Legal Notice

Ownership and purpose of the Website

In accordance with the requirements of Law 20/2014, of 16 October, regulating electronic contracting and operators who carry out their economic activity in a digital space, we inform you that you have accessed a website (hereinafter “the Website”) thelastice.info which is owned by Markstar, S.L. (hereinafter “the Commerce”), duly registered in the Mercantile Register of Barcelona (Spain).
Its business address is located at:
Pintor Roig i Soler, 30 (Pol.Ind.Bonavista).
08916 Badalona (Barcelona) – Spain.

The purpose of the Website is to provide information about the products and services, activities and other initiatives of the Commerce (hereinafter, collectively, “the Initiatives”).

For any query or complaint in relation to the Website or the Initiatives, Commerce provides you with the contact e-mail address [email protected].

Acceptance of the Terms and Conditions of Use of the Website

Access to the Website implies full acceptance by its users of these terms and conditions of use, as well as the privacy policy and the cookies policy, all of which are also available on the Website (hereinafter, collectively, “the Terms and Conditions”).

Likewise, users of the Website are obliged to make diligent use of the same and of the contents contained therein, in accordance with the provisions of current legislation, as well as with good faith and good customs, and without contravening morality or public order.

Therefore, among other things, it is not permitted to access or use the Website for illegal purposes, for which, by way of example and not limitation, it is forbidden:

  • Use the Website in such a way as to cause damage, interruptions, inefficiencies or defects in its operation;
  • Use the Website to transmit, install or publish any viruses, malware or other harmful programs or files;
  • Use the Website to collect, without authorisation, personal data of other users;
  • Unauthorised access to networks or information systems connected to the Website, by hacking or forging, password mining or any other illegitimate means;
  • Breach, or attempt to breach, the security or authentication measures of the Website or any network or information system connected to the Website, or the security or protection measures inherent in the contents of the Website; or
  • Take any action that causes disproportionate or unnecessary load on the infrastructure of the Website or any network or information system connected to the Website.

Reservation of the right to modify and update the Terms and Conditions of use of the Website

Commerce reserves the right to make, without prior notice, at any time and with immediate effect, such modifications and updates to the Terms and Conditions as it deems appropriate from time to time. Therefore, Commerce recommends that users of the Website review the Terms and Conditions periodically.

Rights and legal positions on the contents that make up the Website

  • Definition of the term “content”:

For the purposes of the Terms and Conditions, the term “contents” refers to all the contents that make up the Website, being understood as such, by way of example only and without limitation, the source code, design and navigation structure of the Website, as well as the distinctive signs, videos, photographs, illustrations, graphics, texts, data and other information displayed.

  • Rights and legal positions on the contents:

The contents are subject to intellectual property rights, industrial property rights, image rights and/or other rights or legal positions of analogous economic content owned by the Commerce or by third parties who have granted it the relevant licences or authorisations. Therefore, access to the Website does not grant users any ownership or right of use over the contents (by means of, among others, their reproduction, distribution, public communication, making available or transformation), unless this is authorised by Commerce or the third parties holding the rights or legal positions in question, either by expressly indicating this on the Website or by means of prior licences or authorisations in writing to this effect.

Therefore, Commerce reserves the right to make use of watermarks, technological devices or other means of security that allow online tracking or monitoring of unauthorised use of the content. And, in any case, Commerce reserves the right to take the appropriate civil or criminal legal action against users of the Website who infringe intellectual property rights, industrial property rights, image rights or other rights or legal positions of similar economic content that apply to the content.

In the event that any user considers that any of the content violates the rights or legal positions of third parties, he/she must immediately notify the Commerce by the means of contact or complaint indicated in the section “Ownership and purpose of the Website”, so that this company can analyse and assess the case in question.

Right of exclusion from the Website

Commerce reserves the right to deny or suspend, without prior notice and at its own discretion, at any time and on a permanent or temporary basis, access to the Website to users who do not comply with the Terms and Conditions. This power of Commerce is without prejudice to any civil or criminal legal action that it may initiate against the users in question.

Responsibility

  1. Users’ Liability

Users are solely responsible for taking all appropriate measures to protect the devices and associated software through which they access the Website from, among other things, viruses, malicious code or other harmful programs or files.

Users shall be solely responsible for their use of the content provided through the Website.

In the event that they make enquiries or complaints to the Commerce by the means provided for in the section “Ownership and purpose of the Website”, users shall be liable for any damages caused to the company or third parties as a result of having provided false or inaccurate data or information.

Users shall also be liable in all other cases in which they breach the Terms and Conditions, such as, but not limited to, the cases indicated in the section “Acceptance of the Terms and Conditions of Use of the Website”.

  1. Liability of the Merchant

Commerce shall not be liable for any damages or other consequences arising from the use made by users of the Website or the contents contained therein.

Commerce shall not be liable for any damages or other consequences arising from the unavailability of the Website or its contents for technical, security, control, updating or maintenance reasons, or for errors due to servers or third party intermediaries or suppliers, such as telephone line deficiencies or Internet overloads.

Commerce shall not be liable for damages caused to users of the Website by malicious software, the actions of cybercriminals or other unlawful interference by third parties.

Commerce does not exercise any control over the services, content and/or other elements that users of the Website may access through technical linking devices, directories or other means that may be accessed through the Website (such as Facebook, Instagram, Twitter, LinkedIn and similar). Therefore, the Merchant shall not be liable for the technical availability, quality or accuracy, among others, of the services, content and/or other elements accessed, nor for damages or other consequences arising as a result of their use. Under no circumstances does the existence of the aforementioned accesses presuppose the existence of agreements with the owners or those responsible for the services, contents or other elements in question, nor the recommendation, promotion or identification of the business with the services, contents or other elements in question, nor the recommendation, promotion or identification of the business with them.

Users who decide to visit and/or use any of the third party links will do so at their own risk, and must take the appropriate protective measures.

Notwithstanding the foregoing, in the event that any user considers that any of the technical devices of links, directories or other means that can be accessed through the Website violate the rights or legal positions of third parties, they must immediately notify Commerce by the means of contact or complaint indicated in the section “Ownership and purpose of this website”, so that this company can analyze and assess the case in question.

Commerce may, temporarily or permanently, interrupt access to the Website, in the event that it is unable or simply does not wish to continue to operate it; in these cases, user access will be cancelled immediately without the users being able to hold Commerce liable.

Likewise, Commerce reserves the right, at any time and without prior notice to users, to modify any content of the Website, or to update or correct errors or inaccuracies, without users being able to hold it liable.

Provided that it does not contradict the provisions of the legislation in force, in the event that Commerce is eventually held liable for damages to users of the Website, Commerce’s liability shall be limited to certain, real and concrete damages.

Notwithstanding the foregoing, Commerce shall in no event be liable for any damages or other consequences arising from the breach of the Terms and Conditions by users.

Links to the Website

Any link from third parties to the Website may not imply unfair use of the contents of the Website, unless the third parties in question have obtained prior written authorization from Commerce.

Likewise, Commerce prohibits the creation of links to the Website from other websites with contents that are contrary to the law, good faith, good customs, morality or public order.

Law applicable to the Terms and Conditions, and Jurisdiction

The Terms and Conditions shall be governed by Spanish law.

Users of the Website submit to Spanish jurisdiction, expressly waiving any other jurisdiction that, according to law, may correspond to them.

The foregoing is without prejudice to the fact that, due to a user’s status as a consumer, other legislation and/or jurisdiction may be applicable by law.

 

Last update: July 28, 2023