INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The goal of the Web site of the Port Authority of Motril is to provide information of interest to all members of the port community and the general public, offering top quality services.
- All the contents of the Web site (including, without limitation, databases, images and photographs, patents, designs, graphics, text, audio, video and software) are owned by the Port Authority of Motril or the content providers, having been, in the latter case, licensed or transferred by them, and are protected by national and international intellectual and industrial property. The compilation (meaning the collection, design, arrangement and assembly) of all Web site content is owned exclusively by the Port Authority of Motril, and is protected by national and international intellectual and industrial property regulations.
- All software used on the screens and in the navigation, use and development of the website is owned by the Port Authority of Motril or its software providers, and is protected by national and international intellectual and industrial property regulations.
- The trademarks, lettering, distinctive signs and logos are owned by the Port Authority of Motril and have been duly registered.
- All the texts, data, drawings, graphics, video or audio media are owned by the Port Authority of Motril or the information provider entities, and cannot not be subsequently modified, copied, altered, transformed, reproduced, adapted or translated by the user or third parties without the express authorization from the owners of such contents.
- The provision of the users for their use of databases, drawings, graphics, images and photographs, text, audio, video and software owned by the Port Authority of Motril or its suppliers displayed on the website does not in any case imply the assignment of ownership or the concession of a right of use for the user, other than the right of use which involves the legitimate use and in accordance with the nature of the Web site.
- It is strictly prohibited any use of the site's content, services and, in general, all the rights mentioned above, made without the authorization of the Port Authority of Motril, including use, reproduction, dissemination, transformation, distribution, transmission by any means, further publication, exhibition, public communication and total or partial representation… Any infringements constitute a breach of the intellectual property rights of the Port Authority of Motril, and shall be penalized by the prevailing legislation.
GENERAL REPRESENTATIONS AND WARRANTIES
- The Port Authority of Motril represents and warrants that the Web site has the technology (software and hardware) required on today’s date, to allow its access and utilization. However, The Port Authority of Motril is not responsible for the potential existence of viruses or other harmful elements, introduced by any means or any third party that may alter the user's computer system nor the adverse consequences that they could occur in the user's computer system. The user fully accepts the foregoing and agrees, on its part, to display the utmost care and caution when accessing and using the services offered through the Web site.
- The user accepts that the Web site has been created and developed in good faith by the Port Authority of Motril with information from internal and external sources and offers it to its current state to the user; however, it may contain falsehoods, inexactness, relevant omissions, inaccuracies and errors. The Port Authority of Motril, therefore, does not guarantee in any way the truth, accuracy, timeliness nor completeness of the contents of the Web site. Therefore, the user exonerates the Port Authority of Motril of any liability with regard to the reliability, usefulness or false expectations that the Web site may incur o generate while browsing it.
- The user guarantees that any activities developed through the Web site shall conform to the law, morality, generally accepted principles of morality and public order, and in no case will be offensive to the good name of the Port Authority of Motril or for other users of the Web site.
- In particular, by way of example and without limitation, the user agrees not to use the Services in order to:
· Impersonate another person.
· Violate the fundamental rights and public freedom recognized by national law and international treaties or conventions, and in particular, not to damage the honour, privacy, image or ownership of goods and rights of third parties.
· Incite or promote criminal, derogatory, defamatory, offensive activities or, in general, contrary to law, morals, good customs generally accepted or to public order.
· Encourage or promote discriminatory actions or ideas based on race, sex, ideology, religion or believes.
· Incorporate, make available or allow access to products, elements, messages and / or criminal, violent, pornographic, offensive services or generally contrary to law, morality or public order.
· Violate the rights of intellectual or industrial property belonging to third parties.
· Violate the rules on privacy of communications, advertising rules and unfair competition law.
· Transmit through the Web site with mail fraud or negligence, programs or data (including viruses and harmful software) which cause or may cause injury or damage to any degree to the computer systems of the Port Authority of Motril or other users or third parties, and misrepresent the origin of email or other material contained in a file that is transmitted through the Web site.
SUSPENSION OF ACCESS TO THE WEB SITE AND THE SERVICES CONTAINED THEREIN
- The Port Authority of Motril shall make the utmost effort to keep its web page constantly available. However, any test operation, control and maintenance modality shall be freely chosen and performed by the Port Authority of Motril at any time, regardless the procedures and means used to carry them out. The Port Authority of Motril reserves the right to modify the transmission and monitoring capacities, along with other means or technical services used to access or use the Web site. The Port Authority of Motril can also suspend either temporarily or permanently the services, without generating any kind of compensation for the user, in any of the following circumstances:
· When maintenance work needs to be done.
· When necessary to preserve the integrity, or safety of equipment, systems or Port Authority of Motril networks or those of third parties.
· When justified by company, or third party, operational reasons affecting the rendering of services of the Port Authority of Motril.
· Whenever a situation of force majeure prevails.
- Force majeure is understood to refer, but not limited, to any unforeseeable event, or event that, even though foreseeable, is unavoidable; failures in access to the web page, power supplyies cuts, damages caused by third parties or attacks on the Web site server that affect the quality of the services and for which neither the Port Authority of Motril, nor the user, are accountable for; failures in the transmission, broadcasting, storage or making available to third parties of databases and other Web site contents and problems or errors in the reception, retrieval or access to the web page, or to the services, by aforesaid third parties.
- The Port Authority of Motril may terminate the use of the Web site, without any prior notice to the user, whenever:
· It becomes aware of some unlawful activity being carried out through the services by the user.
· The user has failed to fulfil the essential obligations, and especially in case of misuse of the access code, or in the event of violating or legally attacking the intellectual and industrial property rights of the Web site, without prejudice to the exercise of any legal actions that may correspond to it in the defence of its interests.