General terms and conditions
These conditions (hereinafter “General Conditions”) regulate the access and use of the Internet website https://kingmarine.es (hereinafter “King Marine Website”), as well as the different web pages that make it up which KING MARINE, S.A. (hereinafter "KING MARINE") makes available to you as a user (hereinafter the "User").
The use of King Marine Website implies full acceptance by the User of all the General Conditions in force at any time the User accesses the King Marine Website. Therefore, if the User does not agree with any of the conditions established here, he/she must refrain from using King Marine Website.
KING MARINE reserves the right to modify, without prior notice, these General Conditions, as well as their configuration, location and any other general or particular terms, regulations of use, instructions or notices that may be applicable. Likewise, KING MARINE reserves the right to suspend, interrupt or stop operating King Marine Website at any time.
Through King Marine Website, KING MARINE provides Users with information, data, distinctive signs, works, photographic images, and simulation tools (hereinafter referred to as the "Contents"), by way of example and without limitation. The User is only entitled to access and use them under the terms set in these General Conditions.
CONDITIONS OF ACCESS AND USE OF THE WEBSITE
1.1 Access and use of the Website
KING MARINE requires its Users to use King Marine Website and its content responsibly and lawfully.
Users acknowledge that they are over the age of eighteen (18) and accept that access to and use of King Marine Website and/or its Contents takes place freely and consciously, under their own responsibility.
Access to King Marine Website and/or the Contents included therein does not imply any kind of guarantee with respect to King Marine Website and/or the Contents included therein, as it is merely for guidance purposes. Therefore, no guarantee is given as to its suitability for the particular or specific purposes that Users may expect or assume. The technical information that may be provided may vary in accordance with the modifications that KING MARINE, as the manufacturer, may identify from time to time.
KING MARINE may establish limitations and/or additional conditions for the use and/or access to King Marine Website and/or its Contents, which must be observed by Users in all cases.
2. Obligations of the User for the use of the Website and the Contents
The User is obliged to comply with these General Conditions, as well as with any special warnings or instructions contained in the King Marine Website and to act at all times in accordance with the law, good customs and the requirements of public order and good faith, using his or her best endeavours to be attentive and diligent, taking into account the nature and consideration of the service he or she is enjoying. To this end, they shall refrain from using King Marine Website in any way that could prevent, hinder, damage or deteriorate its normal operation, the assets or rights of KING MARINE, its suppliers, the other Users or any third party in general.
Specifically, by way of illustration only and without implying any restriction on the obligation assumed by the User in general in accordance with the preceding paragraph, the User undertakes to use King Marine Website:
- Not to introduce or disseminate on or from King Marine Website, any information or material that is defamatory, offensive, obscene, threatening, xenophobic, pornographic, in support of terrorism, inciting violence or discrimination on the grounds of race, sex, ideology, religion or that in any way threatens the form, public order, fundamental rights, public freedoms, honour, privacy or image of others and in general the regulations in force.
-Not to introduce, store or disseminate through King Marine Website any computer program, data, virus, code or any other instrument or device that may cause damage to King Marine Website, to any of the services, or to any of the equipment, systems or networks of KING MARINE, of any User or in general of any third party, capable of causing any type of alteration or preventing the normal functioning of the same.
-Not to obstruct access to King Marine Website to third parties.
-Not to carry out , advertising, promotional or commercial exploitation activities of King Marine Website. In such a way that the Contents and in particular the information obtained through King Marine Website will not be used to send advertising, to send messages for direct sales purposes or for any other commercial purpose, nor to collect or store personal data.
-Not to destroy, alter, disable or damage the data, information, programs or electronic documents of KING MARINE that are displayed or included on King Marine Website.
-Not to introduce or disseminate through King Marine Website any content that infringes the rules of intellectual property, industrial or rights of third parties, nor in general any content which does not hold, in accordance with the law, the right to make it available to third parties.
2.3 Introduction and use of Links
The link, such as hypertext, banners, buttons, directories and any other search tool, understood as the technology that connects two websites or two web pages (hereinafter the "Link") may be used both by Users to establish a connection between their website and King Marine Website, and by KING MARINE to make access to websites other than King Marine Website available to Users. However, these links must be subject to the terms established below.
Introduction of Links by the Users
Those Users who wish to establish a link between their Website and King Marine Website must comply with the following obligations:
-Prior to establishing a link on a website other than this one, the express previous written authorisation from KING MARINE will be required.
-The link will only allow access to King Marine Website, not allowing the link to final pages or the frame, nor create any "border environment". Such access shall not allow the reproduction of King Marine Website in any form.
-No false, inaccurate or incorrect statements or indications will be made about King Marine Website.
-It shall not be stated or implied that KING MARINE has supervised or assumed the content, products or services offered or advertised on the website where the link is established.
-The website where the link is established shall not contain any trademark, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs or intangible assets belonging to KING MARINE and/or third parties, without the express previous written authorisation of the owner of the same.
The website where the link is established shall not contain information or content that is illicit, contrary to generally accepted morality and good customs and public order, or contrary to any rights of third parties.
Use of Third-Party Links on King Marine Website
The installation of third party links by KING MARINE has the sole purpose of facilitating Users with access to available information offered by third parties and does not imply that KING MARINE promotes, endorses, guarantees or recommends the websites of third parties. The links included in the King Marine Website are only offered as informative references, without any type of assessment or guarantee regarding their content, ownership, services or products offered by them. Furthermore, KING MARINE does not assume any responsibility for their suitability, correctness or functioning.
Users must be extremely careful when evaluating and using these links, and KING MARINE is exonerated from any responsibility regarding the information, data, files, products, services and any kind of material or intangible assets existing in the pages accessed through them.
INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
All the Content shown on King Marine Website and including, without limitation, designs, photographs, texts, graphics, logos, trademarks, comparison tools or any other intangible assets protected by industrial and intellectual property regulations are subject to the intellectual and industrial property rights of KING MARINE or of third party owners who have duly authorised KING MARINE for their inclusion on King Marine Website.
In no case shall it be understood that any licence is granted or any waiver, transfer, total or partial assignment of such rights is made, nor is any right of exploitation of such assets conferred, unless expressly established in advance in writing by KING MARINE or by the holders of the corresponding rights.
KING MARINE authorises Users to use, view, print, download and store the Free Content and/or the elements inserted in King Marine Website when expressly indicated; provided that in all cases the origin and/or author of the same is indicated and that, where appropriate, the copyright symbol and/or notes on industrial property of its owners appear. Except in the terms previously mentioned, the exploitation of such assets (reproduction, communication, distribution, transformation, etc.) is strictly forbidden. Consequently, for any use other than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights in question.
EXCLUSION OF GUARANTEES AND LIABILITY
Exclusion of guarantees and liability for the use of King Marine Website
KING MARINE does not guarantee the availability and continuity of the operation of King Marine Website and the services or Content offered therein, including with regard to its updating, and is exempt from all liability for damages of any kind that may arise from such circumstances.
KING MARINE will carry out, as long as there are no circumstances that make it impossible or difficult to carry out and as soon as it is aware of errors, disconnections and/or lack of updating of the contents, all those tasks aimed at correcting the errors, re-establishing communication and/or updating the aforementioned contents.
Likewise, KING MARINE does not guarantee either the technical reliability of King Marine Website, or access to its various pages, and is equally exonerated from all liability for damages of any kind that may arise from this cause.
Furthermore, KING MARINE is not responsible for any possible errors or deficiencies in security that may arise from the use by the User of an out-of-date or unsafe browser with respect to damages, errors or inaccuracies that may arise from the malfunctioning of the browser.
In order to reduce the risk of introducing viruses into King Marine Website, KINJG MARINE uses virus detection programs to monitor all Content that you introduce into King Marine Website. However, KING MARINE does not guarantee the absence of viruses or other elements in King Marine Website introduced by third parties outside of KING MARINE that could cause alterations to the systems of Users or to the electronic documents and files stored in their systems. Consequently, KING MARINE will under no circumstances be responsible for any damages of any kind that may arise from the presence of a virus or other elements that may cause alterations to the systems, documents or files of Users.
KING MARINE adopts various protective measures to protect King Marine Website, the data collected and the Contents against computer attacks by third parties in accordance with existing technology.
Exclusion of guarantees and liability related to the use of Third-Party Links on King Marine Website
KING MARINE checks the existing content of the websites to which it links at the time it establishes a link to them. KING MARINE includes this link on King Marine Website at that time in the belief in good faith that such content complies with applicable legislation. However, under no circumstances does KING MARINE accept responsibility for, approve or make its own the products, services, content, information, data, files and any kind of material existing on the websites of third parties, and it does not control or accept responsibility for, approve or make its own any subsequent modifications to such material. In the event that it deems it appropriate or is required to do so by court or administrative order, KING MARINE will remove links to those websites that violate applicable legislation and/or infringe upon the rights of third parties.
ACTIONS IN CASE OF DEFAULT
KING MARINE reserves the right to exercise as many actions as are available at law to demand the responsibilities arising from the breach of any of the provisions of these General Conditions of King Marine Website by a User.
The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective will not affect the validity or effectiveness of the remaining clauses, which will remain binding between the parties. The waiver by either party to demand at any given time the fulfilment of any of the general conditions stipulated herein shall not imply a general waiver of the fulfilment of another condition or conditions, nor shall it create an acquired right for the other party.
APPLICABLE LAW AND JURISDICTION
These General Conditions shall be governed by the provisions of Spanish law.
In the event of any dispute relating to the conditions of use and access to King Marine Website contained in this document of General Conditions of King Marine Website, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by law, to the Courts and Tribunals of the city of Valencia.
Valencia, January 30th of 2020