1. Ownership of the Website
In accordance with the provisions of Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereinafter, “LSSI”), we hereby inform you that the page https://soundcask.eu/ (hereinafter, the “Website” or the “Portal”) is operated by MARIA EUGENIA RODRÍGUEZ GALLEGO as owner of the SOUNDCASK brand of alcoholic beverages (hereinafter “SOUNDCASK”), with tax identification number 52338443B, whose registered office is located at calle Sevilla 30-32, 11540 Sanlúcar de Barrameda, Cádiz, Spain.
2. Use of the Portal
Access to the Website is free of charge, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
SOUNDCASK reserves the right to carry out, at any time and without prior notice, modifications and updates to the Website and its contents, configuration and presentation, including this Legal Notice and the General Conditions, and we therefore recommend that you read them before accessing and browsing the Portal.
The User undertakes not to use the Website for fraudulent purposes, as well as not to carry out any conduct that could damage the image, interests and rights of SOUNDCASK or third parties, and undertakes to use the Website, the services and the contents included therein in a diligent, correct and lawful manner. In particular, the User undertakes to abstain from: deleting, evading or manipulating the copyright and other data identifying the rights of the owners incorporated into the contents of the Portal, as well as the technical protection devices, or any information mechanisms that may be included in said contents. Likewise, the User undertakes not to carry out any act with the aim of damaging, rendering useless or overloading the Website, or preventing, in any way, the normal use and operation of the same.
In the event that you breach this Legal Notice and/or the Terms and Conditions, or SOUNDCASK reasonably suspects that you are in breach of them, SOUNDCASK reserves the right to limit, suspend or terminate your access to the Website, taking whatever technical measures are necessary for that purpose. Likewise, SOUNDCASK reserves the right to decide, at any time, on the continuity of the services provided through the Portal.
3. Intellectual and industrial property
The intellectual property rights over the layout of the contents of the Website (including the sui generis right over the database), its graphic design (look & feel), the distinctive signs (trademarks and trade names), the underlying computer programs (including source codes), as well as the different elements that make up the Portal (texts, graphics, photographs, videos, etc.) belong to SOUNDCASK or it has the right to use and exploit them, and in this sense they constitute works protected by the intellectual and industrial property legislation in force.
The use of the Website by the User in no way implies the transfer of any intellectual and/or industrial property rights over the Portal, its contents and/or the distinctive signs of SOUNDCASK. To this end, by means of this Legal Notice, except in those cases in which it is legally permitted, the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting and/or reusing the Website, its contents and/or SOUNDCASK’s distinctive signs.
The reproduction of elements or contents of the Website for profit or commercial purposes is expressly and strictly prohibited.
4. Limitation of Liability
The User acknowledges and accepts that the use of the Website is at all times at his/her own risk and responsibility, and SOUNDCASK accepts no responsibility for any misuse or improper use that may be made of the Website. For this purpose, it shall only be liable for damages that the User may suffer from the use of the Website, when such damages are due to our wilful misconduct.
In particular, SOUNDCASK shall not be liable for:
The content of sites linked to through links included within the Website. In this respect, the terms set out in section 5 of this Legal Notice shall apply.
Damage of any kind caused to the User’s computer equipment by viruses, worms, Trojans or any other harmful element. The User acknowledges that the use of the Internet network implies the assumption of a risk that their computer equipment may be affected by the aforementioned elements. To this end, it is the User’s responsibility to ensure that appropriate tools for the detection and removal of electronic malware are available in all cases.
Damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Website service during or prior to the provision of the same. In this respect, the User acknowledges that access to the Portal requires services provided by third parties outside SOUNDCASK’s control (e.g. telecommunications network operators, access providers, etc.) whose reliability, quality, continuity and operation is not the responsibility of SOUNDCASK.
The Website includes technical linking devices (links) that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In these cases, SOUNDCASK acts as an intermediary service provider in accordance with article 17 of the LSSI, and will only be responsible for the contents and services supplied on the Linked Sites to the extent that it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, please inform SOUNDCASK at email@example.com. In no case shall this communication entail the obligation to remove the corresponding link.
The existence of Linked Sites in no way implies that SOUNDCASK has effective knowledge or any other type of knowledge of the services and contents of the same in the event of unlawfulness, nor that it necessarily maintains agreements with those responsible for or owners of the Linked Sites. Nor does the existence of these links imply the recommendation, promotion, identification or conformity of SOUNDCASK with the statements, contents or services provided through the Linked Sites. Consequently, SOUNDCASK is not responsible for the content of the Linked Sites, nor for their conditions of use and confidentiality policies, and the User is solely responsible for checking and accepting them each time he/she accesses and uses them.
The User and, in general, any natural or legal person who intends to establish a link from their page or site to the Portal, must obtain prior written authorisation from SOUNDCASK. The establishment of such a link in no case implies the existence of a relationship between SOUNDCASK and the owner or holder of the site or page on which the link is established, nor the acceptance or approval by SOUNDCASK of its contents or services.
In any case, SOUNDCASK reserves the right to prohibit or disable links to the website at any time, especially in the event of unlawful activity or content of the page or site on which the link is included.
The User is free to disable cookies. In the event that the User decides to deactivate cookies, the quality and speed of the service may be reduced and the User may even lose access to some of the services offered on the Portal.
The use of the Website is governed by and construed in accordance with Spanish law and it is understood that, by using the Website, the User agrees that any conflict or dispute arising between the User and SOUNDCASK will be dealt with by the competent courts and tribunals in accordance with the applicable legislation.
In the event that any of the provisions contained in this Legal Notice is declared null and void, it will be withdrawn or replaced. In any case, such declaration of nullity shall not affect the validity of the rest of the provisions contained in this Legal Notice.