Legal notice

1. Legal information and acceptance

These provisions regulate the use of the Internet portal service (hereinafter, the ‘Portal’) that Wind Rose Yacht Brokerage, S.L. (hereinafter, ‘Wind Rose’) makes available to Internet users. Wind Rose, with registered office at Sector Club Nàutic 7, 17487 Empuriabrava, Girona, Spain and Tax ID number B-17940206, is registered in the Commercial Registry of Girona, Sheet GI-43594, Volume 2569, Page 90. Telephone: +34 972 45 14 20. Access to the website is free of charge except for the cost of the connection through the telecommunications network supplied by the access provider contracted by users. The products and services offered by Wind Rose, in general, have the price indicated in the corresponding commercial offer and are not, under any circumstances, offered or provided through the Portal service. Use of the Portal grants the status of Portal user (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the moment in which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice each time they intend to use the Portal, as both the Portal and its conditions of use contained in this Legal Notice may be subject to modifications. Some services of the Portal accessible to Internet users may be subject to specific conditions, regulations and instructions which, where appropriate, replace, supplement and/or modify this Legal Notice and must be accepted by the User before the corresponding service is provided.

2. Intellectual and industrial property

All Portal contents, understood by way of example but not limitation as texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the ‘Contents’), are the intellectual property of Wind Rose or third parties, and none of the exploitation rights recognized by current intellectual property regulations are deemed transferred to the User, except those strictly necessary for the use of the Portal. Trademarks, trade names or distinctive signs are owned by Wind Rose or third parties, and access to the Portal does not grant any rights over said trademarks, trade names and/or distinctive signs.

3. Portal terms of use

3.1 General

The User undertakes to make proper use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to Wind Rose or third parties for any damages that may be caused as a result of a breach of this obligation. The use of the Portal for purposes that harm the assets or interests of Wind Rose or third parties, or that in any other way overload, damage or render unusable the networks, servers and other computer equipment (hardware) or software applications of Wind Rose or third parties, is expressly prohibited.

3.2 Contents

The User agrees to use the Contents in accordance with the Law, this Legal Notice, and any other applicable conditions, regulations and instructions pursuant to clause 1. By way of example only, and in accordance with current legislation, the User must refrain from:

• Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents unless authorized by law or expressly consented to by Wind Rose or the holder of the corresponding exploitation rights.
• Reproducing or copying for private use Contents that may be considered Software or Databases under current intellectual property law, as well as their public communication or making them available to third parties when such acts necessarily imply reproduction by the User or a third party.
• Extracting and/or reusing all or a substantial part of the Contents of the Portal as well as the databases that Wind Rose makes available to Users.

3.3 Data collection forms

All information provided by the User through the Portal forms for the above purposes or any others must be truthful. For this purpose, the User guarantees the authenticity of all data provided and will keep the information supplied to Wind Rose perfectly updated so that it reflects the User’s real situation at all times. In any case, the User shall be solely responsible for any false or inaccurate statements made and for any damage caused to Wind Rose or third parties due to the information provided.

3.4 Linking to the Portal

Internet users who wish to introduce links from their own web pages to the Portal must comply with the conditions detailed below, regardless of whether they are aware of them:

• The link may only connect to the Portal’s homepage but may not reproduce it in any way (inline links, copying of texts, graphics, etc.).
• In accordance with applicable law, it is prohibited to establish frames of any kind that surround the Portal or allow the visualization of the Contents through Internet addresses other than those of the Portal and, in any case, when displayed together with content unrelated to the Portal.
• No false, inaccurate or incorrect statements shall be made from the page introducing the link about Wind Rose, its partners, employees, clients or about the quality of its services.
• Under no circumstances shall it be stated on the page where the link is located that Wind Rose has given its consent for the insertion of the link or that it sponsors, collaborates, verifies or supervises the services of the referring party.
• The use of any trademark, trade name, graphic or mixed sign or any other distinctive sign of Wind Rose within the referring page is prohibited except in cases permitted by law or expressly authorized by Wind Rose.
• The page establishing the link must comply with the law and may not in any case contain or link to its own or third-party content that is unlawful, harmful, contrary to morals, misleading or inappropriate in relation to Wind Rose’s activity.

4. Disclaimer of liability

4.1 Information

Access to the Portal does not imply any obligation on the part of Wind Rose to verify the truthfulness, accuracy, adequacy, suitability, completeness or timeliness of the information provided through it. Wind Rose is not responsible for decisions taken based on the information provided on the Portal or for damages caused to the User or third parties as a result of actions based solely on information obtained from the Portal.

4.2 Service quality

Access to the Portal does not imply any obligation on the part of Wind Rose to control the absence of viruses, worms or any other harmful computer elements. Wind Rose is not responsible for damages caused to Users’ or third parties’ computer equipment during the provision of the Portal service.

4.3 Service availability

Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation are not the responsibility of Wind Rose. Wind Rose is not responsible for damages of any kind caused to the User resulting from failures or disconnections in telecommunications networks.

4.4 Linked contents and services

The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals. In no case shall the existence of Linked Sites imply agreements with their managers or owners, nor recommendation, promotion or identification by Wind Rose with the statements, contents or services provided. Wind Rose does not know the contents and services of Linked Sites and therefore is not responsible for damages caused by the unlawfulness, quality, outdated nature, unavailability, errors or uselessness of the contents and/or services of Linked Sites or for any other damage not directly attributable to Wind Rose.

5. Personal data protection

Data collected through the Portal’s data collection forms will be incorporated into an automated personal data file for which Wind Rose is responsible. The User may revoke the consent given and exercise the rights of access, rectification, cancellation and objection by contacting the address indicated in clause 1. Wind Rose may use cookies during the provision of the Portal service. Cookies are automatic procedures for collecting information related to the preferences determined by a user during their visit to a specific website. The User has the possibility to configure their browser to prevent the creation of cookie files or to be notified when this occurs.

6. Notification of unlawful and inappropriate activities

If the User or any other Internet user becomes aware that Linked Sites refer to pages whose contents or services are unlawful, harmful, degrading, violent or contrary to morals, they may contact Wind Rose indicating the following:

• Personal details of the notifier: name, address, telephone number and email address.
• Description of the facts revealing the unlawful or inappropriate nature of the Linked Site.
• In the event of rights violations, the personal details of the holder of the infringed right when different from the notifier.
• Express declaration that the information contained in the claim is accurate.

Receipt by Wind Rose of the communication provided for in this clause shall not imply, in accordance with the LSSI, actual knowledge of the activities and/or contents indicated by the notifier.

7. Legislation

This Legal Notice is governed in each and every one of its aspects by Spanish law.