1. INTRODUCTION AND COMPANY DATA
2. PURPOSE AND SCOPE OF APPLICATION
3.1. The access to the Website by Users is free. However, in case there are services and/or contents provided through the Website offered by Merlin or a third party, which are subject to booking and/or prior hiring of the service/content and to the payment of an amount of money, this will be subject to the contents of the corresponding Particular Conditions, which will be available to the User beforehand, easily accessible and clear. 3.2. Access to the Website is forbidden for minors unless they have prior and express authorization of their parents, guardians or legal representatives, who will be considered accountable for the acts carry out by the minors under their care, pursuant to the current regulation. In any case, it will be presumed that the access made by a minor to the Website has been made with the prior and express authorization of their parents, guardians or legal representatives. 3.3. The access and navigation of the Website does not require registration, however, in case the User requests information through the Website, this has to be done prior registration in the “Contact form” of this Website and this will be done by selecting the User, email and message.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1. Merlin is the holder or has obtained the corresponding license on the intellectual and industrial property exploitation rights of the Website, as well as the intellectual and industrial property over rights on the contents, services and products available through it. Under no circumstances, shall be deemed understood that the User’s access and navigation through the Website or the acquisition of Merlin products offered through the Website, implies a waiver, transmission, license or total or partial assignment of such rights by X. 4.2. Consequently, it is not allowed to suppress, avoid or manipulate the copyright notice or any other data that identifies the rights of Merlin or its holders incorporated to the Contents and products, as well as the technical devices of protection, fingerprints, watermarks or any other information and/or any identification mechanism that could be contained therein. 4.3. All intellectual and industrial property rights are reserved and, more specifically, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, re-publish, upload files, send by mail, transfer, use, deal or distribute in any way, all or part of the Contents and products included in the Website for public or commercial purposes if there isn’t any express and written authorization of Merlin or, where appropriate, the holder of the corresponding rights.
5. USE OF THE WEBSITE
Additionally, the User expressly undertakes not to destroy, alter, disable or damage in any way the data, software, or electronic documents and others found on the Merlin Website.
The User undertakes not to obstruct the access of other Users to the access service by massively consuming the IT resources through which Merlin provides the service, as well as to carry out any action that may harm, interrupt or generate errors in said systems.
The User agrees not to introduce software, virus, macros, applets, ActiveX controls, or any other logical device or sequential characters that may cause or could cause any type of alteration in the IT systems of Merlin or third parties.
5.2. Access, navigation and use of the Website is the sole responsibility of the User, so the User undertakes to diligently and faithfully observe any additional instructions formulated by Merlin or by authorized Merlin personnel regarding the use of the Website, as well as its Contents and products. 5.3. The contents included in the Website are provided to people who browse the Website, to people who request information through the Contact Form and to people interested in the contents and products offered by Merlin. Any unauthorized commercial use thereof is forbidden unless with the prior written authorization of Merlin.5.4. Thus, the User agrees to use the contents in a diligent, correct, legal manner and specially, undertakes to refrain from: Using the content for purposes contrary to the law, morality and generally accepted good practices or public order. Reproducing or copy, distribute, allow public access through any type of public communication, transform or modify the contents unless there is an authorization from the holder of the corresponding rights or the action is legally permitted. Using the contents and, in particular, the information of any kind obtained through the Website or the services to send any kind of advertising, communications for direct marketing purposes or any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to refrain from commercializing or disclosing any information that way. Should the User know the existence of any content that is unlawful, illegal, contrary to the law or that could imply an infringement of intellectual and/or industrial property rights, he, shall notify Merlin immediately so that the company can take the appropriate measures.
6. LICENSE ON COMMUNICATIONS
6.1. In case the User sends information of any kind to Merlin through the Website, through the channels made available for that purpose on the Website itself, the User declares, guarantees and accepts that they have the right to do so freely, that such information does not violate any intellectual property, trademark, patent, trade secret, or any other right of third parties, that such information is not confidential and is not harmful to third parties. 6.2. The User acknowledges assuming responsibility and will hold Merlin harmless from any communication provided personally or on its behalf, taking on said responsibility with no limitation regarding conciseness, legality, originality and entitlement thereof.
7. RESPONSIBILITIES AND WARRANTIES
7.1. Merlin shall not warrant nor take any responsibility for i) the continuity of the contents held in the Website; ii) the absence of errors in said contents and products; iii) the absence of virus and/or any other harmful contents in the Website and the server that hosts it; iv) the invulnerability of the Website and/or impregnability of the safety measures adopted in it; v) the lack of usefulness or performance of the contents and products of the Website; vi) damages or losses caused, whether to himself or a third party, by any person that violates the conditions, norms and instructions established by Merlin in the Website or by violating the safety systems of the Website. Notwithstanding the aforementioned, Merlin declares that has adopted all the necessary measures within its capacity and technology status, to guarantee the operation of the Website and avoid the existence and transmission of virus or any other damaging component to Users. 7.2. Merlin will not be responsible in the case in which third-parties advertise their services or products in the Website, nor will it be liable for the truthfulness of the information given by the provider of said services or products, for managing and delivering the orders to Users, obtaining the administrative authorizations that can be requested from the provider for the provision of services, infringement of third-party rights by the provider and, mostly, for any obligation or guarantee required of the provider by Users.
8.1 Links to other Websites Should the User find links to other pages on the Website by means of buttons, links, banners, etc., these will be managed by a third-party. Merlin is not entitled nor has the human and technical means to identify, control or approve all the information, contents, products or services provided by other Websites to which links can be established from the Website. Thus, Merlin shall not take any responsibility for any aspect relating to the Website that can be accessed from a link on the Website, specifically, by way of example and not limited to its operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents, in general. In this regard, should Users have effective knowledge of the illegality of activities carried out by these third-party Websites, they shall inform Merlin immediately so that they can disable the access link to it. The establishment of any kind of link from the Website to any other external Website shall not imply any existing relationship, collaboration, or dependence between Merlin and the entity responsible for said external Webpage. 8.2. Links in other Websites leading to the Website Should any User, entity or Website wish to establish any kind of link leading to the Website, they should abide by the following conditions: The link shall only redirect to the Home of the Website unless there is an express written authorization from Merlin. The link shall be complete and absolute, this meaning that it should redirect the user with one click to the URL of the Website itself and cover the entire extension of the screen of the Main Page of the Website. Unless it is expressly authorized in writing by Merlin, the Website that establishes the link shall not reproduce the Website in any way, nor include it as a part of their Website or inside one of their “frames” or create a “browser” of any of the sections of the Website. The page that establishes the link shall not declare in any way that Merlin has authorized said link unless Merlin has done so expressly and in writing. Should any entity that successfully establishes the link from their page to the Website wish to include in their Website the trademark, corporate name, trade name, label, logo, slogan or any other identifying element from Merlin and/or the Website, they should get the express and written authorization from Merlin. Merlin does not authorize the creation of a link to the Website from Webpages that include illicit, illegal, degrading, obscene materials, information or content and, in general, that contravene morality, public order or generally accepted social norms. Merlin is not entitled nor has the human and technical means to identify, control or approve all the information, contents, products or services provided by other Websites that have established links to the Website. Merlin shall not take any responsibility for any aspect regarding the Website that shows said link leading to the Website, including more specifically (but not limited to) its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general.
9. DURATION AND MODIFICATION
9.1. Merlin shall be able to modify the terms and conditions established herein, whether totally or partially, posting any change in the same manner that the Legal Notice and through any type of communication addressed to Users. 9.2. Thus, the validity period of this Legal Notice matches the time of exposure until they are totally or partially modified, moment in which the modified Legal Notice shall enter into force. 9.3. Notwithstanding the contents of the particular conditions, Merlin may terminate, suspend or interrupt at any time and without prior notice, the access to the contents of the page and Users shall not be able to request any kind of compensation. After said termination, the prohibitions of use of the contents set forth above in this Legal Notice shall remain in force.
10. GENERAL CONSIDERATIONS
10.1. The headings of the different clauses are only for information purposes and shall not affect, qualify, or expand the interpretation of this Legal Notice. 10.2. In case there is a discrepancy between the content of this Legal Notice and the particular conditions of any specific service, the content of the latter shall prevail. 10.3 In case any disposition of this Legal Notice is deemed void or non-applicable, whether totally or partially, by any Court or competent administrative body, said nullity or non-applicability shall not affect the rest of the dispositions of this Legal Notice. 10.4. The non-exercise or execution by Merlin of any right or provision contained in this Legal Notice will not constitute a waiver of it unless expressly stated in writing on their part.
The relationships established between Merlin and the User shall be governed by the provisions of current regulations regarding applicable law and competent jurisdiction. However, for the cases in which the regulations provide the possibility for the parties to submit to a jurisdiction, Merlin and the User, expressly waiving any other jurisdiction that may correspond to them, shall submit any controversies and/or disputes they may have to the Courts of the city of Madrid.