet addresses other than those of the Portal and, in any case, where it is viewed together with content unrelated to the Portal in such a way that: (I) it produces, or may produce, error, confusion or deception among users as to the true origin of the service or Content; (II) it constitutes an act of unfair comparison or imitation; (III) it serves to take advantage of the reputation of the brand and prestige of Cudeman, S.A.; or (IV) it is in any other way prohibited by the legislation in force.
- No false, inaccurate or incorrect statements of any kind shall be made on the page placing the link about Cudeman, S.A., its partners, employees or customers, or about the quality of the services it provides. In no case shall it be stated on the page where the link is located that Cudeman, S.A. has given its consent to the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the sender's services.
- The use of any word, figurative or combined trademark or any other distinctive sign of Cudeman, S.A. within the sender's page is prohibited except in the cases permitted by law or expressly authorised by Cudeman, S.A., and provided that, in such cases, a direct link to the Portal is permitted in the manner established in this clause. The page establishing the link must comply faithfully with the law and may in no case host or link to content, whether its own or that of third parties, that: (I) is unlawful, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.); (II) induces or may induce in the User the false belief that Cudeman, S.A. subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, lawful or unlawful, of the sender; (III) is inappropriate or irrelevant to the activity of Cudeman, S.A. in view of the location, content and subject matter of the sender's website.
4. Exclusion of liability
4.1 Regarding the Information
- Access to the Portal does not imply any obligation on the part of Cudeman, S.A. to verify the truthfulness, accuracy, adequacy, suitability, completeness and currency of the information supplied through it. The contents of this page are of a general nature and do not in any way constitute the provision of a legal advisory service or any other kind of advice, and such information is therefore insufficient for the making of personal or business decisions by the User.
- Cudeman, S.A. shall not be liable for decisions made on the basis of the information supplied on the Portal, nor for damages caused to the User or third parties as a result of actions based solely on the information obtained on the Portal.
4.2 Regarding the quality of the service
- Access to the Portal does not imply any obligation on the part of Cudeman, S.A. to monitor the absence of viruses, worms or any other harmful computer element. It is in any event the User's responsibility to have adequate tools available for the detection and disinfection of harmful computer programs.
-
Cudeman, S.A. shall not be liable for damage caused to the computer equipment
of Users or of third parties during the provision of the Portal service.
4.3 Regarding the availability of the Service
- Access to the Portal requires services and supplies from third parties, including transmission over telecommunications networks whose reliability, quality, continuity and operation are not the responsibility of Cudeman, S.A. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.
- Cudeman, S.A. shall not be liable for damage or loss of any kind suffered by the User as a result of failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during its provision or beforehand.
4.4 Regarding the content and services linked through the Portal
- The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, 'Linked Sites'). In these cases, Cudeman, S.A. acts as a provider of intermediary services in accordance with Article 17 of Ley 34/2002, of 12 July, on Information Society Services and Electronic Commerce (LSSI) and shall only be liable for the content and services supplied on the Linked Sites to the extent that it has actual knowledge of their unlawfulness and has not deactivated the link with due diligence. Should the User consider that a Linked Site contains unlawful or inappropriate content, they may inform Cudeman, S.A. in accordance with the procedure and with the effects established in clause 6, although such communication shall in no case entail an obligation to remove the corresponding link.
- In no case shall the existence of Linked Sites be taken to presuppose the existence of agreements with their operators or owners, nor the recommendation, promotion or identification of Cudeman, S.A. with the statements, content or services provided.
- Cudeman, S.A. is not aware of the content and services of the Linked Sites and therefore shall not be liable for damage caused by the unlawfulness, quality, outdatedness, unavailability, error or uselessness of the content and/or services of the Linked Sites, nor for any other damage that is not directly attributable to Cudeman, S.A.
5. Reporting of unlawful and inappropriate activities
If the User or any other Internet user becomes aware that the Linked Sites point to pages whose content or services are unlawful, harmful, demeaning, violent or contrary to morality, they may contact Cudeman, S.A., indicating the following:
- Personal details of the person making the report: name, address, telephone number and email address;
- A description of the facts revealing the unlawful or inappropriate nature of the Linked Site; In the event of an infringement of rights, such as intellectual and industrial property rights, the personal details of the holder of the infringed right, where this is a person other than the person making the report.
- They must also provide documentation evidencing the entitlement of the rights holder and, where applicable, the authority to act on behalf of the holder where this is a person other than the person making the report;
- An express declaration that the information contained in the report is accurate. Receipt by Cudeman, S.A. of the communication provided for in this clause shall not, in accordance with the provisions of the LSSI, constitute actual knowledge of the activities and/or content indicated by the person making the report.
They must also provide documentation evidencing the entitlement of the rights holder and, where applicable, the authority to act on behalf of the holder where this is a person other than the person making the report; An express declaration that the information contained in the report is accurate.
6. Notices
All notices and communications made by the parties shall be valid where made by any means accepted in Law. Those relating to this Portal shall be deemed effective, for all purposes, where made through the Portal itself.
7. Amendments
Cudeman, S.A. reserves the right to make, without prior notice, such changes as it deems appropriate to its website, and may change, remove or add both the content and services provided through it and the manner in which they are presented. Furthermore, these terms and conditions may change at any time. Amendments shall take effect from the moment of their publication.
8. Governing law
This Legal Notice is governed in each and every one of its provisions by Spanish law. Provided that the applicable law permits waiver of the legally established jurisdiction, the courts of Málaga are designated as the forum for resolving any disputes, with the user expressly waiving any other jurisdiction that might correspond to them.
Online dispute resolution pursuant to Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/. For more information about the personal data we collect, please read the privacy policy.