Legal Notice

Gonzalo Fernández García, responsible for the website, hereinafter Responsible, makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSICE), as well as inform all users of the website about what the conditions of use are.

 

Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.

 

The Responsible reserves the right to modify any type of information that may appear on the website, without there being any obligation to pre-advise or inform users of said obligations, being understood as sufficient with the publication on the website of theResponsible.

 

  1. IDENTIFICATION DATA

Owner: Gonzalo Fernández García
Commercial Name: gonware.com

NIF: 73416065L
Address: Miguel Astráin street, Nº 9, 6º Left, 31006, Pamplona, Navarre, Spain
E-mail: gonzalo@gonware.com

 

  1. PURPOSE

Through the Website, we offer Users the possibility of accessing information about our projects, products and services.

  1. PRIVACY AND DATA PROCESSING

When for access to certain content or service it is necessary to provide personal data, Users will guarantee their veracity, accuracy, authenticity and validity. The Responsible will give said data the corresponding automated treatment according to its nature or purpose, in the terms indicated in the Privacy Policy section.

 4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the contents displayed in the Web Space and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and / or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs,  all industrial and intellectual property rights over the contents and/or any other elements inserted in the page, which are the exclusive property of theResponsible and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding  the Responsible harmless from  any claim arising from the breach of such obligations.

In no case does access to the Web Space imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Web Space do not confer on Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Web Space and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the Responsible or the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. The Responsible is the owner of the elements  that make up the graphic design of the Web Space, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Space or, in any case, has the corresponding authorization for the use of said elements. The content provided in the Web Space may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or in any medium, unless you have the prior written authorization of the aforementioned Entity.

It is also forbidden to delete, evade and / or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Web Space undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in any case the Responsible the exercise of all means or legal actions corresponding to him in defense of his legitimate intellectual and industrial property rights.

  1. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEB SPACE

 

The User undertakes to:

  1. Make appropriate and lawful use of the Web Space as well as the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Web Space; (iii) morality and generally accepted good customs and (iv) public order.
  2. Provide all the means and technical requirements that are required to access the Web Space.
  3. Provide truthful information when completing with your personal data the forms contained in the Web Space and keep them updated at all times so that it responds, at all times, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for the damages caused to the Responsible or third parties for the information provided.

 

Notwithstanding the provisions of the previous section, the User must also refrain from:

  1. Make unauthorized or fraudulent use of the Web Space and / or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents,  files and all kinds of content stored on any computer equipment.
  2. Access or attempt to access resources or restricted areas of the Web Space, without fulfilling the conditions required for such access.
  3. Cause damage to the physical or logical systems of the Web Space, its suppliers or third parties.
  4. Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems ofthe Responsible, suppliers or third parties.
  5. Attempt to access, use and / or manipulate the data ofthe Responsible, third party providers and other Users.
  6. Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
  7. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the Responsible or  third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
  8. Obtain and attempt to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, those that are usually used on the Internet because they do not entail a risk of damage or disablement of the Web Space and / or the contents.
  9. In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that: • In any way is contrary, disparages or violates the fundamental rights and public freedoms recognized constitutionally,  in International Treaties and in the rest of the legislation in force.• Induce, incite or promote criminal, denigratory, defamatory, violent or, in general, contrary to law, morality, generally accepted good customs or public order.• Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion,  Beliefs, age or condition.• Incorporates, makes available or allows access to products, elements, messages and / or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear.• Induces or incites to engage in dangerous, risky or harmful practices for health and psychic balance.• It is protected by the legislation on intellectual or industrial protection belonging to the company or to third parties without the intended use having been authorized.• Is contrary to honor,  to personal and family privacy or to people’s own image.• Constitutes any type of advertising.• Include any type of virus or program that prevents the normal functioning of the Web Space.

 

If to access some of the services and / or contents of the Web Space, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, or to allow access to the aforementioned services and / or contents by outsiders. Likewise, it undertakes to notify the company of any fact that may involve improper use of its password, such as, by way of example, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as you do not make the above notification, the Responsible will be exempt from any liability that may arise from the improper use of your password, being your responsibility any illicit use of the contents and / or services of the Web Space by any illegitimate third party. If you negligently or intentionally breach any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise from such breach for the Responsible.

  1. RESPONSIBILITIES

 

Continued access or correct viewing, downloading or use of the elements and information contained in the website that may be impeded, hindered or interrupted by factors or circumstances beyond its control is not guaranteed. It is not responsible for the decisions that may be adopted as a result of access to the content or information offered.

The service may be interrupted, or the relationship with the User may be terminated immediately, if it is detected that a use of its Web Space, or any of the services offered therein, is contrary to these General Conditions of Use. We are not responsible for damages, losses, claims or expenses arising from the use of the Web Space. It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, we will not be liable for any damages that may arise, among others, from:

  1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control ofthe Responsible.
  2. Illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
  3. Undue or inappropriate abuse of the Web Space.
  4. Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof. The administrator of the web space reserves the right to withdraw, totally or partially, any content or information present in the Web Space.

 

The Responsible excludes any liability for damages of any kind that may be due to the misuse of the services freely available and used by Users of Web Space. It is also exempt from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation and doubt services. On the other hand, in case of causing damages due to an illicit or incorrect use of said services, the User may be claimed for the damages caused. You will hold the
Responsible harmless against any damages arising from claims, actions or demands of third parties as a result of your access or use of the Web Space. Likewise, you agree to indemnify against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Web Space.

  1. HYPERLINKS

 

The User undertakes not to reproduce in any way, not even by means of a hyperlink or hyperlink, the Web Space, as well as any of its contents, unless expressly authorized in writing by the person responsible for the file.

The Web Space may include links to other web spaces, managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of these Web Spaces, nor is it in a position of guarantor or / or party offering the services and / or information that may be offered to third parties through the links of third parties.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Web Space exclusively for private and non-commercial use. The Web Spaces that include a link to our Web Space (i) may not falsify their relationship or affirm that such a link has been authorized, nor include trademarks, denominations, trade names, logos or other distinctive signs of our company; (ii) may not include content that may be considered in bad taste, obscene, offensive, controversial, incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iii) may not link to any page of the Website other than the home page; (iv) must link to the address of the Web Space, without allowing the Web Space that makes the link to reproduce the Web Space as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Web Space. The Responsible may request, at any time, to  remove any link to the Web Space, after which it must proceed immediately to its elimination.

The Responsible cannot control the information, content, products or services provided by other Web Spaces that have established links to the Web Space.

  1. DATA PROTECTION

 

To use some of the Services, the User must first provide certain personal data. The Responsible will automatically process this data and apply the corresponding security measures, all in compliance with the RGPD, LOPDGDD and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, under the conditions defined in the Privacy Policy.

9.COOKIES

The Responsible reserves the right to use “cookie” technology in the Web Space, in order to recognize you as a frequent User and customize the use you make of the Web Space by preselecting your language, or more desired or specific content.

Cookies collect the user’s IP address  , with Google being responsible for the processing of this information.

 

Cookies are files sent to a browser, through a Web server, to record the User’s navigation in the Web Space, when the User allows their reception. If you wish, you can configure your browser to be notified on the screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser for more information.

Thanks to cookies, it is possible that the browser of the computer used by the User can be recognized in order to provide content and offer the browsing or advertising preferences that the User, to the demographic profiles of the Users as well as to measure visits and traffic parameters, control the progress and number of entries.

  1. REPRESENTATIONS AND WARRANTIES

 

In general, the contents and services offered in the Web Space are merely informative. Therefore, when offering them, no guarantee or statement is given in relation to the contents and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, veracity, accuracy, or merchantability, except to the extent that such statements and guarantees cannot be excluded by law.

  1. FORCE MAJEURE

 

The Responsible will not be responsible in everything in case of impossibility to provide service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

  1. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

 

These General Conditions of Use, as well as the use of the Web Space, will be governed by Spanish legislation. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of the registered office of the person responsible for the website.

In the event that any stipulation of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, the Responsible will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.