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These General Conditions of Use, Privacy Policy, and Sale (hereinafter, the “General Conditions”) regulate the use of the website mediterraneansunrise (hereinafter, the “Website”) that Vega Ermita S.L.. (hereinafter “Valle 26”), makes available to individuals who access its Website in order to provide them with information about products and services, owned and/or provided by third-party collaborators, and to facilitate their access to them, as well as the contracting of services and goods through it (collectively referred to as the “Services”).

Vega Ermita, with registered address at AVENIDA JESUS SANTOS REIN 15 – EDIF. VEGA P1 BIS OFICINA 2, 29640 Fuengirola, Málaga, is the owner of this Website, the use of which is regulated by this document, with Tax Identification Number (CIF) B29825239. To contact Valle 26, you can use the postal address indicated above, as well as the email address info@vegaermita.es.

Due to the nature of the Website, as well as its content and purpose, the vast majority of navigation through it must be done as a Customer, a status acquired through the procedures described therein. Therefore, the aforementioned Customer status implies adherence to the General Conditions in the version published at the time of accessing the Website. Vega Ermita reserves the right to modify the presentation and configuration of the Website, as well as these General Conditions, at any time. Thus, Vega Ermita recommends that the Customer carefully read these conditions each time they access the Website.

In any case, there are pages on the Website accessible to the general public, with respect to which Vega Ermita also wishes to fulfill its legal obligations and regulate their use. In this sense, users accessing these parts of the Website accept being subject, by accessing said pages, to the terms and conditions contained in these General Conditions, to the extent that they may be applicable.

Finally, due to the nature of this Website, changes or additions to the content of these General Conditions may occur. Therefore, the Customer, as well as other users who do not have this status, are obligated to access these General Conditions each time they access the Website, assuming that the corresponding conditions in force at the time of their access will apply to them.

ACCESS AND SECURITY

Access to the Services requires prior user registration, once they accept the General Conditions, becoming Customers.

The Customer’s identifier will consist of their email address and a password. To access the Customer’s account, this identifier and a password containing at least 4 characters will be required.

The use of the password is personal and non-transferable, and its assignment, even temporarily, to third parties is not allowed. In this regard, the Customer undertakes to use the password diligently and keep it secret, assuming full responsibility for the consequences of disclosing it to third parties.

If the Customer becomes aware of or suspects the use of their password by third parties, they must immediately change it, as specified on the Website.

CORRECT USE OF THE SERVICES

The Customer undertakes to use the Services diligently, correctly, and lawfully, and, in particular, undertakes, solely by way of example and not limited to, to refrain from:

• Using the Services contrary to law, morality, accepted good practices, or public order, with improper or illegal purposes or effects.
• Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the Services, unless authorized by the owner of the corresponding rights or legally permitted.
• Engaging in any acts that could be considered a violation of any intellectual or industrial property rights belonging to Valle 26 or third parties.
• Using the Services and, in particular, the information of any kind obtained through the Website to send advertising, sales messages, or any other kind of commercial communication, unsolicited messages directed at a plurality of persons regardless of their purpose, as well as marketing or disclosing such information in any way.

The Customer will be liable for any damages of any nature that Valle 26 may suffer, on occasion or as a consequence of the breach of any of the aforementioned obligations, as well as any other obligations included in these General Conditions and/or imposed by law in relation to the use of the Website.

Vega Ermita will at all times ensure compliance with the current legal framework and will be authorized to interrupt the Service or exclude the Customer from the Website at its sole discretion in case of suspected commission, complete or incomplete, of any offenses or infractions as defined by the current Penal Code, or in the event of observing any conduct that, in the judgment of Vega Ermita, is contrary to these General Conditions, the General Conditions of Contracting that apply to this Website, the Law, the rules established by Vega Ermita or its collaborators, or that could disrupt the proper functioning, image, credibility, and/or reputation of Valle 26 or its collaborators.

PROPERTY RIGHTS

All content of the Website, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code, and software, is the exclusive property of Vega Ermita or third parties, whose rights Vega Ermita holds legitimately, and is therefore protected by national and international legislation.

The use of all elements of industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration, or decompilation, is strictly prohibited.

Infringement of any of these rights may constitute a violation of these provisions, as well as an offense punished in accordance with articles 270 and following of the Penal Code.

Customers who send observations, opinions, or comments through the email service or any other means, in cases where it is possible due to the nature of the Services, are understood to authorize Vega Ermita for the reproduction, distribution, public communication, transformation, and exercise of any other exploitation right over such observations, opinions, or comments, for the entire legal duration of copyright protection and without territorial limitation. Likewise, this authorization is understood to be granted free of charge.

Claims that Customers may make regarding possible breaches of intellectual or industrial property rights over any of the Services on this Website should be directed to the following email address: info@vegaermita.es.

EXCLUSION OF WARRANTIES AND LIABILITY

Regardless of what is established in the General Conditions of Contracting related to the contracting of goods on this Website, Valle 26 is not responsible for the truthfulness, accuracy, and quality of this Website, its services, information, and materials. Such services, information, and materials are presented “as is” and are accessible without any warranties of any kind.

Vega Ermita reserves the right to interrupt access to the Website, 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 reasons, security reasons, control purposes, maintenance, power supply failures, or any other justified cause.

Accordingly, Vega Ermita does not guarantee the reliability, availability, or continuity of its Website or the Services. Therefore, the use of these by the Customer is done at their own risk and without, at any time, holding Vega Ermita liable in this regard.

Vega Ermita will not be responsible in the event of interruptions to the Services, delays, errors, malfunctions, and, in general, any other inconvenience that has its origin in causes beyond the control of Valle 26, and/or due to intentional or negligent actions of the Customer, and/or caused by circumstances of force majeure or unforeseeable circumstances. Without prejudice to what is established in Article 1105 of the Civil Code, events beyond the control of Valle 26, such as: third-party failures, operators or service companies, acts of Government, lack of access to third-party networks, acts or omissions of Public Authorities, phenomena of nature, power outages, etc., and the attack of hackers or third parties specialized in the security or integrity of the computer system, will be considered included in the concept of Force Majeure. In any case, regardless of their cause, Vega Ermita will not assume any liability for direct or indirect damages, consequential damages, and/or lost profits.

Vega Ermita excludes any liability for damages of any kind that may arise from the lack of truthfulness, accuracy, completeness, and/or currency of the Services transmitted, disseminated, stored, made available, or received, obtained, or accessed through the Website, as well as for the Services provided or offered by third parties or entities. Vega Ermita will attempt, as far as possible, to update and rectify any information hosted on its Website that does not meet the minimum guarantees of truthfulness. Nevertheless, it will be exempt from liability for its non-updating or rectification, as well as for the content and information provided therein. In this regard, Valle 26 is not obligated to monitor and does not monitor the content transmitted, disseminated, or made available by Customers or collaborators, except in cases where required by current legislation or when required by a competent Judicial or Administrative Authority.

Similarly, Vega Ermita excludes any liability for damages of any kind that may arise from the presence of viruses or the presence of other harmful elements in the content that may cause alterations in computer systems as well as in the documents or systems stored therein.

Vega Ermita is not responsible for the use that the Customer makes of the Services of the Website, nor of their passwords, as well as any other material thereof, infringing the intellectual or industrial property rights or any other rights of third parties.

The Customer agrees to indemnify Vega Ermita against any damage, loss, penalty, expense (including, without limitation, attorney’s fees), or civil, administrative, or other liability that Vega Ermita may suffer related to the partial or defective compliance or non-compliance by the Customer with the provisions of these General Conditions or applicable legislation, especially regarding their obligations related to the protection of personal data as set forth in these conditions or established in the Data Protection Act and its implementing regulations.

LINKS TO OTHER WEBSITES

Vega Ermita does not guarantee or assume any responsibility for damages suffered due to access to third-party services through connections, links, or links from linked sites, nor for the accuracy or reliability of the same. The purpose of the links appearing on Valle 26 is solely to inform the Customer about the existence of other sources of information on the Internet, where they can expand the Services offered by the Portal. Vega Ermita will not be responsible in any case for the results obtained through such links or for the consequences derived from Customers’ access to them. These third-party services are provided by them, and therefore Vega Ermita cannot control and does not control the legality or quality of the services. Accordingly, the Customer must exercise caution when assessing and using the information and services available in the content of third parties.

APPLICABLE LAW AND JURISDICTION

For any interpretive or litigious matters that may arise, Spanish law shall apply, and in the event of a dispute, both parties agree to submit, waiving any other jurisdiction that may correspond, to the jurisdiction of the Courts and Tribunals of the city of Madrid.