The present Legal Warning regulates the use of web services that GIJÓN SURF HOSTEL makes available to users through the Internet web site www.gijonsurfhostel.com (from now on, the site), with the purpose of providing them with information about GIJÓN SURF HOSTEL.
All services will be jointly referenced as the services.
GIJÓN SURF HOSTEL (hereinafter referred to as “GSH”) with NIF: B52539855
The use of the site attributes to the navigator the condition of user, which implies the adhesion to the Legal Notice in the version published at the moment of access. GSH reserves the right to modify, at any time, the presentation and configuration of the site, as well as this Legal Notice. Therefore, GSH recommends that the user reads this Legal Notice carefully each time he or she accesses the site.
Access to certain services, particularly value-added services, offered through the site may be subject to certain general conditions which, depending on the case, replace, complete and/or modify this Legal Notice. Therefore, before accessing and/or using these services, the user must also read carefully the corresponding general conditions.
Correct use of services
The user undertakes to use the services in a diligent, correct and lawful manner and, in particular, by way of illustration only and not exhaustively, undertakes to refrain from
(a) using the services for purposes or effects contrary to the law, morality and generally accepted good customs or public order;
(b) reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the services, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;
(c) violate intellectual or industrial property rights belonging to GSH or third parties.
(d) use the services and, in particular, information of any kind obtained through the site to send advertising, communications for direct sales purposes or any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to market or disclose in any way such information.
The user will be liable for any damages of any kind that GSH may suffer, directly or indirectly, as a result of a breach of any of the obligations arising from the Legal Notice, the corresponding general conditions or the law in relation to the use of the site.
GSH will at all times ensure that the legal system in force is respected, and will be entitled to interrupt, at its sole discretion, the services or exclude the user from the site in the event of the alleged commission, whether complete or incomplete, of any of the offences or misdemeanours typified by the Penal Code in force, or in the event of observing any conduct which in the opinion of GSH is contrary to morality, order, good customs or the internal rules of GSH or which may disturb the proper functioning, image, credibility and/or prestige of GSH or its collaborators.
All contents of the website, such as text, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of GSH or third parties, whose rights are recognized by GSH, and are subject to intellectual and industrial property rights protected by national and international legislation.
It is strictly forbidden to use all elements of industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation.
Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offence punishable under Articles 270 and following of the Criminal Code.
Those users who send observations, opinions or comments to the site by means of the e-mail service or by any other means, in the cases in which by the nature of the services it is possible, it is understood that they authorize GSH for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for the entire time of the copyright protection that is legally established and without territorial limitation. It is also understood that this authorisation is given free of charge.
Any claims that may be made by users in relation to possible infringements of intellectual or industrial property rights on any of the services of this site shall be sent by e-mail to: [email protected]
By subscribing to any of our services or registering on our website, registered persons give their consent to be photographed or filmed at our events. Attendees of our events also consent to these images being posted on web pages such as Facebook (on the GSH channel), on the GSH website.
Disclaimer of warranties and liability
GSH reserves the right to interrupt access to the web site, as well as the provision of any or all of the services provided through it at any time and without prior notice, whether for technical, security, control, maintenance, power supply failure or any other cause.
Consequently, GSH does not guarantee the reliability, availability or continuity of this site or the services, so that the use of them by the user is carried out at their own risk, without, at any time, GSH can be held responsible in this regard.
GSH will not be responsible in the event of interruptions of services, delays, errors, malfunctioning of the same and, in general, other problems that have their origin in causes beyond the control of GSH, and / or due to a fraudulent or culpable action of the user and / or has its origin in causes of force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure shall also include, for the purposes of this Legal Notice, all those events occurring outside the control of GSH, such as: failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of public authorities, those produced as a result of natural phenomena, blackouts, etc. and the attack of hackers or third parties specializing in security or integrity of the computer system, provided that GSH has taken reasonable security measures in accordance with the state of the art. In any case, whatever the cause, GSH will not assume any responsibility for direct or indirect damage, consequential damage and / or lost profits.
GSH excludes any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and / or timeliness of the services transmitted, disseminated, stored, made available or received, obtained or accessed through the site as well as services provided or offered by third parties or entities. GSH will try, as far as possible, to update and rectify any information hosted on this site that does not meet the minimum guarantees of accuracy. However, it will be exonerated from responsibility for not updating or rectifying it, as well as for the content and information provided in it. In this sense, GSH has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by users or collaborators, except in cases where it is required by law or when required by a competent judicial or administrative authority.
GSH does not guarantee or assume any type of responsibility for damages suffered by accessing third party services through connections, links or links from the linked sites. The function of the links that appear in GSH is exclusively to inform the user about the existence of other sources of information on the Internet, where he can expand the data offered by the site. GSH will in no case be responsible for the results obtained through these links or for the consequences derived from the users’ access to them. These third party services are provided by the latter, so GSH cannot and does not control the legality of the services or their quality. Consequently, the user must be extremely careful when evaluating and using the information and services existing in the contents of third parties.
Similarly, GSH excludes any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the contents that may cause alteration in computer systems as well as in the documents or systems stored in them.
GSH is not responsible for the use that the user makes of the services of the site or their passwords, as well as any other material of the same, infringing the rights of intellectual or industrial property or any other right of third parties.
Under no circumstances will any product or service offered by GSH on this web site be returned. In the event that users purchase a reservation of accommodation or sports activities through suppliers external to GSH, no refund or exchange of this type of purchase will be made.
Applicable law and jurisdiction
For any interpretative or litigious questions that may arise, Spanish legislation will be applicable, and these will be resolved by means of Arbitration at Law within the framework of the Spanish Association of Technological Arbitration (ARBITEC). The dispute will be decided by an arbitrator appointed by ARBITEC in accordance with its Rules and Statutes.
The arbitration will be carried out in accordance with the procedure established in the ARBITEC Arbitration Rules and in Law 60/2003 of 23 December on Arbitration and may be carried out via the Internet or any other telematic means. The place of arbitration will be Madrid and the working language will be Spanish.
The parties to the conflict request ARBITEC to include in the arbitration award an express decision on the award of costs of the arbitration; this decision must be proportional to the estimation, by ARBITEC, of the claims exercised by the parties.
The parties to the dispute undertake to accept and comply with the arbitral award. If the formalization or judicial execution of the award is required, the parties will submit to the Courts and Tribunals of the Principality of Asturias.
In any case, the parties retain their powers to request the precautionary measures they deem appropriate before the ordinary jurisdiction, in accordance with Law 1/2000, of 7 January, on Civil Procedure.
All audiovisual material, registered trademarks or any element subject to intellectual property, which is included in this website, is the property of Hostel Surf Gijón, and is protected by copyright. Any unauthorized modification, copy, rent, loan, transmission and diffusion is forbidden. The material on this website may not be transformed, sold, commercialized, used or distributed for profit.
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