Legal Advisory and Copyright
0. Object and acceptance
This legal notice regulates the use of the website www.restaurantmiramar.com (hereinafter, THE WEBSITE), which is owned by PACO I MONTSE, SL (hereinafter, THE OWNER OF THE WEBSITE).
The navigation through the website of the owner of the web, assign the condition as a user of it and involve the full acceptance and without reserves of all and each one of the legal dispositions included in this legal advisory, that may suffer modifications. The user it is obligated to make a correct usage of the web site according the laws, in good faith, the public order, the use of the traffic and this legal advisory.
The user will respond to the owner of the web or to third parties, due to liquidated damages that may happen because of the non-compliance of that obligation.
1. Identification and comunications
THE OWNER OF THE WEB, in fulfillment of the 34/2002 law, from July 11, related to the services of information society and electronic commerce, wants you to inform that: its business name is PACO I MONTSE SL, CIF/NIF/NIE: B55077556. Its address is Calle Mestral, 12, 17490, Llançà – Girona.
To contact us we offer these ways to do so:
T.: +34 972 380 132
Every communications and notifications between users and the owner of the web will be considered efficient to all effects when they are made by post mail or every way previously detailed.
2. Acces and usage conditions
The website and their services are free, although the web owner conditions the use of some services offered in his web to the fulfillment of a corresponding form. The user guarantees the genuineness and the topicality of every data you send to the web owner and you’ll be the sole responsible of the false or inaccurate statements you provide.
The user agrees to realize a correct use of the contents and services of the web owner and to not use them, among others, for:
a) Broadcast criminal contents, violence, pornography, racism, xenophobia, offensive material, terrorism apology, or in general, contrary to the law or public order.
b) To introduce in the net computer viruses or do any actions that may alter, harm, interrupt or generate errors or damages in the electronic documents, data or physical and logical systems of the web owner or of third parties as well as to block the access to other users to the website and their services through a massive consumption of the technical resources with the web owner give their services.
c) Try to access other users email accounts or restricted areas of the computer systems of the web owner or third parties or also extract information.
d) Violate the intellectual property rights or industrial rights as well as to infringe the confidentiality of the web owner information or from third parties.
e) To impersonate other user, public administrations or a third person identification.
f) To play, to copy, to spread, to make available for or any other form of public communication, change or modify contents at list it’s count with the permission of the owner of the corresponding rights or that are legally permitted.
g) To gather data with advertising purpose and bring ads of any kind and communications for selling or other commercial nature purposes without having a previous request or agreement.
Every content of the website as texts, photos, graphs, images, icons, techs, software as well as its graphical design and fonts are creations that belong to the web owner, that are not necessary presumed given to a user none of the use rights of them furthermore the strictly necessary to the correct usage of the web.
Definitely the users who access to this website can view the contents and to do, in its case, some authorized private copies when the reproduced elements are not subsequently ceded to third parties or installed in servers connected to networks, or are subject to any kind of exploitation. Also every trademarks, commercial names or distinctive signs of any kind that appear in the website are property of the web owner, without presuming the use or access to this allows the user any rights from them. The distribution, modification, cession or public communication of the contents and any other act that is not properly authorized for the owner of the exploitation rights are forbidden.
The setting of a hyperlink do not imply in any case the existence of relationships between the web owner and the owner of the website in which it’s placed, nor the acceptance and the approval of by the web owner of his contents or services. Those people who want to establish a hyperlink, they have to ask for a previous written consent to the web owner. In any case the hyperlink will permit only the access to the homepage or initial page of our website, besides they should refrain to make false manifestations or indications, inaccurate or incorrect from the web owner, or to include illegal contents in contrary to good habits and public orders.
The web owner is not responsible for the usage that each users do based on those.
3. Disclaimer of liability
The content of this present website is of general nature and it has an informative merely purpose, and no guarantee is given for access, nor its exhaustiveness, correctness, validity or accuracy, nor their suitability or utility for a specific purpose.
THE WEB OWNER excludes, until the legal regulation allows, any responsibility for the liquidated damages of every nature derived from:
a) The impossibility to access website or the lack of veracity, accuracy, completeness and/or timeliness of the contents, as well as the existence of any kind of vices and defects from the contents broadcasted, distributed, stored, made available that have been accessed through the portal they are offered.
b) The presence of virus or other elements in the contents that may produce changes in the computer systems, electronic documents or users data.
c) The non-compliance of the laws, the good faith, the public order, the traffic uses and this present legal warning as a consequence of the incorrect usage of the website. In particular and as an example, THE WEB OWNER is not responsible for the acts of third parties that violate the copyright and industry rights, trade secrets, right to honor, personal and family privacy and their own image, as well as the regulation in unfair competition and illegal advertising.
Also, THE WEB OWNER declines any responsibility from the information outside this web and it is not directly managed by our webmaster. The use of the links that appears in this website is only to inform the user about the existence of other sources to extend the contents this website offers. THE WEB OWNER doesn’t guarantee and is not responsible for the functioning or the accessibility of the enhanced sites, nor suggests, invites or recommend to visit them, consequently he is neither responsible for the obtained result. THE WEB OWNER is not responsible for the placement of hyperlinks from third parties.
In case we need information for your part, you will always be asked to provide it explicitly.
The collected data trough our web forms or other ways will be added to a data file of private character registered in Data Protection Spanish Agency, which the web owner is responsible.
This Institution will treat the data confidentially and in order to offer the demanded services with full legal guarantees and security according to the Organic Law 15/1999 of December 13th, Private Data Protection, The Royal Ordinance 1720/2007 of December 21 and the 34/2002, July 11, Information Society services and e-commerce.
THE WEB OWNER is committed not to give, to sell, nor share the data with third parties without your specific permission.
In the same way PACO I MONTSE SL, could cancel or rectify the data when they are wrong or less necessary or relevant for its purpose in accordance with the Organic Law 15/1999 of December 13th, Private Data Protection.
The user may cancel the given consent and exercise the right of access, modification, cancelation and opposition going to the legal address of PACO I MONTSE SL: Calle Mestral, 12, 17490, Llançà – Girona, providing proper identification and clearly indicating the specific right that has been executed.
THE WEB OWNER adopts the corresponding security levels required for the mentioned Organic Law 15/1999 and other applicable legislations. However he doesn’t assume any responsibility for the liquidated damages for alterations that third parties may cause at the computer systems, electronic documents or user files.
Our normative for emailing is to send you only the communications you have asked for.
If you prefer not to receive these messages by email we offer through them the possibility of exercise the cancellation and quit rights to these emails reception according to the rules written in the third title, 22 article of the 34/2002 law of Services for the Information Society and e-commerce.
5. Procedures in case of non legal activities
In case any user or third parties consider the existence of facts and circumstances that reveal the illegal nature of the use of any content and/or the performing of any activity in the included websites or accessible ones through this web, they have to send a notification to THE WEB OWNER giving a proper identification, specifying the presumed infringement and declaring expressly and under his responsibility that the provided information is exact.
In the event of any litigation concerning to this website THE WEB OWNER, the Spanish Law will be applied.
The administrative info placed in this site doesn’t substitute the legal advertisings of the laws, rules, plans, general dispositions and acts that must be published formally t the official bulletins from public administrations that represent the only subject who proves its authenticity and content. The provided info in this website must be understood as a guide without any legal purpose.
7. Contact forms
I mustn’t be possible to send the document if that box is not previously checked.
According to the Organic Law: 15/1999 of December 13 of Personal Data Protection. The customer/user is informed and gives its consent to save his data to a file PACO I MONTSE SL is responsible, that it has been signed at the Spanish Agency for Data Protection in order to inform him about asked products or serviced, as well as the sending of commercial info about them.
We inform you about your rights from access, rectification, cancellation and opposition that he may exercise in the legal address PACO I MONTSE SL, at Calle Mestral, 12, 17490, Llançà – Girona.
We also inform you the given personal data won’t be ceded nor communicated even for their conservation, to third parties.