Legal Notice

FIRST – WEBSITE OWNER

The website www.kiposlegal.com is a website owned by Salvador Uixera Iborra, a lawyer registered with the Illustrious Bar Association under number 20030, acting under the registered trademark KIPOS LEGAL – Consultants & Lawyers, with registered address at C/. Artes Gráficas, 14, CP 46010 (VALENCIA), with VAT number 44532349W. To contact us, you can use the postal address provided above, as well as the email address despacho@kiposlegal.com and the phone number +34 672 91 83 53.

SECOND – PURPOSE OF THE WEBSITE

www.kiposlegal.com (hereinafter referred to as the WEBSITE) provides information and data (hereinafter referred to as CONTENT and/or SERVICES) to the public (hereinafter referred to as the USER) through an informational website. The CONTENT of the website is provided and created by its owner.

Given the nature, content, and purpose of the Website, browsing through it does not require acquiring the status of a registered user. However, even in these cases, users agree to be bound by these General Conditions merely by accessing the website. It should also be noted that, for users to make comments on the website, they will be required to provide certain data through the corresponding form, which will imply adherence to the General Conditions in the version published at the time of accessing the Website. These conditions are limited to dealing with the use of the website; legal content commissioned or monitored through it will be governed, as appropriate, by the contracted engagement note.

The website owner reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, all users are obliged to check and become acquainted with them each time they access it, assuming that the corresponding conditions in force at the time of access will apply to them.

THIRD – ACCESS TO THE WEBSITE

Access to certain Services requires prior registration of users who, once they accept the General Conditions, will acquire the status of “registered users.” The user’s identifier will consist of their email address and a password. To access the user’s own account, it will be necessary to enter this identifier, as well as a password. To create an account, it will be mandatory to enter: email address, username, confirmed password, first name, last name(s), Tax Identification Number (CIF/NIF/DNI), and address. The user undertakes to provide truthful information.

The use of the password is personal and non-transferable, and its transfer, even temporarily, to third parties is not allowed. In this sense, the user undertakes to make diligent use of it and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.

In the event that the user becomes aware of or suspects the use of their password by third parties, they must immediately change it, as indicated on the Website. The user’s access and use of this WEBSITE does not imply any obligation regarding the quality and speed of access by the website owner, who may, without prior notice, modify the access conditions, or even suspend it, either in full or in part. This faculty will not imply any responsibility for the website owner for damages, losses, and any consequences that may arise.

The hardware and software necessary to access the website will be at the users’ expense, so the website owner will not be responsible for its operation, nor for any other circumstance related to it; nor will it be responsible for the usage rights or licenses required for its use. Likewise, KIPOS LEGAL will have no responsibility for any anomalies, malfunctions, deterioration, or deletion of data or software that may occur on users’ equipment or systems as a direct or indirect result of accessing or attempting to access the WEBSITE.

Although the service provided by the WEBSITE is indefinite, it may be suspended or canceled without prior notice.

FOURTH – CORRECT USE OF THE SERVICES

The user undertakes to use the Services diligently, correctly, and lawfully, and, in particular, to refrain from, among others, the following behaviors:

using the Services in a manner, for purposes, or with effects contrary to law, morality, and generally accepted good customs or public order; reproducing or copying, distributing, allowing public access through any kind of public communication, as well as transforming and/or modifying the Services unless authorized by the holder of the corresponding rights, or this is legally permitted; performing any act that may be considered a violation of any intellectual or industrial property rights belonging to KIPOS LEGAL or third parties; using the Services and the information of any kind obtained through the Website to send advertising, commercial communications that contravene the purpose of the website, as well as unsolicited messages, regardless of their purpose, and to commercialize or disseminate such information in any way;

The user shall be liable for any damages of any nature that the website or the brand may suffer on the occasion or as a consequence of the breach of any of the obligations set forth above, as well as any others included in these General Conditions and/or those imposed by the Law regarding the use of the Website. The website owner will at all times ensure compliance with the current legal system and will be authorized to, at its sole discretion, interrupt the Service or exclude a user from the Website if it believes that they have committed any of the offenses typified in the current Penal Code, or if it observes behaviors that, in its judgment, are contrary to these General Conditions, the General Conditions of Contracting that apply to this Website, the Law, the rules established by the owner, or its collaborators, or may disrupt the proper functioning, image, credibility, and/or prestige, both professionally and personally, of the brand, S.L.

FIFTH – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All the content of the Website (such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code, software, etc.) is the exclusive property of KIPOS LEGAL or, where appropriate, of third parties whose rights it legitimately holds. In any case, they are protected by national and international legislation. The use of all industrial and intellectual property elements for commercial purposes is strictly prohibited, as well as their distribution, modification, alteration, or decompilation. The infringement of any of the aforementioned rights may constitute a breach of these provisions, as well as an offense punishable under Articles 270 and following of the Penal Code. It shall be understood that those users who send comments, opinions, or comments through email, the web system itself that allows commenting, or any other similar means, authorize the brand KIPOS LEGAL for their reproduction, distribution, public communication, transformation, and exercise of any other exploitation right, free of charge, without territorial limitation and for as long as copyright protection is in force.

Claims that users may make regarding possible breaches of intellectual or industrial property rights related to any of the Services of this Website must be addressed to the following email address: despacho@kiposlegal.com.

SIXTH – USER-GENERATED CONTENT

The website provides various forms and means of participation for all users to encourage conversation and information exchange. Its objective is to remain open and accessible to anyone, as long as basic rules of coexistence and respect are respected.

Therefore, all users undertake not to use these sections for any purpose prohibited by these Terms of Use. Each user is responsible for all their activity in relation to the Service. In addition, they must comply with all applicable laws and regulations (national and/or international), and, if the user represents a company, the advertising, marketing, privacy, or other self-regulatory codes applicable to their industry. Specifically, the rules of conduct referred to are as follows: The User undertakes to comply with the terms and conditions of these Terms of Service, Community Guidelines, and all local, national, and international laws and regulations. The User agrees not to impersonate another person or organization; otherwise, they may incur in a crime as defined in the Penal Code or other violations of Spanish law. The User agrees not to use disrespectful and offensive language. Messages containing threats, serious insults, or any other type of comment that may offend the sensibility of other users will not be allowed. In such cases, the website owner reserves the right to remove any content that violates this condition. The User agrees not to interfere with security-related functions that prevent or limit the use or copying of any content. In addition, the use of this website as a means to organize attacks or spam against any other type of services is strictly prohibited. Such content will be deleted along with the accounts that carried out such actions. The service administrators have the right to delete or edit any content and/or user account that violates any of the rules and obligations described in these legal terms or may be considered inappropriate by KIPOS LEGAL.

SEVENTH – EXCLUSION OF WARRANTIES AND LIABILITY

KIPOS LEGAL is not responsible for the truthfulness, accuracy, and quality of this Website, nor of its services, information, and materials. Such services, information, and materials are presented as they are and are accessible without warranties of any kind.

Additionally, it reserves the right to interrupt access to the Website, as well as the provision of all or part of its Services at any time and without prior notice, whether for technical, security, control, maintenance reasons, power supply failures, or any other justified cause.

Consequently, KIPOS LEGAL does not guarantee the reliability, availability, or continuity of its Website or the Services, so its use by the user is at their own risk, and at no time may KIPOS LEGAL be held liable in this regard.

KIPOS LEGAL will not be responsible in the event of interruptions to the Services, delays, errors, and, in general, other inconveniences or malfunctions arising from causes beyond its control and/or due to malicious or negligent actions of the user and/or due to causes of fortuitous events or force majeure.

Notwithstanding the provisions of Article 1105 of the Civil Code, for the purposes of these General Conditions, all those events outside the control of KIPOS LEGAL shall be considered force majeure, 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 that are the consequence of natural phenomena, blackouts, etc., and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that KIPOS LEGAL has adopted reasonable security measures in accordance with the state of the art.

In any case, regardless of its cause, KIPOS LEGAL shall not assume any liability for any damages, direct or indirect, that may be suffered, or for any consequential damage and/or loss of profit. KIPOS LEGAL 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 accessed through the Website, as well as for the Services provided or offered by third parties or entities. KIPOS LEGAL will try, as far as possible, to update and rectify the information hosted on its Website that does not meet the minimum guarantees of truthfulness. However, it shall be exempt from any liability for its non-update or rectification, as well as for the content and information provided therein. In this regard, KIPOS LEGAL is not obliged to control, and does not control, the content transmitted, disseminated or made available by third parties or collaborators, except in cases where current legislation requires it or when required by a competent Judicial or Administrative Authority. Similarly, KIPOS LEGAL excludes any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the content that may cause alterations to computer systems, as well as to documents or systems stored therein. KIPOS LEGAL is not responsible for the use that the user makes of the Services of the Website, their passwords, or any other material thereof, infringing the intellectual or industrial property rights or any other rights of third parties. The user undertakes to hold KIPOS LEGAL harmless from any damage, loss, sanction, expense (including, without limitation, attorney’s fees), or civil, administrative, or any other liability that may be incurred and that is related to the breach, or partial or defective compliance, of what is established in these General Conditions or in the applicable legislation, and, especially, in relation to their obligations regarding the protection of personal data contained in these conditions or established in the LOPD and development regulations.

EIGHTH – LINKS TO OTHER WEBSITES

KIPOS LEGAL S.L. does not guarantee or assume any responsibility for the damages suffered by accessing the Service/content of third parties through connections, links, or links from linked sites, nor for the accuracy or reliability thereof. The function of the links appearing on www.kiposlegal.com is exclusively to inform the user about the existence of other sources of information on the Internet, where they can expand the Services offered by the Portal.

KIPOS LEGAL shall not be responsible in any case for the result obtained through such links or the consequences that may arise from users’ access to them. These Services are provided by third parties, so KIPOS LEGAL cannot control or control the legality or quality of the Services. Consequently, the user must exercise caution in the assessment and use of the information and services available in the contents of third parties.

NINTH – DATA PROCESSING AND USE OF COOKIES

KIPOS LEGAL informs you that, by visiting this website (www.kiposlegal.com), no personal data that identifies the User is automatically registered.

However, certain non-personal and non-identifiable information with a specific User is collected during the live session through devices called “cookies.”

Cookies are small data files generated on the User’s computer that allow us to obtain the following information: The date and time of access to the Website: this allows us to find out peak hours and make the necessary adjustments to avoid saturation problems during our peak hours. The number of daily visitors to each section: this allows us to know the most successful areas and increase and improve their content so that Users obtain a more satisfactory result.

The date and time of the User’s last visit to the Website. The content design that the User chose on their first visit to the Website. Security elements involved in controlling access to restricted areas. The information obtained is completely anonymous and, in no case, can it be associated with a specific and identified User. This information allows us to adapt and improve our Services to the User’s interests.

On the other hand, this website uses Google Analytics, an analytical service of the cookies described above provided by Google, Inc.

However, the User has the option to prevent the generation of cookies by selecting the corresponding option in their browser program. However, KIPOS LEGAL informs that if you disable the use of cookies, browsing may be slower than usual. On the other hand, for the use of certain Contents or Services, KIPOS LEGAL may require certain personal data from the User through the forms provided for this purpose. Therefore, and in accordance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data, we inform you that the personal data you provide us through our website or by sending emails will be incorporated into automated files owned by KIPOS LEGAL, with the address indicated in section first, for the purpose of being used to manage your request for information and send you advertising communications about KIPOS LEGAL’s offers and services. However, KIPOS LEGAL informs that, except where otherwise indicated, the data requested need not be provided on a mandatory basis. Nevertheless, failure to provide such data may prevent the provision of all Services linked to such data, releasing it from any liability for non-provision or incomplete provision of these Services.

It is the user’s obligation to provide the data truthfully and keep it updated, with KIPOS LEGAL reserving the right to exclude from the Services any User who has provided false data, without prejudice to other actions that may be taken under the law. All users may exercise their rights of access, opposition, rectification, and cancellation by sending a written request to C/ Artes Gráficas, 14, CP 46010 (VALENCIA), or to the email address despacho@kiposlegal.com, attaching a photocopy of their ID card.

TENTH – APPLICABLE LAW AND JURISDICTION

For any interpretative or litigious questions that may arise, Spanish law shall apply, and in case of controversy, both parties agree to submit, waiving any other jurisdiction that may correspond to them, to the jurisdiction of the Courts and Tribunals of the city of Valencia.