This Legal Notice regulates the use of the Internet PORTAL http://arcayfishing.com (hereinafter, the “Portal”) owned by Fly Fishing Arcay S.L. (hereinafter in relation to this PORTAL, called “Arcay Fishing”, an entity with Tax Identification Number (NIF) B70512959, with registered address in A Coruña.
- USER: Anyone who accesses the PORTAL or who uses or features the CONTENTS included in the PORTAL.
- CONTENTS: Any information, text, link, software, material, tools, including photos of Products and Services Offered, trademarks, logos, drawings, etc., whose provision and access occurs on-line through the PORTAL and by browsing it.
- LEGAL NOTICES: All those clauses and conditions (general or particular) provided in the PORTAL, in addition to any legal regulation that is applicable for the use of the PORTAL itself, etc.
- SPAM: For the purposes of this Legal Notice, this is defined as the indiscriminate sending of messages to e-mail accounts without the prior authorisation of the owners of the e-mail addresses.
Arcay Fishing® advises the USER to carefully read both these general conditions and the other legal notices set out in the PORTAL, and in particular all those conditions or mentions related to the Contents, as well as the “Protection of Personal Data” section.
In the event that any queries arise from the reading of these legal notices, please do not hesitate to contact Arcay Fishing® at firstname.lastname@example.org.
The USER expressly declares and accepts that access to the PORTAL implies the unequivocal commitment to comply with each and every one of the legal notices for the mere access and use of any of the CONTENTS supplied and/or provided by the PORTAL. In any case, if the user does not understand or assume the fulfilment of all or part of the aforementioned notices, they must not access or use the PORTAL and/or the CONTENTS supplied and/or provided through it.
Likewise, the user unequivocally and expressly declares and accepts that the legal notices shall be in force at all times, from the beginning of access to the PORTAL, and that these can be modified at any time by Arcay Fishing® without the need for prior communication.
The language of the Portal for all purposes, i.e. for access, use and/or contracting, etc., is Spanish.
Arcay Fishing®, through the PORTAL, offers the user access to a series of Contents that may be supplied or provided by Arcay Fishing® or by third parties, the main purpose being supplying and/or providing access to information on Arcay Fishing® products and services, as well as their purchase.
Arcay Fishing® reserves the right to limit, interrupt and suspend access to the PORTAL at any time, as well as the use of all or some of its CONTENTS, whether they have free or restricted access.
Likewise, Arcay Fishing® reserves the right, at any time, to modify the location on the PORTAL of the CONTENTS, as well as the configuration of the CONTENTS and access to them, and even the “look and feel”.
CONDITIONS FOR ACCESS AND USE OF THE PORTAL
- Access and general use of the PORTAL made by a USER.
The USER expressly and unequivocally accepts that access to and use of the PORTAL does not imply any type of guarantee, which is expressly waived by Arcay Fishing®, with regard to the suitability of the contents included therein for particular or specific purposes of the USER. Consequently, both access to the PORTAL and the use of the CONTENTS is carried out under the exclusive responsibility of the USER, and Arcay Fishing® shall not be liable in any case and to any extent, either for direct or indirect damage, or for consequential damages or for loss of profit, for any damages arising from the use of the CONTENTS, or for any conclusions that the USER may draw from their use, whether these are accessible on the PORTAL or on other Web Pages through existing connections and “links”.
Likewise, Arcay Fishing® shall in no case be responsible, even indirectly or subsidiarily, for the CONTENTS provided or offered by third parties or entities (or for their marketing and manufacturing conditions), or for contents, information, communications, opinions or statements of any kind originated or released by third parties and which are accessible through the PORTAL, not being in any case a guarantee or support for the use or acquisition of products or services from third party suppliers of them.
The USER expressly and unequivocally accepts that Arcay Fishing® may at any time establish additional conditions or restrictions for access to the PORTAL and for the use of the CONTENTS, the observance of which shall be immediately complied with by the USER without the need for prior communication.
Access to the PORTAL is provided in good faith by Arcay Fishing®, so in view of the fact that many of the CONTENTS may be supplied or provided by third parties, Arcay Fishing® warns and the USER knows and accepts that some of the available data or texts may not be completely exact or updated, despite the fact that Arcay Fishing® uses its best efforts to do so, so Arcay Fishing® shall only and exclusively be responsible for the contents directly provided by Arcay Fishing® and expressly identified with its Copyright.
- Authorised use of the PORTAL and its Contents.
The USER expressly and unequivocally declares that they shall have access to the PORTAL and, if applicable, use of it and the CONTENTS therein provided in accordance with the legal notices, these general conditions, the particular conditions that may be available for each CONTENT, as well as other applicable regulations, good uses and customs, good faith and public order. In any case, by way of illustration but not limited to, the USER agrees to:
- a) Not access or use the PORTAL or its CONTENTS, in ways that are not permitted or contrary to the purpose of the PORTAL and the regulatory framework that regulates it.
- b) Access and/or use the PORTAL and/or the CONTENTS within the principles and purposes for which they were created and made available to the USER, also respecting the availability format and the legal notices provided herein. For the sake of compliance with these principles and purposes, the USER, by way of illustration and not limited to, agrees to:
- i) Not to carry out or attempt to carry out actions that entail or may entail direct or indirect damages, of a general nature, to the PORTAL and the CONTENTS set out therein, and especially, to the rights of Arcay Fishing® or of any third party;
- ii) Not to carry out or attempt to carry out actions that affect, whether these are, among others, to modify, manipulate or eliminate references or formats of references or mentions on the protection of intellectual or industrial property rights of Arcay Fishing® or of third parties, both of the PORTAL itself and of the CONTENTS in it and other ELEMENTS that compose it;
iii) Carry out actions that damage or may damage Arcay Fishing® systems or those of third parties, or that affect or may affect the normal development of the purpose of the PORTAL. These actions include the introduction of computer viruses into Arcay Fishing® systems, USERS or any third party that affect or may affect the PORTAL in any way, as well as actions aimed at spreading these viruses both on the PORTAL and on the network through the PORTAL.
- c) The USER shall be liable for all damages of any nature that Arcay Fishing®, any other USER or a third party may suffer as a consequence of the improper use that they make of the PORTAL or the CONTENTS provided therein.
They shall also be liable for any amount that Arcay Fishing® must pay as a consequence of an administrative resolution, a final judicial judgement or a transactional agreement aimed at compensating third parties for damages caused by the same motive.
The USER expressly and unequivocally declares that they undertake not to reproduce or copy, distribute, allow public access through any means of public communication, transform or modify the CONTENTS, unless they have the authorisation of the holder of the corresponding rights or it is legally permitted, as well as not to break or attempt to break the protection devices or any information mechanisms that may be inserted in the CONTENTS, referring for example to the protection of their intellectual or industrial property.
The USER undertakes not to obtain or attempt to obtain the CONTENTS by using means or procedures other than those which, as the case may be, 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 which are habitually used on the Internet because they do not entail a risk of damage or disablement of the PORTAL and/or the CONTENTS.
COMMERCIAL ACTIVITY OF THIRD PARTIES THROUGH THIS WEB PORTAL
In the event that references or links to products and/or services of third parties or to PORTALS of third parties that include their products and/or services are included through the PORTAL or through commercial communications, where applicable, consented to by the user that may be sent by Arcay Fishing®, the USER expressly accepts that Arcay Fishing® does not guarantee or take responsibility for the purchases of said products and/or services from third parties, or for the quality, characteristics, etc., of said products and/or services. In addition, Arcay Fishing® shall not be responsible for the processing of the personal data of the USERS carried out by the third party.
There is no acceptance, delivery or payment through this PORTAL, so there is no electronic contracting of any service/product from third parties other than Arcay Fishing®.
Arcay Fishing® acts through the PORTAL as a mere communication channel, but does not endorse the products of third parties in the event of advertising of them. The commercial transactions that take place must be subject to the legal provisions in force.
In the case of third party CONTENTS in the PORTAL, Arcay Fishing® does not edit or produce such third party contents, and consequently, does not guarantee or is it responsible for the legality, reliability, usefulness, veracity, accuracy, exhaustiveness and timeliness of said CONTENTS. Arcay Fishing® shall in no case be liable for any damages that may result from:
- i) the lack of legality, reliability, usefulness, veracity, accuracy, completeness, and/or actuality of the CONTENTS originated by third parties;
- ii) inadequacy for any purpose and disappointment of the expectations generated by the CONTENTS;
iii) decisions or actions taken or avoided by the USER relying on the information or data supplied or provided in the CONTENTS, including without limitation the loss of profits or business opportunities.
Any possible claim that could be raised for these concepts must be directed against the third party who has provided the Contents or who is seller of goods or provider of services.
- INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS.
The USER expressly and unequivocally accepts and declares that all industrial and intellectual property rights over the PORTAL and the CONTENTS and/or any other elements inserted in the PORTAL, such as, but not limited to, photos, “look-and-feel”, software, designs, images, databases, texts, sounds, brands, logos, graphics, etc., belong to Arcay Fishing® and/or to the third parties that Arcay Fishing® designates or self-identify.
In no case does access to the PORTAL or the use of Contents imply any type of waiver, transmission, licence or total or partial assignment of said rights, unless the contrary is expressly established. This Legal Notice does not confer any other right of use, alteration, exploitation, reproduction, distribution or public communication of the PORTAL, of the CONTENTS other than those expressly provided for herein.
Any other use or exploitation of any rights shall be subject to the prior, written and express authorisation specifically granted for this purpose by Arcay Fishing® or the third party holder of the affected rights. In the event that the aforementioned authorisation occurs, the use or exploitation shall be subject to the provisions thereof, and in all cases the rights shall be exercised in accordance with the principles of good faith and in accordance with legal notices, and the origin and/or author thereof shall be indicated in all cases, with mentions or references to the intellectual and industrial property available and/or the copyright symbol of the owners thereof. Likewise, in the event that there is an authorised printing, downloading and storage of CONTENTS, etc., this shall be done exclusively for the personal, private and non-profit use of the USER.
Should any user be interested in obtaining any type of authorisation for the use of any of the protected materials, they should contact Arcay Fishing® at the address email@example.com.
- EXCLUSION OF GUARANTEES AND LIABILITY
E.1. Exclusion of guarantees and liability for access to and use of the PORTAL.
Arcay Fishing® does not guarantee the availability and continuity of the functioning of the PORTAL or of those other websites with which a Link has been established. Likewise, Arcay Fishing® shall in no case be liable for any damages that may result from:
- i) The lack of availability or accessibility to the PORTAL or to those other sites with which a Link has been established;
- ii) The interruption in the operation of the PORTAL, or of the CONTENTS provided therein, or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, in the Internet system or in other electronic systems produced in the course of its operation;
iii) The lack of suitability of the PORTAL or the CONTENTS for the specific needs of the USERS and;
- iv) other damages that may be caused by third parties through interference affecting the PORTAL which are not authorised and beyond the control of Arcay Fishing®. Likewise, Arcay Fishing® warns that the quality of the CONTENTS provided in the PORTAL and the use made of them by the USER, depend to a great extent on the fact that the hardware and software of the USER complies with the technical requirements that where appropriate may be necessary at Arcay Fishing®’s discretion. Such technical requirements may be disclosed through the PORTAL or by means of particular communications to USERS, and must be complied with by the USER. Therefore, Arcay Fishing® is not responsible for the impossibility or deficiency in the availability of CONTENTS or the use thereof by the USERS in the event that they do not comply with the aforementioned technical requirements.
In order to reduce the risk of the introduction of viruses into the PORTAL, Arcay Fishing® uses virus detection programmes to control all Contents it enters into the PORTAL. However, Arcay Fishing® does not guarantee the absence of viruses or other elements in the PORTAL introduced by third parties unconnected to Arcay Fishing® that may produce alterations in the physical or logical systems of the USERS or in the electronic documents and files stored in their systems. Consequently, Arcay Fishing® shall in no case be responsible for any damages of any nature that may derive from the presence of viruses or other elements that may produce alterations in the physical or logical systems, electronic documents or files of the USERS.
Arcay Fishing® adopts various protection measures to protect the PORTAL and the Contents against computer attacks by third parties. However, Arcay Fishing® does not guarantee that unauthorised third parties cannot have access to the type of use of the PORTAL made by the USER or the conditions, characteristics and circumstances in which such use is made. Consequently, Arcay Fishing® shall in no case be liable for any damages that may arise from such unauthorised access. In any case, Arcay Fishing® may deny or limit access to USERS of the CONTENTS at any time, as well as it may also eliminate or remove the CONTENTS, if in the opinion of Arcay Fishing® the provisions of this Legal Notice and other legal notices are being infringed, or the principles that inspire the correct development of the purpose of the PORTAL.
E.2. Exclusion of guarantees and liability in connection with the Links.
In the event that the PORTAL makes available to USERS technical linking devices, directories and search tools that allow USERS to access pages and/or websites belonging to and/or managed by third parties, Arcay Fishing® shall check the existing content on such pages at the time it establishes a link to them and shall do so in the good faith belief that such content complies with applicable law.
However, in no case Arcay Fishing® is responsible for, approves or makes its own the products, services, contents, information, data, files and any kind of material existing in such web pages and does not control or make itself responsible, approves or makes its own the successive modifications of such materials.
In the event that Arcay Fishing® deems it appropriate or is required to do so by judicial or administrative order, Arcay Fishing® shall remove links to those websites that infringe applicable legislation and/or infringe the rights of third parties.
E.3. Anonymous browsing through the website.
Arcay Fishing® only obtains and keeps the following information about visitors to our website:
- the domain name of the provider (ISP) and/or IP address that gives them access to the network. In this way we can compile statistics on the countries and servers that visit our website most often.
- The date and time of access to our website. This allows us to find out the busiest times, and make the necessary adjustments to avoid saturation problems during our peak hours.
- The Internet address from which the link to our website started. Thanks to this data, we can know the effectiveness of the various banners and links pointing to our server, in order to enhance those that offer better results.
- The number of daily visitors to each section. This allows us to know the most successful areas and increase and improve their content, so that users get a more satisfactory result.
The information obtained is totally anonymous, and in no case can it be associated with a specific and identified user.
E.4 Browsing with Cookies
- The date and time of the last time the user visited our website.
- The design of contents that the user chose in their first visit to our website.
- Security elements involved in controlling access to restricted areas.
The user has the option to prevent the generation of cookies, by selecting the appropriate option in their browser. However, the company warns them that deactivating them may prevent the proper functioning of the page.
USE OF LINKS
All those who intend to establish a link, hyperlink or link (the “link”) between their website and the PORTAL must obtain prior authorisation from Arcay Fishing® by submitting a request to the following email address firstname.lastname@example.org.
In the event of obtaining such authorisation, the establishment of the link shall have to meet the following requirements:
- i) The establishment of the link may under no circumstances imply any reproduction of the PORTAL, but must only serve to allow access to the PORTAL. Likewise, access via the link may only be made to the main page of the PORTAL (“homepage”), in no case to a page other than this one;
(ii) No “frame” or “border environment” shall be created on the Portal;
iii) No false, inaccurate or incorrect statements or indications shall be made about the Portal;
- iv) Arcay Fishing® shall not declare or imply that it endorses, recommends, supervises or assumes the CONTENTS or Products and/or Services Offered and provided through the web pages in which the link was established, Arcay Fishing® avoiding and waiving any responsibility that the web page may incur (its managers, owners, etc.) both for the establishment of the link itself to the “homepage” of the PORTAL as well as for the services supplied and the CONTENTS provided in said web page;
- v) In any case, the authorisation to establish the link shall only imply an authorisation to establish the link in accordance with the provisions of this section, so that in no case shall it imply, without authorisation, the possibility of use or provision in said web page in which the link of intellectual or industrial property rights of Arcay Fishing® or of any third party was established. In any case, the website on which the link is established may not contain distinctive signs that may lead to understand the existence of a relationship of association (not existing) between the services, products and content supplied and provided on the website and those supplied and provided through the PORTAL. Likewise, they cannot induce the understanding of the existence of an association (as it does not exist) between the natural or legal person or entity that manages or is the owner of said web page and Arcay Fishing® or the third party suppliers of CONTENTS of the PORTAL;
- vi) The website in which the link is established, during the period established, may not have or provide services or CONTENTS that are illicit, fraudulent, contrary to these general conditions, good faith, good customs and the rights of third party providers of CONTENTS of the PORTAL or Arcay Fishing®.
PROTECTION OF PERSONAL DATA
In accordance with Organic Law 15/1999, of 13 December, on the Protection of Personal Data, we inform you that the personal data voluntarily provided by you through the PORTAL owned by Fly Fishing Arcay, S.L., hereinafter the HOLDER, with Tax Identification Number (NIF) B70512959, with registered address in Calle Monasterio de Caaveiro, 8 – 3º D – 15010 – A Coruña shall be incorporated into files whose ownership corresponds to the aforementioned.
THE HOLDER undertakes to keep secret the personal data provided and to maintain the necessary measures, taking into account at all times the state of technology, to prevent alteration, loss, unauthorised access or processing, without prejudice that such data or access to the file that contains them may be provided to those bodies or entities that by virtue of a legal provision require them to provide such access.
The purpose of the creation, existence and maintenance of files is:
– In relation to the data collected through the “CONTACT” section, the purpose shall be to provide USERS with an answer to any question they wish to transmit.
– In relation to the data collected through the “REGISTRATION” form, the purpose shall be to validate the USERS who want to make purchases on the PORTAL, assigning them a CUSTOMER ACCOUNT and ACCESS DATA.
Likewise, the USERS are informed of their rights of access, rectification, opposition and cancellation, which may be exercised by means of a written request addressed to Arcay Fishing®, with address at Calle Monasterio de Caaveiro, 8 – 3º D – 15010 – A Coruña.
- PARTIAL NULLITY
The failure of either party to enforce any of its rights under this contract shall not be deemed a waiver of such right unless expressly communicated in writing.
Even if any part of this contract is not considered legal or valid by a court, the rest of the contract shall continue to apply.
Arcay Fishing® reserves the right to take whatever action is available in law to demand the responsibilities derived from the breach of any of the provisions of the legal notices by a USER.
- APPLICABLE LEGISLATION AND JURISDICTION
Any dispute arising from the interpretation or execution of this Legal Notice shall be construed under Spanish law.