Legal Notice and Agreement

Legal Notice and Agreement

This Legal Notice regulates the access and use of the Internet portal whose registered address is: tresmarescapital.com (hereinafter referred to as Portal), it is operated by TRESMARES CAPITAL CORPORATE, S.L.; its registered office address is: MÉNDEZ NUÑEZ 17, MADRID; CIF (Tax Identification Number): B-88476999; email: privacidad@tresmarescapital.com

The Website is available free of charge except for the costs charged by users’ internet service provider. By using the Portal you (hereinafter referred to as User) indicate that you accept the terms and conditions included in this Legal Notice.

Duration of the access to the Portal is limited to the period in which the User is logged on to it or to any of the services provided by it. User, therefore, must read this Legal Notice carefully every time the Portal is used since this document as well as the website Terms and Conditions are subject to change.

Intellectual and Industrial Property

All content displayed or available on the Portal, including texts, photos, graphics, image files, icons, technology, software, links, audiovisual files, as well as its graphic design and source code (hereinafter, referred to as Content) is the intellectual property of Tresmares or the third parties.
According to the current applicable regulations on the intellectual property the User has no exploitation rights and, therefore, may only make use of the Content when accessing and utilising the Portal.
Trade marks, business names or distinctive marks are property of Tresmares or the third parties. Accessing the Portal does not imply the User has the right to use such trade marks, business names and/or distinctive marks.

Terms and Conditions

General

The User agrees to use Portal properly and only for lawful purposes in compliance with relevant legislation and this Legal Notice. Should the User fail to abide by the above-mentioned rules, he or she shall be held liable to Tresmares or the third party for any damages caused as a result.

The Portal must not be used for any purposes that may be detrimental for assets or interests of Tresmares or the third parties; it must not be overcharged or have its networks disabled or harmed in any way. The servers and other IT systems (hardware) along with software tools and products (software) that are property of Tresmares or the third parties must not be endangered or damaged.

Content

The User agrees to use the Content in compliance with relevant legislation and this Legal Notice, as well as other applicable terms, regulations and instructions.
Abiding by the current regulations, the User must refrain from doing certain actions, including, but not limited to the following:

  • You must not reproduce, duplicate, copy, distribute, offer, repost to other sites, change or modify the Content unless the law, Tresmares or the entitled owner of the intellectual property in question explicitly allows you to do so.
  • In compliance with the current regulations on intellectual property you must not reproduce or copy for personal use the Content that might be considered Software or Database; you must not repost it or make it available for the third parties if such actions imply its further reproduction by the User or the third party.
  • • You must not extract and/or re-use the whole or the relevant parts of the Content of the Portal, as well as the databases provided to the Users by Tresmares.

Linking to the Portal

The Internet users that wish to introduce links from their webpages to the Portal must meet the requirements listed below. Ignorance of these rules shall not be an excuse, and they shall still be held liable in the event of breaking them.

The link shall only be established with the “home page” or the Portal home site and it shall not be possible to reproduce it in any way (inline links, text copies, graphics, etc.).

In accordance with the current applicable regulations the Portal must not be framed on any other site so as to enable visualisations of the Content on the website other than that of the Portal. Content, therefore, must not be reproduced jointly with the content unrelated to the Portal if it: (I) leads, or may lead, to an error, confusion or misleads users regarding the real origin of the service or Content; (II) generates acts of unfair comparison or imitation; (III) takes advantage of the prestige and reputation of Tresmares service mark; or (IV) in any other way fails to comply with the current regulations.

The page that establishes the link shall not include any untrue, inaccurate or false statements regarding Tresmares, its partners, employees, clients or quality of the services they provide.

En ningún caso, se expresará en la página donde se ubique el enlace que Tresmares ha facilitado su consentimiento para la inserción del enlace o que de otra forma patrocina, colabora, verifica o supervisa los servicios del remitente.

In no event shall the web page that has published such link suggest that Tresmares has given its approval for the link establishment or that Tresmares may sponsor, collaborate, monitor or supervise the services of the referrer.
Using any type of word marks, pictorial marks or combination marks along with any Tresmares distinctive mark shall not be allowed on the referrer’s webpage, except when permitted by law or expressly authorised by Tresmares. In the latter two cases, the direct link with the Portal must be established following the steps described in this clause.

The website to which our page is linked must comply with the law and must not contain or have links to the content (be it their own or that of the third party) that is: (I) illegal, harmful or immoral and indecent (pornographic, violent, racist, etc.); (II) create or may create a misleading impression among Users that Tresmares shares, approves, endorses or supports in any way thoughts, ideas or statements, legal or illegal, of the referrer; (III) inappropriate or irrelevant to Tresmares activity regarding the place, content and topics on the referrer’s web page.

Exclusion of liability

For service quality

Providing access to the Portal does not imply Tresmares can guarantee that the site will be secure or free of viruses, bugs or malware. A responsible User must be equipped with the necessary tools to detect and clean their computers from possible malicious software.

Tresmares, therefore, shall not be held liable for damages that may have been caused to the Users’ or third parties’ computers while they were using the Portal services.

For service availability

Guaranteed access to the Portal requires services and supplies provided by the third party, telecommunication systems for data transport, among others, whose reliability, quality, and uninterrupted operation do not depend on Tresmares. The services provided through the Portal can, therefore, be suspended, cancelled or become inaccessible, before or during the use of Portal services.

Tresmares shall not be held liable to the User for any loss or damages resulting from telecommunication systems network disconnections or break downs that may lead to suspension, cancellation or interruption of the Portal services, before or during their use.

For Portal content and linked services

Portal access service may include linking technical devices, directories or even some search tools that may let the User access other pages and Internet portals (hereinafter referred to as “Third-party Links”).

In such cases, in compliance with article 17 of the Law 34/2002, of 12 of July, on Information Society Service and Electronic Commerce (LSSI), Tresmares as an intermediary service provider shall be liable only for contents and services supplied on the Third-Party Links as long as we have actual knowledge of their illegal nature and has not deactivated the link with due diligence.

In the event the User deems there is a Third-Party Link with illegal or inappropriate content, he or she can inform Tresmares about it following the guidelines of the procedure established in Clause 5. Upon receiving such report Tresmares shall not have the obligation to remove the link in question.

The presence of the Third-Party Links does not automatically imply Tresmares has some kind of agreements with the hosts or owners of these sites or that Tresmares recommends, promotes or supports any of the services, ideas or statements posted on them.

Tresmares does not have actual knowledge of the content and services of the Third-Party Links and, therefore, shall not be held liable for the damages that may be caused by illegal nature, quality, outdatedness, unavailability, errors or uselessness of the content and/or services provided by the Third-Party Links, or for any other harm or damage that cannot be directly attributed to Tresmares.

Reporting illegal and inappropriate activities

In the event that the User or any other Internet user has the knowledge of the fact that the Third-Party Links take you to the pages whose content or services are illegal, harmful, insulting, violent or indecent; or that some information added by the Users themselves by means of the Portal services can also be deemed as the ones previously described, they can contact Tresmares and provide the following information:

  • Informer’s personal information: name, address, telephone number and email;
  • Details of the facts that reveal the illegal or inappropriate nature of the Third-Party Link;
  • In the event the intellectual or industrial property rights have been breached, personal information of the affected holder of the right must be included (if the informer and the right holder are not the same people). In addition, you must submit the official document that proves legal ownership of intellectual property in question along with the power of attorney to represent the holder of the right in case he or she and the informer are not the same people;
  • Explicitly testify that the information included in the claim is accurate.

Should the above-mentioned information not be submitted, according to the guidelines established in the LSSI, the acquisition of actual knowledge about the activities and/or content reported by the informer shall not be proved.

Law and jurisdiction

This Legal Notice in its entirety is governed by the provisions of the Spanish Law and if necessary will submit to the jurisdiction of the Courts of Madrid.