Terms and conditions

1. OBJECT

The present Terms and Conditions of Website Use regulate the use of the website www.martineznieto.com and of any website owned or controlled by Martínez Nieto, S.A. (“Website”), located in Pol. Ind. Los Camachos Sur – Av. del Carbono 44, parcela 96 30369 Los Camachos / Cartagena (SPAIN), CIF A30603757, and registered in the Register of Commerce of the Province of Murcia, Spain in book 16, 3rd section, sheet 31, page 266.

By accessing, browsing or using this site you agree to have read and accepted these Terms and Conditions of Website Use and accept to abide by them. The use and access to this Website will be subjected to the Conditions of Use that are in force at the time of entering the site. Martínez Nieto, S.A. reserves the right to modify at any time any of the present Conditions of Website Use as well as any other general or particular conditions that may be applicable. Martínez Nieto, S.A. will indicate in the Website the changes made to them and users will be requested to give consent. Anyway Martínez Nieto, S.A. invites Users to check the present Terms and Conditions of Website Use periodically.

The access to this Website is free except for the the cost of connecting to the network provided by your supplier.

2. USE OF WEBSITE

The User ackowledges and accepts that having access and using the Website and/or its Contents takes place freely and conciously under the user’s exclusive responsibility. Martínez Nieto, S.A. will not be in any way responsible for the way Users or third parties use the Website or its Contents or for the damage that may derive from it.

The User undertakes to make a proper use of the Website and its Contents that abides by current laws, the present Terms and Conditions of Website Use, moral customs generally accepted and the public order.

The User will refrain from (i) making an unauthorized or unlawful use of the Website and/or its Contents; (ii) having access or trying to access restricted Website areas; (iii) using the Website and/or its Contents with unlawful or illegal intentions or that are contrary to that established in the present Terms and Conditions of Website Use, to the principle of Good Faith, to public order, that damage the rights or interests of third parties or that in any way may damage, set out of order or overload the Website or hinder the normal use of the Website; (iv) causing damage to the Website or to the systems of its suppliers or of third parties; (v) introducing or spreading computer viruses or any other physical or logical system that may damage Martínez Nieto, S.A. systems, those of its suppliers or of third parties, (vi) trying to access, use and/or manipulate Martínez Nieto, S.A. data, those of third parties, suppliers or other users; (vii) reproducing, copying, distributing or allowing public access through any broadcasting method, transforming or changing contents except with authorization of the owner of the copyright or if it is legally permitted; (viii) suppressing, hiding or manipulating the notes about copyright and all other data indicating the rights of Martínez Nieto, S.A. or of third parties that have been included in the Contents as well as the technical protection devices or any other information mechanisms that may be included in the Contents; (ix) obtaining or trying to obtain the Contents through means that are different from those that, given the case, have been made available for this purpose or have been specifically indicated in the website in which the Contents are included or that are commonly used on the Internet, and which do not involve a risk of damage or disable the Website and/or its Contents.

3. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The User acknowledges and accepts that all rights of intellectual and industrial property regarding the Contents and/or any other elements contained in the Website (including without limits brands, logos, commercial names, texts, pictures, graphics, designs, sounds, database, software, flow charts, audio and video presentations ), belong to Martínez Nieto, S.A. and/or third parties.

Martínez Nieto, S.A. authorizes the users to use, visualize, print, download and store the Contents and/or elements included in the Website for personal, private and non-lucrative purposes, always when source or author is indicated and when, given the case, the copyright or trademark logo of the owners appear. It is strictly forbidden to use those elements, reproduce, broadcast and/or distribut them for commercial or lucrative purposes, as well as their modification, alteration or decompilation.

Any other use of any Content or other elements included in the website different from those hereby specifically indicated is subjected to prior authorization by Martínez Nieto, S.A. or the third party that is the owner of the copyright.

4. LINKS

The Website may include links or search tools that allow users to access websites of third parties. Such elements will be offered as a reference. In any case users are advised to check the Terms and Conditions of Website Use and the private policy of the websites of third parties which they may enter through the links present in the Website.

Although Martínez Nieto, S.A. checks the content of the websites prior to setting up a link to them and only facilitates access to those websites that, in good faith and to the best of its knowledge, abide by current laws, Martínez Nieto, S.A. neither approves nor controls the contents of those websites or any other modifications of them and refuses to accept any responsibility for any damage that may arise from the access, use or impossibility of use by the Users of any website or its contents to which a link has been established.

Notwithstanding the above, Martínez Nieto, S.A. reserves its right to remove the links to any website if it finds out effectively that the activities taking place in that website or its contents are illegal or infringes the rights of third parties, or when the company is required to do so under a court or an administrative order.

5. DISCLAIMER

Martínez Nieto, S.A. does not guarantee the availability or continuity of the Website and will not be held responsible for the contents stored by third parties in any Martínez Nieto, S.A. Website owned by Martínez Nieto, S.A.. Therefore Martínez Nieto, S.A. will not be responsible for any damage that may derive from (i) the lack of accessibility to the Website; (ii) interruption in the functioning of the Website or computer or telephone failures, disconnection, delay or blocking caused by defficiencies or overloading of telephone lines, data centres, Internet system or other electronic systems that may occur during the course of the its functioning; and (iii) other damages that may be caused by third parties by means of unauthorized interference beyond the control of Martínez Nieto, S.A..

With the aim of reducing the risk of computer viruses entering the Website, Martínez Nieto, S.A. uses a virus detection program that controls all contents introduced in the Website. Nevertheless, Martínez Nieto, S.A. does not guarantee the absence of either viruses or any other elements that may be introduced by third parties outside Martínez Nieto, S.A. that may produce alterations in the Users’ physical or logical systems or in the electronic documents and files stored in its systems. Therefore, Martínez Nieto, S.A. will not be held responsible in any way for any damages whatsoever that may derive from the the presence of viruses or other elements that may cause alterations in the Users’ physical or logical systems.

Martínez Nieto, S.A. takes different measures to protect Website and Contents against computer attacks from third parties. Nevertheless, it does not guarantee that non-authorized third parties may know the pages of the Website visited by the User as well as the conditions, characteristics and circumstances in which the User visits the Website. As a consequence, Martínez Nieto, S.A. will not be held in any way liable for damage that may arise from such non-authorized access.

Martínez Nieto, S.A. reserves the right to make changes, corrections and/or improvements in Contents any time and without previous notice. All Contents will be supplied “as they are”, without guarantee of any type, neither specified nor tacit. The same way, Martínez Nieto, S.A. neither guarantees nor ensures the truthfulness of the Contents supplieds through the Website and it does not guarantee either that these contents are right or updated. Martínez Nieto, S.A. will not be held responsible for decisions made on the basis of the information present in the Website nor for the damages caused to you or third parties through activities based only on the information obtained on the Website.

6. GOVERNING LAW AND JURISDICTION

The present Terms and Conditions of Website Use as well as the relation between Martínez Nieto, S.A. and the User will be governed and interpreted according to Spanish Law. The parties agree to be subject to the exclusive jurisdiction of the Courts of the city of Cartagena in order to solve any controversy with relation to the present Terms and Conditions of Website Use.