This legal notice regulates the use of the Internet Website “www.serviciomovil.com” (hereinafter, the Website), or any other that might replace it in the future, that SEVERIANO SERVICIO MÓVIL, S.A.U. (hereinafter The Company) places at the Users’ disposal, representing a meeting place with information on this company and the services it offers.
SEVERIANO SERVICIO MÓVIL, S.A.U. has its registered office in Polígono dos Airíos Sector 2 Parcela 4, 15320 As Pontes, A Coruña (Spain), being registered in the Company Register Tomo 1066, Folio 39, Hoja C-4836, Inscripción 7ª, Employer Identification Number (EIN) A27010651.
Use of the Website confers the condition of User, and implies the acceptance of conditions in the version published at the time of access. The Company reserves the right to modify the presentation and configuration of the Website at any time, as well as the General Conditions of Access and Use. Therefore, the Company recommends that the User reads these General Conditions carefully each time they access the Website.
Access to certain Content offered via the Website may be subject to its own specific conditions which, as the case may be, replace, complete and/or modify these General Conditions. Therefore, the User, before accessing and/or using said Content should also read the corresponding special conditions carefully.
Nature and correct use of content and services
The User undertakes to use the Content in accordance with the law, with these General Conditions, as well as with moral standards and generally accepted good practice and public order.
The User undertakes to use the Content diligently, legally, correctly and legitimately and particularly and without limitation to refrain from:
- (a) using the Content for purposes or aims that are contrary to law, moral standards and generally accepted good practice or public order;
- (b) forwarding or disclosing information, data, content, messages, graphs, drawings, sound and/or image files, photographs, recordings, software and, in general, any material that might be obscene, offensive, vulgar or incite acts of a criminal, degrading, defamatory, indecent, violent nature or, in general, contrary to law, moral standards and generally accepted good practice or public order;
- (c) reproducing, copying or distributing the Content, as well as allowing public access to said Content by whatever means of public communication, or transforming or modifying the Content without the prior authorisation of the owner of the corresponding rights or unless it is legally permitted;
- (d) infringing intellectual or industrial property rights belonging to SEVERIANO SERVICIO MÓVIL, S.A.U. or to third parties, especially those corresponding to the brand “Servicio Móvil”, as well as the domain “serviciomovil.com”
- (e) using the Content and, particularly, information of any type obtained through the Website for any advertising purposes and, especially, to forward advertising, communications for direct sales purposes or any other type of commercial purpose, unsolicited messages, either individualised or aimed at a group of people, as well as trading or disclosing said information in any way.
The User will be responsible for damages of any kind that the Company may incur directly or indirectly as a consequence of the breach of any of the obligations derived under these General Conditions or the law in relation with the use of the Website.
The Company will ensure that the current legal system is upheld at all times and will be entitled to interrupt at its own discretion the Content or exclude the User from the Website as a whole or from any of the services and/or content included therein, in the event (i) of the alleged commitment of any infringement on its part, through action or omission, defined under any regulation, whether civil, criminal, administrative or of any kind, (ii) that any behaviour which, in the opinion of SEVERIANO SERVICIO MÓVIL, S.A.U. , may disturb the proper functioning, image, credibility and/or prestige of the Company.
Furthermore, to use the Website’s Content, minors must have the prior consent of their parents, tutors or legal representatives, who will be considered responsible for all the actions carried out by the minors in their charge. Full responsibility in determining the specific content and services accessed by minors corresponds to the adults who are legally responsible for them.
Disclaimer of Warranty and Limitation of Liability
The Company reserves the right to interrupt access to the Website, as well as the provision of any or all of the Content provided therein at any time and without prior notice, whether for technical, security, control or maintenance reasons, on account of power failures or for any other reason.
Consequently, the Company does not guarantee the reliability, availability or continuity of its Website or of its Content and accordingly the use of said Website or Content by the User is made at their own risk. Under no circumstances will the Company be liable in this respect.
SEVERIANO SERVICIO MÓVIL, S.A.U. will not be liable for any interruptions to the service, delays, errors, malfunction and, in general, any other inconveniences beyond the control of the Company and/or due to fraudulent or negligent action on the part of the User and/or due to force majeure. Notwithstanding the provisions of article 1105 of the Civil Code, it is understood that included in the concept of force majeure and, furthermore, for the purpose of these General Conditions, are all events that may occur beyond the control of the Company, such as: failures of third parties, operators or service companies, Government actions, lack of third- party access to networks, acts or omissions by Public Authorities, those caused as a consequence of natural phenomena, power outages, etc. In any case, whatever the cause, the Company will not accept responsibility for either direct or indirect damages, consequential damages and/or loss of earnings.
SEVERIANO SERVICIO MÓVIL, S.A.U. will not be liable for damages of any kind that may be due to a lack of truthfulness, accuracy, completeness and/or timeliness of the Content published, disseminated, stored, made available or received, or which has been accessed via the Website, or for the Content provided or offered by third parties or entities. As far as possible, the Company will try to update and rectify information contained in its Website that does not meet the minimum guarantees of accuracy. However, it will be exonerated from liability for failure to update or rectify, as well as for content and information contained therein.
SEVERIANO SERVICIO MÓVIL, S.A.U. is not responsible for the content of the information contained on its Website, or for any opinions, comments, appreciations or any other kind of declaration contained therein that has not been issued directly by the Company.
SEVERIANO SERVICIO MÓVIL, S.A.U. does not guarantee or accept any type of liability for damages incurred by third-party access to the Content by means of connections or links from linked sites. The function of the links that appear on the Website is exclusively that of informing the User of the existence of other sources of information or other Internet content and services. The Company will in no case be responsible for the result obtained through said links or for the consequences derived from User access to those links. This third-party content is provided by said links and as such the Company cannot and does not control the legality of the content or the quality of the services offered. Consequently, the User must exercise caution when evaluating and using the information and services that exist in third-party content.
SEVERIANO SERVICIO MÓVIL, S.A.U. is exempt from any liability for damages of any kind that may be due to viruses or bugs or the presence of other harmful elements in the Content that could cause alterations in the computer systems, as well as in documents or systems stored therein.
Intellectual Property Rights of the Content
All Content contained in the Website, such as texts, graphs, photographs, logos, icons, images, as well as graphic design, source code and software, the “Servicio Móvil” brand, is exclusively owned by SEVERIANO SERVICIO MÓVIL, S.A.U. or by third parties, whose rights in such case are recognised by the Company, and are subject to the intellectual and industrial property rights protected under national and international law.
The use any of the elements subject to intellectual and industrial property rights for any purpose, especially commercial, and their distribution, public communication, modification, alteration, transformation or decompiling thereof is strictly forbidden, unless expressly authorised in writing by the owner of said rights.
The breach of any of the abovementioned rights may represent an infringement of these provisions and an act that constitutes an offence under articles 270 et seq. of the Criminal Code.
Those Users who send via the Website observations, information, opinions, comments or any kind of content via the email service or any other means, in cases where this is made possible by the very nature of the services or content, are understood to have authorised the Company to reproduce, distribute, publicly communicate, transform, and exercise any other right of use, said Content, for the entire period of time copyright protection is legally provided for, without territorial restrictions, unless stated otherwise by the User. This authorisation is also understood to be given free of charge.