1. IDENTIFICATION DATA: In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11th, regarding Services of the Information Society and Electronic Commerce, the following data is presented below: The owner of www.independenceyachts.com is Independence Yachts Group SLU (hereinafter YMG), domiciled for these purposes in Calle Vista Alegre number 27, Palma de Mallorca, with CIF (VAT number): B57792277, registered in the Mercantile Register of Palma de Mallorca in volume 2522 of Section A, inscription B of the Companies Register, Sheet 124, Page PM-71047. Contact email: firstname.lastname@example.org .
2. USERS: The access and / or the use of this portal of YMG assigns the condition of USER, which implies the acceptance of the General Terms and Conditions of Use given here as from the moment of the said access and/ or use. The aforementioned conditions will apply regardless of the General Conditions of Contract that in their case are mandatory.
3. USE OF THE WEBSITE: www.independenceyachts.com provides access to a wide range of information, services, programs or datas (henceforth, “the contents”) in the Internet belonging to YMG, creator of the website or its lessees to which the USER may have access. The USER assumes responsibility for the use of the portal.
Said responsibility covers the register that may be necessary in order to access specific services or contents. In this registration, the USER will be responsible for providing truthful and licit information. As a result of this registration, the USER can be provided with a password for which he/she will be responsible, pledging to make a diligent and confidential use of it. The USER undertakes to make appropriate use of the content and services (such as chat services, discussion forums or newsgroups) that YMG offers through its portal and with an including but not limited character, not to use them for (i) committing illicit or illegal activities contrary to good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, supporting terrorism or attenting against human rights; (iii) cause damage to the physical and logical systems of YMG, its suppliers or third parties, to introduce onto or spread computer viruses or any other physical or software system liable to cause such damage as described above ; (iv) try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. YMG reserves the right to withdraw all comments/remarks and contributions which infringe respect for persons´ dignity, which are discriminatory, xenophobic, racist, pornographic, which constitute a violation of the rights of minors (youth or childhood), of public order or public security or that, in its opinion, will not be suitable for publication. In any case, YMG will not be held responsible for the opinions expressed by the users through forums, chats, or other participation tools.
4. DATA PROTECTION: YMG complies with the guidelines of the Organic Law 15/1999 of December 13th of Personal Data Protection, Royal Decree 1720/2007 of December 21st, which approves the Development Regulation of the Organic Law and other regulations in force at any time, and ensures the proper use and treatment of the user’s personal data. To this end, together with each form of collecting personal data, in the services that the user may request from YMG, the user will be informed regarding the existence and acceptance of the particular conditions of the processing of their data in each case, informing them of the responsibility of the created file, the address of the person in charge, the possibility of exercising his / her rights of access, rectification, cancellation or opposition, the purpose of the treatment and any communications of data to third parties, where applicable. Likewise, YMG informs that it complies with the Law 34/2002 of July 11, of the Information Society and Electronic Commerce Services and will request your consent for the processing of your email for commercial and marketing purposes at any time.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY: YMG alone or as grantee, retains ownership of all the intellectual and industrial property rights of its websites, as well as those of contents available through the same (including, images, sound, audio, video, software or texts; trademarks/brands or logos, combinations of colors, structure and design, selection of used materials, computer programs necessary for its operation, access and use, etc.), held by YMG or its licensors. All rights reserved. By virtue of the provisions of the Articles 8 and 32.1, second paragraph, of the Law of Intellectual Copyright Act, the reproduction, distribution and public communication issues, including the making available modality, of all or part of the contents of the webpage for commercial purposes are expressly prohibited, in any medium and by any technical means, without the authorization of YMG. The USER undertakes to respect the intellectual and industrial copyright pertaining to YMG. The user might view the elements on the portal and also print them out, copy them and store them in the hard drive of his/her computer or any other physical medium, as long as it is purely and exclusively for his/her personal and private use. The USER must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the YMG pages.
6. LIABILITY DISCLAIMER: In no event shall YMG be liable, for damages or detriment of any nature that may be caused by, but not limited to: errors or omissions in the content, lack of availability of the portal or transmission of viruses, or malicious programs, or harmful content, in spite of having adopted all the necessary technological measures to avoid such occurrences.
7. MODIFICATIONS: YMG reserves the right to carry out, without prior notice, the modifications to its portal as it considers appropriate, being able to change, delete or add both the contents and services provided through it, and the way in which these are presented or located in its portal.
8. LINKS: In the case of the www.independenceyachts.com having links or hyperlinks towards other Internet sites, YMG shall not exert any kind of control over those sites and contents. Under no circumstances YMG will assume any responsibility for the contents of any link belonging to an outside website, nor will it guarantee the technical availability, quality, reliability, accuracy, lawfulness, veracity, validity and constitutionality of any material or information accessed through such hyperlinks or on other Internet sites. Likewise, the inclusion of these external connections shall not imply any kind of association, merger or involvement in the connected entities.
9. RIGHT OF EXCLUSION: YMG reserves the right to deny or withdraw access to its websites and / or the services offered without forewarning, on its own initiative or at its own request, or by a third party, to those users who fail to comply with these General Conditions of Use.
10.GENERAL CONDITIONS: YMG will pursue non-compliance of these conditions as well as any undue use of its portal, exercising all the civil and penal actions that may be applicable under the Law.
11. ADVERTISING COOKIES POLICY: We use our own and third-party cookies to improve our services and show you advertising related to your preferences by analyzing your browsing habits.
The “Cookies” are pieces of information that our Website transfers to the hard disk of your computer for record-keeping purposes. The “cookies” can make the Website more useful when saving information regarding the preferences of a individual Web page. The use of “cookies” is an industry standard and many Websites use them to provide useful items. “Cookies” by themselves do not personally identify users, but only recognises computers.
12. AMENDMENT OF THESE CONDITIONS AND DURATION: YMG can modify at any time the conditions set out here, being duly published as they appear here. Said conditions will be in effect during the time they are displayed and will be valid until they will be modified by others duly published conditions.
13. APPLIED LEGISLATION AND COMPETENT JURISDICTION: The relationship between YMG and the USER will be governed by current Spanish regulations and any dispute will be submitted to the Courts and Tribunals of the city of Palma de Mallorca.