In accordance with article 10 of Law 34/2002 of 11 July on information society services and e-commerce (Servicios de la Sociedad de la Información y de Comercio Electrónico, “LSSI”) you are hereby informed that www.magnum-partners.com (hereinafter the “Website” or the “Portal”) is operated by MAGNUM & PARTNERS REAL ESTATE, S.L. (hereinafter “MAGNUM & PARTNERS”), a company with Spanish tax identity number (C.I.F.) B85815942, registered in the Commercial Registry of Madrid, in Volume 27,200, Folio 20, Section 8, Page M-490063, with registered office at Paseo de la Habana 1, planta 15.
2.‐ Use of the Portal
This Legal Notice (hereinafter, “Legal Notice”) sets out the conditions that regulate the use of the information society services provided by MAGNUM & PARTNERS for the users of the Internet network through the Website.
Access to the Website is free of charge, except for the cost of connecting through the telecommunications network provided by the service provider contracted by the User.
MAGNUM & PARTNERS reserves the right to make changes and updates at any time and without notice to the Website, its contents, the layout and presentation, including this Legal Notice, which we recommend reading each time before logging onto and browsing the Portal.
The User undertakes not to use the Website for fraudulent purposes, and not to engage in any kind of conduct that may damage the image, interests and rights of MAGNUM & PARTNERS or of third parties, and undertakes to use the Portal, services and content included therein in a diligent, proper and legal manner. In particular, the User undertakes to refrain from suppressing, evading or manipulating the copyright and other marks indicating the rights enjoyed by the owners incorporated into the content of the Portal, along with any technical protective devices or other data mechanisms that the content may include. The User also undertakes not to act in any manner in order to damage, render useless or overload the Website, or in any manner that may impede, in any way, the normal use and operation of the Website.
If the User fails to comply with this Legal Notice, or MAGNUM & PARTNERS has reasonable suspicions that the User is failing to comply with it, MAGNUM & PARTNERS reserves the right to limit, suspend or terminate that User’s access to the Website, by adopting the necessary technical measures for this purpose. MAGNUM & PARTNERS reserves the right to decide at any time about the continuity of the services it provides through the Portal.
3.‐ Intellectual and Industrial Property
The intellectual and industrial property rights over the arrangement of the contents of the Website (including the sui generis right over the database), its graphic design (look and feel), distinctive signs (trademarks and trade names), underlying computer programs (including source code), and the various elements comprising the Portal are owned by MAGNUM & PARTNERS or MAGNUM & PARTNERS is entitled to use and exploit them; these are therefore works protected by the intellectual and industrial property legislation in force.
Use of the Website by the User in no way constitutes the transfer of any intellectual and/or industrial property rights over the Portal, its content and/or the distinctive signs of MAGNUM & PARTNERS. To this end, any reproduction, alteration, distribution, public communication, making available, extracting and/or reuse of the Website, its content and/or the distinctive signs of MAGNUM & PARTNERS by the User is hereby strictly prohibited, except in those cases where legally permitted. Reproducing elements or content of the Website for profit or for commercial purposes is expressly and strictly prohibited.
4.‐ Limitation of liability
The User acknowledges and agrees that use of the Website is at all times entirely at his/her own risk and responsibility; therefore, MAGNUM & PARTNERS accepts no liability for any misuse or abuse by the User of the Portal. MAGNUM & PARTNERS shall therefore only be liable for damage suffered by the User resulting from use of the Website when such damage is caused by our wilful misconduct. In particular, MAGNUM & PARTNERS shall not liable for:
– The content of the sites linked through the links included in the Website. In this regard, the terms contained in section 5 of this Legal Notice are applicable.
− The damage and harm of any type that may occur to the User’s computer equipment by viruses, worms, trojans or any other harmful elements. The User acknowledges that using the Internet means assuming the risk that his/her computer equipment may be affected by the aforementioned elements. Therefore, it is the responsibility of the User in any event to have suitable tools to detect and eliminate harmful computer programs.
− Damage or harm of any kind incurred by the User resulting from failure or outage of telecommunications networks which may result in the suspension, cancellation or interruption of the Website service during or prior to the provision thereof. In this respect, the User acknowledges that access to the Portal requires reliance on services provided by third parties beyond MAGNUM & PARTNERS’s control (for example, telecommunications network operators or access providers) the reliability, quality, continuity and operation of which is not the responsibility of MAGNUM & PARTNERS.
The User and, in general, any natural or legal person who wishes to establish a link from their web page or website to the Portal must obtain the prior written authorisation of MAGNUM & PARTNERS. The creation of that link does not imply in any case any relationship between MAGNUM & PARTNERS and the owner or holder of the site or page where the link is created, or any acceptance or approval on the part of MAGNUM & PARTNERS of its content or services. In any case, MAGNUM & PARTNERS reserves the right to prohibit or render inoperative at any time the links to the Website, especially in cases of illegal activity or contents of the page or site where the links are contained.
6.- General provisions
Use of the Website is governed by and must be construed in accordance with Spanish law. It shall be understood that by using the Portal the User agrees that any dispute or litigation arising between the User and MAGNUM & PARTNERS shall be dealt with by the competent courts in accordance with applicable legislation.
In the event that any of the provisions contained in this Legal Notice are held invalid, that provision shall be withdrawn or replaced. In any case, such declaration of invalidity shall not affect the validity of the remaining provisions contained in this Legal Notice.