Legal Terms and Conditions

Purpose

The website www.domenechcorbella.com (hereinafter, the “Portal“) is owned and managed by Xavier Domènech Corbella, graduated in Law and a practicing lawyer by the Barcelona Bar Association (“ICAB”), with registration number 34.374 and address in Igualada (Barcelona) (hereinafter, the “Owner”). To contact the Owner, directly and effectively, you can write to the email address xavier@domenechcorbella.com.

All professional rules applicable to practicing lawyers are set forth in the Spanish General Lawyers Regulations (“Estatuto General de la Abogacía Española”), approved by Royal Decree 658/2001, of 22 June (you can access it through the website of the Boletín Oficial del Estado, www.boe.es/, and of the Consejo General de la Abogacía Española, http://www.cgae.es/).

The professional activity of the Owner is also ruled by the Spanish Lawyers Code of Ethics, published on 30 July 2000 and in force since 1 January 2003 (accessible at http://www.cgae.es/).

This Legal Notice regulates access to and use of the Portal and its contents (hereinafter, the “Legal Notice” or “General Terms and Conditions of Use“). Notwithstanding the foregoing, access to certain content and the use or contracting of certain services, may be subject to certain specific terms and conditions (hereinafter, the “Particular Terms and Conditions“), which, depending on the case, will completely replace and/or modify the respective General Terms and Conditions of Use and, in case of conflict, will prevail over the General Terms and Conditions of Use.

Browsing through the Portal or use thereof in any manner brings with it the condition of user (hereinafter, the “User”) and implies full and unreserved acceptance of this Legal Notice and of all the General Terms and Conditions of Use included therein, of the Privacy and Cookies Policy, without exemption, as well as, where applicable, of the Particular Terms and Conditions that may complement, substitute or modify these in any way in relation to the services and content of the Portal. If you do not agree with these terms or with our Privacy and Cookies Policy, please refrain from using this Portal and the services offered therein. Otherwise, we will consider that there is full acceptance on your part.

Consequently, we recommend that all Users carefully read the General Terms and Conditions of Use contained in this Legal Notice each time the User accesses or uses the Portal and, as the case may be, the corresponding Particular Conditions. The User can access, print, download and save the General Terms and Conditions of Use and the General Terms and Conditions for Customers at any time. These conditions will be permanently accessible on the Portal through the Legal Notice link for Users and Customers.

In any case, the Owner reserves the right to modify, at any time and without prior notice, the design, content, presentation and configuration of the Portal, the Privacy and Cookies Policy, the General Terms and Conditions of Use and the corresponding Particular Terms and Conditions, as well as some or all services, as well as add new services. Therefore, Users are advised to consult this Legal Notice whenever they are going to use the Portal or any of its services. In any case, the Owner reserves the right, at any time and without prior notice, to deny access to this website to those Users who breach any of the General Terms and Conditions of Use, and, as the case may be, the Particular Terms and Conditions for individuals that are applicable to them.


General Terms and Conditions of Use of the Portal

In general, access to the content of the Portal is free, although some of the services and content offered by the Owner through the Portal may be subject to prior contracting and to the payment of an amount that will be specified in the personal contracting conditions.

The User agrees to make use of the information, content and services to which he/she has access on this Portal, respecting the Law, good customs and general conditions established in this Legal Notice, as well as respecting other Users.

The User is aware, and voluntarily and expressly accepts, that the use of the Portal is in any case under his/her sole and exclusive responsibility and agrees to not undertake any conduct that could damage the image, interests and rights of the Owner or of Third Parties, or that could damage, disable, overload or, in any way prevent, the normal use of the Portal. Consequently, the User will not use any of the materials and information contained on this Portal for unlawful purposes nor purposes expressly prohibited in this Legal Notice, and which are contrary to the rights and interests of the Owner and/or Third Parties, and shall be liable to them in cases that violate or breach said obligations or, in any way (including the introduction or dissemination of “computer viruses”), partake in any action that damages, impairs, impedes or prevents the normal use of Portal and its contents, information systems or the documents, files and any kind of content stored on any computer equipment belonging to the Owner or any User of the Portal.

In the event that the User sends information or content of any type to the Owner through the Portal, or through the channels arranged for such purpose on the Portal itself, the User declares, guarantees and accepts that he/she has the right to do so freely, that said information and/or content do not infringe any intellectual or industrial property, trade secret, or any other right of any Third Party, that said information or content are not confidential and are not harmful to any Third Party. The User shall be solely responsible for the integrity and validity of the information, content and data provided to the Owner, guaranteeing at all times the truthfulness and accuracy of said information, content and data.

The User must not send the Owner any type of confidential information without having previously consulted with the Owner and having received authorization to send such information.

The User agrees to assume responsibility for any communication that he/she provides personally or on his/her behalf, and shall indemnify the Owner of such liability including, without restriction, the accuracy, legality, originality and ownership thereof.

The User agrees to refrain from engaging in any conduct that is considered to be “spam”, such as sending advertising of any kind and communications for sales or other commercial purposes to a multitude of persons without their prior request or express and informed consent, nor may the User send unsolicited or previously unauthorized chains of emails, or use distribution lists that can be accessed through the Portal to carry out such activities.

Any User who fails to comply with the obligations set forth shall be liable for all damages caused to the Owner and/or to Third Parties. The Owner reserves the right to exercise any legal action that is necessary to defend his rights.


Intellectual and Industrial Property on the Portal and its contents

All intellectual and industrial property rights on the Portal and on its contents are legally reserved. All content on the Portal, including, but not limited to, texts, images, videos, sounds, trademarks, trade names, logos, graphics, structure and design, colour combinations or presentation forms, source codes, animations, software and/or computer applications, regardless of their format, programming language and form of representation, as well as the domain name www.domenechcorbella.com, are owned by the Owner, or the Owner has acquired the corresponding rights for their owners, and this is protected by international laws and treaties in the field of intellectual and, where appropriate, industrial property, as well as by the regulations pertaining to domain names.

By means of this Legal Notice, no rights of intellectual or industrial property on the Portal or on any of its content or elements, are transferred to the User, and the User is expressly prohibited from reproducing, transforming, distributing, extracting, reusing, forwarding, making available, or public dissemination or any type of use, by any means or procedure, of the Portal and/or any of its content, except as expressly provided herein.

Any use or reproduction of such content, in whole or in part, that is not motivated by profit, is allowed only if all of the following conditions are met: (i) prior use is communicated to the Owner; (ii) the source is cited; (iii) a hyperlink to the Portal is included; and (iv) there is explicit recognition of authorship. The content of the Portal may also be used or reproduced in the cases explicitly permitted in Articles 31 to 40 of the Spanish Intellectual Property Law (Royal Legislative Decree 1/1996, of 12 April).

The User undertakes to use the content of the Portal in a diligent, correct and lawful manner and, in particular, undertakes to refrain from using said content in a way, for purposes or effects contrary to law, morality and good customs or public order, or in any way that allows to suppress, elude or manipulate the “copyright” and other data identifying the rights of the Owner incorporated into the content, as well as technical protection devices, watermarks, digital footprints or any other security or information mechanisms.

The use of frames or any other mechanism intended to conceal the origin or source of the content is forbidden, and any use, transformation or exploitation thereof with commercial, promotional purposes, or purposes that are contrary to the laws, moral or public order, and which could damage the interests of the Owner or that of any legitimate Third Party, or which constitute unfair competition or, in general, are against the provisions of this Legal Notice, are forbidden.

It is also prohibited to decompile, disassemble, perform reverse engineering, sublicense or transmit in any way, translate or perform derivative works of the computer programs necessary for the operation, access and use of the Portal and the services contained therein, as well as to perform, in respect to all or part of such programs, any of the acts of exploitation referred to in the preceding paragraphs. The User shall in any case refrain from deleting, altering, evading or manipulating any of the Portal’s security devices or security systems.

The User undertakes to respect the rights enunciated and to avoid any action that could prejudice these, with the Owner reserving the right to exercise of whatever legal actions or procedures corresponding to him in order to defend his legitimate intellectual and industrial property rights.


Privacy and Cookies Policy

The privacy and cookies policy of www.domenechcorbella.com is determined by what is established in the section “Privacy and Cookies Policy“.


Limitation of Liability

The contents of the Portal are offered just for information purposes. The access to those contents doesn’t imply any kind of professional relationship between the User and the Owner as a lawyer. Thus, Users shall not take the information contained in the Portal as a legal advice. In case they want a legal advice adapted to their needs, they should contact the Owner and ask for a free estimate.

The User must bear in mind that all contents of the Portal, including the blog posts, might not reflect the current legislation or case law about the analysed subjects. Moreover, those contents may be modified, developed or updated without prior notice, and under no circumstances such contents could replace or be understood as a legal advice by the Owner. Therefore, the Owner shall not be responsible, either directly or indirectly, for the Users using the information contained in the Portal as if it was a legal advice. Should the User need legal advice, we recommend that he/she contacts the Owner or any other professional lawyer and asks for a free estimate.

The Portal contains links (hyperlinks such as buttons, links, banners, etc.) to other websites and it does so having good faith that such content complies with the law. This does not mean that the content of any website that the Owner has a link to are approved or recommended. If the User accesses these links, he/she does so at his/her own risk. The Owner does not guarantee the veracity, accuracy, or validity of the content, services, texts, graphics and links of such websites.

Links or third-party content that appear on the Portal, including comments on the blog, are provided for the purpose of expanding the information or indicating other points of view, so that they belong to their author or signatory, and do not necessarily reflect the views of the Owner, its staff or collaborators. Their inclusion on the Portal does not imply the acceptance of such content, nor the association of the Owner with those Users responsible for them, so the Owner does not guarantee the absence of viruses or other harmful elements in such content and rejects any responsibility in relation to them, as well as for any damages that may be caused for any reason to the Users’ computer systems (equipment and applications), documents or files.

The Owner is only be responsible for such content in accordance with the provisions of Spanish Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (“LSSI“), in cases where, having known of its illegality, it does not eliminate or block the corresponding content within a reasonable time. The Owner will remove, as soon as possible and upon being advised of this, any link to websites whose content is contrary to law, personal dignity or that could cause damage, prejudice or mislead users. If the User becomes aware of the existence of any link to illegal content, or content that is contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, they must notify the Owner immediately so that the Owner can proceed with adopting the appropriate measures. To this end, the Owner appeals to the User’s collaboration, requesting them to, as soon as they have knowledge of any link or content of these characteristics, send an email to the address xavier@domenechcorbella.com.

The Owner does not guarantee the reliability, availability or continuity of the operation of the Portal or its content for technical reasons, security, control or maintenance of the service, due to any failures as a result of the server hosting the content or to other intermediaries or suppliers, for attacks against the computer systems, or for any other reason arising out of causes beyond its control, and therefore rejects, to the maximum extent allowed by current legislation, any direct or indirect liability for these.

The User is responsible for taking the necessary precautions to verify the non-existence of viruses or other types of harmful programs. The Owner is not responsible for the existence of harmful elements (such as viruses) that could cause damage or malfunction to the User’s systems, software, hardware, programs, documents and electronic files. Likewise, the Owner is not liable for any damages that, as a consequence of these, the User may cause to any Third Party. The Owner is also not responsible nor guarantees the invulnerability of the Portal and/or the impregnability of the security measures adopted within it. The Owner assumes no responsibility for any lack of utility or performance of the content, products and services offered or provided on the Portal.

The User uses this Portal voluntarily and under his/her sole and exclusive responsibility, so the Owner will not be liable, contractually or extracontractually, for damages, direct or indirect, unforeseen, emergent or punitive, resulting from the access or use of this Portal by Users, or for any actions taken on the basis of the information provided therein and in the wrong belief that the contents of the Portal may constitute a binding legal advice.


Hyperlinks

The User and, in general, any individual or legal entity that intends to establish a hyperlink or technical linking device from his/its website to the Portal must obtain prior authorization in writing from the Owner. In any case, the establishment of such hyperlinks does not imply the existence of a relationship between the Owner and the owner of the website in which the hyperlink is established, nor the Owner’s acceptance or approval of the content or services of the website linked.


Amendments and updates to this Legal Notice

The Owner reserves the right to make, at any time and without prior notice, modifications and updates of the information and content included on the Portal and in this Legal Notice. Therefore, it will be the responsibility of every User of the Portal to carefully read the Legal Notice in force on each of the occasions he/she accesses the Portal, so if the User does not agree with any of the terms and conditions set forth here, he/she should refrain from using the Portal. Otherwise, if you still use the Portal, it will be understood that you tacitly accept all the Terms and Conditions of the Legal Notice. The temporary validity of this Legal Notice therefore coincides with the time of its exposure, until its terms and conditions are totally or partially modified, at which point the modified Legal Notice will become effective.


Nullity

In the event that any clause of this Legal Notice is declared null, the remaining clauses will remain in force and must be interpreted according to the will of the parties and the purpose of the text.


Applicable law and jurisdiction

All issues or controversies regarding the Portal and content and application of this Legal Notice, or to the Owner’s activities under the terms and conditions of the Legal Notice will be governed by Spanish law.

The jurisdiction to resolve the aforementioned issues or controversies shall correspond to the Courts and Tribunals of the city of Barcelona (Spain), to which the parties expressly submit, with waiver of any other forum that may correspond to them, if permitted by law.

Copyright 2017, Xavier Domènech Corbella. Total or partial reproduction, distribution, public communication or modification is prohibited without express authorization from the Owner. All rights reserved.

Last version: September 2017.