Legal notice

REGARDING INFORMATION SOCIETY SERVICES (LSSI)
DANIËL ELKAN GROOTHUIS, the person responsible for the website, hereinafter referred to as the CONTROLLER, makes this document available to users with the aim of complying with the obligations set forth in Spanish Law 34/2002 of July 11, on Information Society and Electronic Commerce Services (LSSICE), as well as informing all users of the website about the terms of use.
Any person who accesses this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other applicable legal provisions.
DANIËL ELKAN GROOTHUIS reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or inform users of such modifications, with publication on the website of DANIËL ELKAN GROOTHUIS being understood as sufficient.

1. IDENTIFICATION DATA
Company Name: DANIËL ELKAN GROOTHUIS
Trade Name: Ember
Tax ID: Z0486617B
Address: CASTIELLO DE SELORIO 5, 33316 SELORIO, ASTURIAS
Email: [email protected]

2. PURPOSE
Through this Website, we offer users the possibility of accessing information about our services.

3. PRIVACY AND DATA PROCESSING
When access to certain content or services requires the provision of personal data, users shall ensure that such data is true, accurate, authentic, and valid. The company will process these data automatically according to their nature or purpose, as indicated in the Privacy Policy section.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY
The user acknowledges and agrees that all content displayed on the Website, including but not limited to designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use are subject to Intellectual Property rights. All trademarks, trade names, or distinctive signs, and all intellectual and industrial property rights over the contents and/or any other elements inserted on the page are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the economic marketplace.
Therefore, the user undertakes not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such content, holding the company harmless from any claim resulting from the breach of such obligations.
Access to the Website does not imply any waiver, transmission, license, or total or partial assignment of said rights unless expressly stated otherwise. These General Conditions of Use of the Website do not grant users any other rights to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its content other than those expressly provided herein.
Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by the company or the third-party owner of the affected rights.
All content, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing on this Website, as well as the site as a whole as a multimedia artistic work, are protected by intellectual property laws.
The company owns the elements that make up the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website, or has the corresponding authorization for the use of said elements.
The content provided on the Website may not be reproduced in whole or in part, nor transmitted or recorded by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the entity.
It is also forbidden to remove, circumvent, and/or manipulate copyright notices or technical protection devices or any information mechanisms contained in the content. The user of this Website undertakes to respect the rights mentioned and to avoid any action that could harm them, with the company reserving all legal means or actions for the defense of its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
The user agrees to:

  1. Use the Website and its content and services appropriately and lawfully in accordance with:
    • (i) applicable law at any given time;
    • (ii) these General Conditions of Use of the Website;
    • (iii) generally accepted moral standards and good customs;
    • (iv) public order.
  2. Obtain all the technical means and requirements needed to access the Website.
  3. Provide truthful personal information when completing forms on the Website and keep such data up to date. The user will be solely responsible for any false or inaccurate statements and the damages caused to the company or third parties.

Users must also refrain from:

  1. Unauthorized or fraudulent use of the Website or its content for illegal purposes, or in ways that damage, disable, overload, or impair the website or third-party systems.
  2. Attempting to access restricted areas without meeting the access requirements.
  3. Damaging the physical or logical systems of the Website, its providers, or third parties.
  4. Introducing or spreading computer viruses or other harmful systems.
  5. Attempting to access or manipulate the data of the company, third-party providers, or other users.
  6. Reproducing or distributing content without the holder’s authorization.
  7. Removing or manipulating intellectual property rights notices or technical protection mechanisms.
  8. Obtaining content using unauthorized or harmful methods.
  9. Sharing any material that:
    • Violates fundamental rights and freedoms,
    • Promotes criminal, defamatory, or violent behavior,
    • Encourages discrimination,
    • Provides access to illegal or offensive content,
    • Induces fear or anxiety,
    • Encourages risky or harmful practices,
    • Infringes intellectual or industrial property rights,
    • Is defamatory or invades privacy,
    • Contains advertising or malware.

If a password is provided to access certain services, the user must use it responsibly and keep it secret. Any unauthorized use must be reported immediately. Until such notice is given, the company will be exempt from liability for misuse.

6. LIABILITY
Continuous access to the website or correct visualization may be interrupted due to factors beyond control.
The company is not responsible for decisions made based on information on the Website, or for damages from:

  1. Telecommunication failures or overloads.
  2. Illegal interference by malware.
  3. Improper use of the Website.
  4. Browser errors or outdated software.

The company reserves the right to suspend or terminate access if any misuse is detected.
Users shall hold the company harmless from any claims or damages resulting from their use of the Website or automated data extraction tools.

7. HYPERLINKS
Users may not reproduce the Website or its content via hyperlinks without prior written consent.
The Website may contain links to third-party websites for informational purposes. The company is not responsible for the content or services on those websites.
A limited, revocable, non-exclusive right is granted to link to the home page for private, non-commercial use, as long as:

  • No affiliation is implied,
  • No offensive content is included,
  • Only the home page is linked,
  • No framing or browser simulation occurs.

The company may request the removal of such links at any time.

8. DATA PROTECTION
To use certain services, the user must provide personal data. The company processes these in compliance with the GDPR, LOPDGDD, and LSSI.
Full details are available in the Privacy Policy.

9. COOKIES
The company may use cookies to recognize frequent users and personalize their experience.
Cookies collect the user’s IP address, processed by Google.
You can configure your browser to block or notify about cookies.
Cookies allow tracking user preferences and traffic analytics.

10. REPRESENTATIONS AND WARRANTIES
Content and services on the Website are for informational purposes only and no warranties are made regarding their reliability, accuracy, or legality unless required by law.

11. FORCE MAJEURE
The company is not liable for service interruptions due to force majeure, including power outages, strikes, riots, floods, or government actions.

12. DISPUTE RESOLUTION, APPLICABLE LAW, AND JURISDICTION
These terms and any use of the Website are governed by Spanish law.
Disputes shall be resolved by the courts of the controller’s registered address.
If any clause is found invalid, the rest shall remain in force, and the company may replace the invalid clause with one that reflects the original intent.

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