LEGAL NOTICE

The website www.melaniemarti.com (hereinafter referred to as the “Website”) is owned by Melanie Martí Marí (hereinafter referred to as the “Company”), with its registered office in Algeciras and with Spanish National ID 53581685B.

The Company welcomes you and invites you to read carefully the General Conditions of Use of this website (hereinafter referred to as the “General Conditions of Use”), which describe the terms and conditions that will apply when you navigate through the website, in accordance with what is established in current Spanish legislation. Given that the Company may modify these General Conditions of Use in the future, we recommend that you visit them periodically in order to be duly informed of the changes made.

In order to ensure that the use of the website complies with criteria of transparency, clarity and simplicity, the Company informs the user that any suggestion, doubt or question regarding the General Conditions of Use will be received and resolved by contacting the Company at the following e-mail address: hola@melaniemarti.com.

1. Purpose

The Company provides the content and services available on the Website subject to these General Conditions of Use and the Policy on the Processing of Personal Data (hereinafter the “Privacy Policy“). Access to or use of the Website, in any form whatsoever, means that you are a “User” and implies full acceptance of each and every one of these General Conditions of Use, as well as the Company’s right to modify them at any time. Consequently, it is the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Website and, if they do not agree with any of them, they must refrain from further use of this Website.

Furthermore, it is hereby pointed out that specific conditions may sometimes be established for the use of certain services and/or content on the Website, and the use of said content or services implies acceptance of the specific conditions established therein.

2. Services

Through the Website, the Company offers the User the possibility of accessing: information about the Company, its contact details, its products and services, its rates, its business offers, its location; a contact section for enquiries facilitating their personal data; and links to access social networks (hereinafter the “Services”).

3. Privacy and Data Processing

The Company processes your personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, derogating from Directive 95/46/EC (General Data Protection Regulation) and Organic Law 3/2018. In accordance with article 13 of section 2 of the aforementioned regulation and Organic Law 3/2018, information about your personal data can be accessed through this link

4. Intellectual and Industrial Property

The User acknowledges and agrees that all the content displayed on the Website, and in particular the designs, texts, images, logos, icons, buttons, software, commercial names, trademarks or any other sign capable of being industrially used and/or commercialised, are subject to intellectual property rights and that all trademarks, commercial names or distinctive signs, all industrial and intellectual property rights relating to the content and/or any other element included on the Website are the exclusive property of the Company and/or third parties who have the exclusive right to use them in the course of trade. For this reason, the user undertakes not to reproduce, copy, distribute, make available or otherwise communicate to the public, transform or modify such content, indemnifying the Company against any claim arising from a breach of these obligations. In no case does access to the website imply any kind of waiver, transfer, licence or total or partial transfer of the said rights, unless expressly stated otherwise. The present General Conditions of Use of the Website do not in any way grant users the right to use, modify, exploit, reproduce, distribute or publicly broadcast the Website and/or its various contents, except as expressly provided herein. Any other use or exploitation of rights is subject to the prior and express authorisation specifically granted for that purpose by the Company or the third-party holder of the rights in question.

The content, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation present on this website, as well as the website as a whole, such as multimedia artistic works, are protected by copyright under the legislation on intellectual property. The Company owns the elements that make up the graphic design of the website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and other content of the website, or in any case has the corresponding authorisation to use these elements. The content of the Website may not be reproduced in whole or in part, nor may it be transmitted or stored in any information retrieval system, in any format or by any means, without the prior written permission of the Company.

It is also forbidden to delete, circumvent and/or manipulate the copyright, technical protection devices or any information mechanism that may contain the content. The user of this website hereby acknowledges and undertakes to comply with the above-mentioned rights and to refrain from any activity that may be detrimental to them. In any case, the Company reserves the right to exercise its legal rights and any legal remedies and/or proceedings available to it in order to defend its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User undertakes to:

  • Make proper and lawful use of the Website as well as its contents and services, in accordance with (i) the applicable legislation at any time; (ii) the General conditions of use of the Website; (iii) the morals and good manners generally accepted and (iv) public order.
  • Be in possession of all the means and technical requirements that are needed to access the Website.
  • Provide truthful information when completing the forms contained on the Website, and to keep this information up-to-date at all times so that it corresponds at all times to the actual situation of the user. The User shall be solely responsible for false or inexact statements made and for the damages caused to the Company or third parties by the information provided.

Notwithstanding the provisions of the section above, the Parties undertake to:

  • a) Making unauthorised or fraudulent use of the Website and/or of the contents with illicit ends or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.
  • b) Accessing or attempting to access resources or restricted areas of the Website, without meeting the conditions required for said access.
  • c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
  • d) Introducing or disseminating computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the Company, its suppliers or third parties.
  • e) Attempting to access, use and/or manipulate the data of the Company, third-party providers and other Users.
  • f) Reproducing, copying, distributing or allowing public access through any form of public communication, transforming or modifying the Services, unless you have authorisation from the relevant copyright holder, or it is legally permitted.
  • g) Deleting, eluding or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of the Company or third parties incorporated into the content, as well as the technical protection devices or any information mechanisms which may be inserted into the content.
  • h) Obtaining or attempting to obtain the content using means or procedures other than those that, as the case may be, have been placed at his or her disposal for this purpose or have been indicated as such on the Web pages where the Content is found or, in general, which are used on the Internet for this purpose provided they do not pose a risk of damaging or disabling the Website and/or the content.
  • i) Merely as a guideline rather than for exhaustive purposes, the User particularly undertakes not to transmit, disclose or make available information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material to third parties that:
    • (i) In any way contravenes, disparages or undermines the fundamental rights and public freedoms recognised constitutionally in international treaties and in other current legislation.
    • (ii) Induces, incites or promotes acts which are criminal, slanderous, defamatory, violent or, in general, contrary to law, morality and generally accepted good behaviour and public order;
    • (iii) Induces, incites or promotes acts, attitudes or thoughts that are discriminatory on grounds of sex, race, religion, beliefs, age or condition;
    • (iv) Includes, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good behaviour and public order.
    • (v) Induces or may induce an unacceptable state of anxiety or fear.
    • (vi) Induces or incites to engage in dangerous, risky or harmful practices for health and psychic balance.
    • (vii) Is protected by any intellectual or industrial property legislation pertaining to the Company or to third parties without the intended use having been authorised.
    • (viii) Is contrary to the right to honour, personal and family privacy and self-image.
    • (ix) Constitutes any type of advertising.
    • (x) Include any type of virus or program that prevents the normal operation of the Website.

In order to access some of the services and/or contents of the Website, you will be provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, the User will be responsible for its proper custody and confidentiality, undertaking not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Equally, the User is obliged to notify the Company of any fact that may imply an improper use of its password, such as, for example, its theft, loss or unauthorised access, in order to proceed with its immediate cancellation. Consequently, should the above notification not be made, the Company will be exempt from any liability that may arise from the misuse of the password, the User being responsible for any illegal use of the contents and/or services of the Website by any illegitimate third party.

If the User negligently or intentionally fails to comply with any of the obligations set forth in these General Conditions of Use, he/she will be liable for all the damages and losses that the Company may suffer from said breach.

6. Responsibilities

The Company does not guarantee the continuous access, correct display, download or use of the elements and information contained on the Websites, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.

The Company is not responsible for any decisions that may be taken as a result of accessing the content or information offered.

The Company may suspend the service or immediately terminate the relationship with the User if it finds that the use of its website or any of the services offered therein is contrary to these General Conditions of Use.

The Company shall not be liable for any damage, loss, claim or expense arising from any decision made by the User in the free exercise of his or her own judgement during a visit to the Website, unless such damage, loss, claim or expense is directly attributable to the Company as a result of a fault, error or omission on the Website.

It will only be responsible for eliminating, as soon as possible, the content that may cause such damage, provided that it has been notified of it. In particular, it shall not be liable for any damage that may be caused by, among other things:

(i) interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunication lines and networks, or by any other cause beyond the control of the Company.
(ii) illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
(iii) improper or inappropriate abuse of the Website.
(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof. The Company administrators reserve the right to withdraw, in whole or in part, any content or information present on the website.

The Company declines any responsibility for damages of any kind that may be caused by the misuse of the services freely available and used by the users of the website. The Company also declines any responsibility for the content and information that may be obtained through the data collection forms, which are intended solely for the provision of consultation and information services. On the other hand, should the user cause damage as a result of illegal or incorrect use of the aforementioned services, the Company may claim damages from the user.

You agree to defend, indemnify and hold harmless the Company from and against any claims, actions or demands made by third parties as a result of your access to or use of the Website.
Similarly, you agree to indemnify the Company against any damages arising from your use of any “robot”, “spider”, “crawler” or similar data gathering and extraction tool, or any other action that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks

The User undertakes not to reproduce in any way, even by means of a hyperlink, the Website or any of its contents, unless expressly authorised in writing by the Company.

The Company’s Website contains links to other websites managed by third parties in order to facilitate the User’s access to information from collaborating companies and/or sponsors. Accordingly, the Company is not responsible for the content of these websites, nor is it in a position to guarantee or provide the services and/or information that may be offered to third parties through the links of third parties.

The user is granted a limited, revocable and non-exclusive right to create links to the home page of the Company’s website, exclusively for private and non-commercial use. The websites that contain a link to our website (i) must not imply that the Company endorses that website or its services or products; (ii) must not misrepresent their relationship with the Company, nor confirm that the Company has authorised such a link, nor contain any trademarks, designations, trade names, logos or other distinctive signs of the Company; (iii) must not contain any content that may be considered distasteful, obscene, offensive, controversial, inciting to violence or discrimination based on sex, race or religion, contrary to public order or unlawful; (iv) must not link to any page of the Website other than the home page; (v) must link to the Website’s own address without allowing the website making the link to reproduce the Website as part of its website or within any of its “frames” or to create a “browser” on any of the pages of the Website. The Company may at any time request that a link to the Website be removed, in which case it must be removed immediately. The Company does not have the authority or the human or technical means to identify, control or approve all the information, content, products or services provided by other websites that have established links to the Website.

As a result, the Company assumes no responsibility for any aspect of the website that provides the link.

8. Cookies

You can consult the information on cookies at the following link

9. Duration and Termination

In principle, this Website and the services it provides are of indefinite duration. However, the Company may terminate or suspend any of the Portal’s services. Whenever possible, the Company will give notice of the termination or suspension of the provision of the specific service.

10. Representations and Warranties

In general, the content and services offered on the Website are for information purposes only. In the event that the products or services referred to on the Website are made available to the User, the provisions of the corresponding General Conditions of Contract shall apply.

11. Force Majeure

The Company shall not be held liable for the impossibility of providing the service due to a prolonged interruption of the power supply, telecommunication lines, social conflicts, strikes, riots, explosions, floods, acts and omissions of the government and, in general, any case of force majeure or unforeseeable circumstances.

12. Dispute Resolution Applicable Law and Jurisdiction

The present General Conditions of Use and the use of the Website are governed by Spanish law. In the event of a dispute, the parties agree to submit to the jurisdiction of the courts and tribunals of the consumer’s address, provided that it is located in Spain. Otherwise, in the case of a non-consumer user or a consumer located outside Spain, the submission will be to the courts and tribunals of the city of the company’s address. The party in breach of contract will be responsible for the judicial and extrajudicial costs arising from the claim, including the fees of lawyers, solicitors, etc.

In the event that any provision of these Terms of Use is held to be unenforceable or void under applicable law or as a result of a court or administrative decision, such unenforceability or voidness shall not render these Terms of Use unenforceable or void as a whole. In such cases, the Company shall amend or replace such provision with a provision that is valid and enforceable and that, to the extent possible, embodies the purpose and intent of the original provision.