This Legal Notice regulates the use of the domain and website "www.cobeach.net" (herein after, the "Portal") that is owned by Manuel Valle Romero (herein after, "C&O Beach" is mentioned on behalf of the owner) with NIF 37266791Y and tax address at Vidrieria street nº 15 in the city of Barcelona with zip code 08003 in the province of Barcelona in Spain.
By using the Portal, the client, visitor or interested guest (herein after, "User/s") is aware of and agrees with the Legal Notice, the Privacy Policy, the Cookies Policy and the Terms and Conditions published in the Portal, in such a way that if you do not agree with them, we ask you to refrain from using it.
C&O Beach reserves the right, at its sole discretion, to modify, add or remove clauses from the conditions of use at any time. It is the responsibility of the User to consult this Legal Notice periodically in order to check if there are any updates that may affect them. Finally, the User is informed, and accepts, that access to this Portal does not imply, in any way, the beginning of a commercial relationship with C&O Beach.
Terms of use
The User undertakes to make lawful, diligent, honest and correct use of the information or content accessed through the Portal. The User cannot reproduce, transmit or exploit the content of this Portal, except with the express authorisation of C&O Beach.
It is prohibited the use of page-scrapers (data extraction), robots, spiders or other programs or algorithms, methodologies or similar manual or automatic processes to access, copy or systematically monitor the content of the Portal in order to obtain or attempt to obtain materials, documents or information.
It is prohibited to explore, scan or assess the vulnerability of this Portal or any network connected to it, as well as breaking the security or authentication measures of this Portal. The tracking or search of data of users, visitors or other Users of the Portal is not allowed, including Portal accounts of which the User is not the owner. It is also not allowed to exploit the Portal or any other service or information available or offered through it in any way for the purpose of revealing information, including without limitation, personal identification or information that is not one's own provided by the Portal. It is also prohibited to access without authorization any part or provision of the Portal or any C&O Beach server and the services offered through the Portal, through hacking or forgery, password extraction or any other illegitimate means. Impersonation of other individuals or entities is considered illegal.
The User agrees not to carry out any action that causes disproportionate and unnecessary saturation or that interferes with the proper functioning of the Portal infrastructure or in the systems or networks of C&O Beach, as well as in the systems and networks connected to the Portal.
In order to use certain features or services offered through the Portal, it is necessary to create a Customer account, with an email account and password. It is the Client's responsibility to maintain the confidentiality of the account information, as well as each and every one of the activities that occur in it. The User agrees to inform C&O Beach immediately if he becomes aware of any illegitimate use of his account, or if any security-related problem occurs. However, the User will be responsible for the losses incurred by C&O Beach or any other User or visitor of the Portal if someone uses their Portal account.
It is not allowed to use in any case the Portal account of another User without their express consent. C&O Beach will not be responsible for any loss or damage caused by the breach of these obligations.
Portal Content
C&O Beach strives at all times to ensure that its Portal displays accurate, reliable and up-to-date content and is not responsible in relation to informational content that may be or is displayed on the Portal incorrectly or inaccurately.
C&O Beach is not responsible for any damage that could be caused to a User of this Portal, as a consequence of the illegal or inappropriate use of it, either as a consequence of the contents and information accessible or provided through it, or of the linked websites. In this case, those responsible will be the Users or third parties causing the damage.
The User must not misuse this Portal through the intentional insertion into it of viruses, Trojans, worms, or any other technologically harmful or damaging program. The User will not try to gain unauthorized access to this Portal, to the server where the Portal is hosted or to any server, computer or database related to this Portal. The User commits not attacking this Portal through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. C&O Beach will report any breach of these regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in case of non-compliance with this clause, you will immediately cease to be authorised to use this Portal.
C&O Beach will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically damaging or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this Portal or downloading content from it or to which it refers.
Unless these terms of use explicitly state otherwise, you may not copy, reproduce, upload, send, publicly display, encode, translate, transmit or distribute in any way any part or content of the Portal on any other computer, server , website or in any other means of publication or distribution without the prior written consent of C&O Beach.
The owners of other websites that wish to create a hyperlink to the Portal commit not establishing hyperlinks with websites that contain content, statements or propaganda of a racist, xenophobic, pornographic, apology for terrorism nature and, in general, may harm in any way the good name or image of C&O Beach.
The presence of hyperlinks on the Portal is for informational purposes only and C&O Beach is not responsible for or grants any kind of guarantee, either express or implied, regarding marketability, suitability, quality, characteristics, origin, commercialisation or any another aspect of information and products.
Intellectual property
All the content of the Portal, including, without limitation, databases, images and photographs, drawings, graphs and text files, as well as the collection, design, arrangement and assembly of all the content of the website is owned by C&O Beach or by content providers subject to a license assigned and protected by intellectual property regulations.
The brands, labels, distinctive signs and logos of the Portal are owned by C&O Beach and are duly registered and are protected by trade dress, copyright and trademark laws, as well as other intellectual property rights and unfair competition laws.
The texts, data and graphic drawings are owned by C&O Beach and cannot be subject to further modification, copying, transformation, alteration, reproduction, adaptation or translation by third parties, without the express authorization of the owner. The provision of texts, data and graphic drawings does not imply, in any case, the transfer of their ownership or the granting of a right of exploitation, reproduction, dissemination, transformation, distribution or transmission in their favour, other than the right of use that involves the legitimate use of the Portal.
Limitation of Liability
C&O Beach do not guarantee that the Portal, its content and features will not contain errors or will not be interrupted or that the use that Users make of the Portal will provide specific results. The Portal and its content are offered as they are and with the availability established at the time of use. All published information is subject to change without notice. C&O Beach cannot guarantee that files or other data downloaded from the Portal do not contain viruses or other destructive characteristics.
Due to the open nature of this Portal and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this Portal unless it is expressly established. Description of products, information and materials that appear in this Portal are provided as truthful information and without express or implicit guarantees about them.
To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded against Users. The provisions of this clause will not affect your legal rights as consumers, nor your right of withdrawal.
C&O Beach is not responsible for the acts, omissions or conduct of third parties related to the use given to the services offered on the Portal. The use that Users make of the Portal and its linked sites is solely its responsibility. The only way to show your disagreement with the Portal and its content or procedures is to stop using it.
The disclaimer specified above applies to any damages, liabilities or losses caused by any malfunction, error, omission, interruption, deletion, defect, delay in operation or transfer, virus, communication line failure, theft or destruction, or by unauthorised access, alteration, or use, whether due to breach of contract, negligence, or otherwise.
At any time, and without prior notice, C&O Beach reserve the right to modify, suspend or terminate the operation or access to part or all of the Portal for any reason, as well as modify or change any applicable policy or condition, when necessary to carry out maintenance, bug fixes or other changes.
Except where prohibited by law, in no event shall C&O Beach be liable for consequential, incidental or incidental damages, including profits lost, revenue or sales lost and loss of data, even if it is aware of the possibility that such damages could occur. If despite the provisions established in these conditions of use, C&O Beach had to indemnify for any damage or loss caused or related to the use of the Portal or its content, the responsibility in relation to any product purchased on the Portal will be strictly limited to the purchase price of the mentioned product.
Notwithstanding the foregoing, our liability is not excluded or limited in the following cases: In the event of death or personal injury caused by our negligence, in the event of fraud or fraudulent misrepresentation, in any matter in which it was illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Applicable legislation
In general, the relations between C&O Beach and Users of its online services, through the Portal, are subject to Spanish legislation and jurisdiction. For any dispute that may be filed between the parties, C&O Beach and Users submit to the exclusive jurisdiction and competence of the Courts and Tribunals of Barcelona (Spain), expressly waiving any other jurisdiction that may correspond.
To prepare this Portal Policies, the following legislations have been taken into account: the provisions of Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE), Law 7/1998 on General Conditions of Contract, 1906/1999 Royal Decree on Telephone or Electronic Contracting regulation, Royal Legislative Decree 1/2007 of November 16 which approves the Consolidated Text of the General Law for the Defence of Consumers and Clients and Other Complementary Laws, Law 47/2002 of December 19 on reforming Law 7/1996 of January 15 on the Regulation of Retail Trade adapting Directive 97/7/CE to the Spanish legal system, regarding distance contracts and for the adaptation of the Law to various Community Directives and Law 23/2003, of July 10, on Guarantees in the Sale of Consumer Goods.