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Sociedad Anónima Damm (“DAMM”), a corporation holding identification number A-08000820, with corporate address in Barcelona, c/ Rosselló, 515, inscribed in the Mercantile Register of Barcelona, Volume 21.167, Folio 1, Page number B-17.713, has created damm.es and grupodamm.es web page. These Conditions shall regulate access and use of the aforementioned page by Users. Access and use of web page will be governed by and subject to these General Conditions. The use of the web pages owned by DAMM implies the knowledge and unconditional acceptance by Users of all General Conditions of Access and Use which are in force. DAMM reserves the right to modify these General Conditions at any time. The content of DAMM’s web pages (including, without limitation, texts, audiovisual material, software, design and signs) is subject to Industrial and Intellectual property rights. Rights in the content remain the property of DAMM or, where appropriate, of third parties to these rights. Under no circumstances does access to DAMM web pages imply any assignment, transfer or waiver to any of the Industrial and Intellectual property rights. The User will not be allowed to alter, modify or delete any signs that identify the rights by DAMM or third parties in the content of the web site. The User will only be entitled to access the content through the available means or procedures that are included in DAMM’s web pages to this purpose, or that are used on the Net to that end, provided they do not infringe on Intellectual Property rights or entail any damage to DAMM’s web pages and to the information and services available therein. The User agrees to use the services and content of DAMM’s web page in accordance with Law, these General Conditions, morality, good customs and public order. In particular, the User undertakes to use services and content in a proper and legal manner, and agrees not to use these for the following: a) Carrying out of activities which violate Intellectual and Industrial Property rights of rightful owners; b) Disseminating content or advertising of a nature which is racist, xenophobic, pornographic, unlawful or supporting terrorism; c) Damaging the computer systems of DAMM, their suppliers or third parties and/or introducing or disseminating viruses or any other harmful software or data that can damage computer systems, such as unsolicited e-mail spamming; and d) Disseminating unsolicited or unauthorized marketing or “junk mail”. DAMM disclaims any liability for damages of any kind to the User’s hardware or software arising out of or relating to the access to DAMM’s web pages or to the use of the site’s information or applications. DAMM does not guarantee fitness for a specific purpose, reliability, availability, appropriateness or accuracy of information or services contained in the web pages, which may be updated, modified or deleted without prior notice, in accordance with the legislation regarding information. Nor does DAMM guarantee that the content of its web pages is suitable or available out of Spain. In the event that the content of DAMM’s web pages is deemed illegal in countries other than Spain, their access and use shall be forbidden and shall be sole responsibility of Users, who must adhere to current national laws. DAMM will not be liable in any way for content by third parties that can be accessed by links included in this page. These links do not represent any type of relationship between DAMM and the owner of the web sites that can be accessed through these links, nor does it imply acceptance or approval of contents or services contained therein. DAMM reserves the right to cancel or provisionally suspend access to the web pages, and to make whatever changes or modifications it deems appropriate regarding web pages, services or information contained therein, as well as changes in presentation and localization and in these General Conditions of Access and Use. All information received in DAMM’s web pages will be deemed to have been transferred to DAMM without consideration, that is, gratuitously. Claims shall not be valid unless they are duly filed (not by e-mail) and addressed to DAMM’s Marketing Department, c/Rosselló nº 515, Barcelona 08025. The Marketing Department will then advise the User on the steps to follow. Any issues that may arise relating to DAMM’s web pages will be governed in accordance with Spanish Legislation. The parties hereto expressly agree to submit to the jurisdiction of, and agree that the venue is proper in, the Courts and Tribunals of the city of Barcelona. COOKIES Users are hereby advised that cookies may be activated on their computer when navigating the web site. Cookies can automatically identify the IP address of the User’s computer, and other navigation data. Cookies will only be used to improve navigation, and in no case will they be used to store personal data. Users have the option of turning off cookies by using the appropriate option in their navigation software. However, if the User turns the cookie option off, DAMM shall not be liable for any navigation problems related thereto.
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