Legal Notice

LEGAL NOTICE AND CONDITIONS OF USE OF THE WEBSITE

The website www.mondmarketing.com (the “Website”) is owned by MPEAK MARKETING, S.L. which provides users of the Website with access to this document in order to fulfil the obligations established in Information Society and Electronic Commerce Services Act 34/2002, of 11 July 2002 (the “Ley de Servicios de la Sociedad de la Información y de Comercio Electrónico”, or “LSSICE”), and to inform all users of the website with regard to the conditions of use.

All those accessing the Website will be have the status of user (the “User” or “Users”), and undertake to observe and strictly comply with the provisions established in these conditions of use (the “Conditions of Use”), in addition to any other legal provision that might govern or apply to any access, use, functionality, service or other means required for use of the Website or included therein, in addition to the Privacy Policy and the Cookies Policy.

MPEAK MARKETING, S.L. reserves the right at any time to modify any information or content that might appear on the Website, without any obligation to serve prior notice or to inform Users of such modifications.

1. IDENTIFYING DETAILS

Domain name: www.mondmarketing.com
Trading name: Mond Marketing On Demand
Corporate name: MPEAK MARKETING, S.L.
Tax ID: B67940205
Registered office: L’Havana, 26, 08195 Sant Cugat del Vallès (08195 Barcelona)
Telephone: +34 619 674 155
e-mail: montserrat@mondmarketing.com
Registration details: [Registered in the Companies Register of Barcelona, Volume 48141, Page 215, Sheet B 573661, Entry 1]

2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The Website, including by way of example, without being confined to, its programming, editing, compilation and other elements required for its functionality, the information, data, videos, multimedia content, voices, images, photographs, designs, distinctive signs, logos, text and/or graphics, and any other content of the Website, are the exclusive property of MPEAK MARKETING, S.L. or, where applicable, MPEAK MARKETING, S.L. holds an explicit authorisation or licence from the owners of such elements. All the contents of the Website are duly protected by intellectual and industrial property regulations, and are registered in the corresponding public registers.

MPEAK MARKETING, S.L. acknowledges the corresponding intellectual and industrial property rights enjoyed by the holders. The mere mention or appearance thereof on the Website does not imply the existence of any rights or liability whatsoever regarding them, nor any support, sponsorship or recommendation on the part of MPEAK MARKETING, S.L.

MPEAK MARKETING, S.L. grants a non-exclusive licence which cannot be sub-licensed or transferred to other Users to make use of the Website and the material, information and content that it contains, which are subject to all other terms included in these Conditions of Use, any other terms that might apply, and the applicable regulations.

Users acknowledge and accept that use of the Website does not constitute the transfer of any intellectual or industrial property right, such as copyright, trademarks, designs or other rights in the Website, and likewise does not constitute any authorisation for the creation of developments derived from the Website, other than under the limited licence of use granted to Users to make use of the Website under the terms established in the above paragraph.

Irrespective of the purpose for which they were intended, total or partial reproduction, use, exploitation, distribution and marketing require in all cases prior, written authorisation by MPEAK MARKETING, S.L. Any use without prior authorisation is considered a serious breach of the intellectual or industrial property rights of the author.

Any design, logos, text and/or graphics not owned by MPEAK MARKETING, S.L. that appear on the Website are the property of the respective owners, who are likewise liable in the event of any possible dispute that might arise in connection therewith.

MPEAK MARKETING, S.L. explicitly authorises third parties directly to redirect to the specific content of the Website, and in any event to redirect to the main Website: www.mondmarketing.com.

3. IMPROPER USAGE

Users undertake not to misuse the Website, and not to use it nor distribute information via it for:

Activities in breach of the applicable legislation, these Conditions of Use, morality, decent practice or established public policy, or for any purposes that are unlawful, forbidden, or in breach of the rights and interests of MPEAK MARKETING, S.L. or of third parties. In particular, copyright, registered trademarks or names, and privacy rights.

Use the Website or any part thereof on other private or commercial websites, or make commercial use of the Website or any of its materials.

Alter, copy, modify, decompile, disassemble, perform reverse engineering, grant licences, lease, sell or imitate the Website or its content.

Transmit a virus or other harmful component that would jeopardise, limit or damage the Website or any connected network, or that would interfere with use and enjoyment of the Website by other Users.

Disclose, extract, reuse, forward or in any way use any of the data or elements of the Website belonging to MPEAK MARKETING, S.L., in whole or in part and by any means or medium, without its prior, explicit, written consent.

MPEAK MARKETING, S.L. reserves the right to block access to certain services of the Website on the part of any Users who are in breach of these Conditions of Use, third-party rights or the applicable legislation, and in particular the commitments stipulated in this clause. MPEAK MARKETING, S.L. will retain all additional rights that it might enjoy vis-à-vis Users, in particular with regard to any criminal or civil proceedings that might be brought.

4. NOTIFICATION OF POSSIBLE BREACHES

MPEAK MARKETING, S.L. respects the rights of third parties and the applicable legislation.

Any observations to be made with regard to any possible breaches of intellectual or industrial property rights, or regarding any of the content of the Website, may be sent to the following email address: montserrat@mondmarketing.com.

5. POLICY REGARDING MODIFICATIONS OR CLOSURE OF THE WEBSITE

MPEAK MARKETING, S.L. reserves the right to modify or update these Conditions of Use at any time, in addition to any type of information that might appear on the Website.

MPEAK MARKETING, S.L. likewise reserves the right to suspend or close the Website at any time and without prior notice, on account of any circumstances.

6. ABSENCE OF GUARANTEE

MPEAK MARKETING, S.L. will make all reasonable efforts to achieve the proper functioning of the Website. However, MPEAK MARKETING, S.L. cannot guarantee the absence of interruptions to the service for the purpose of conducting Website repair or maintenance tasks, or because of a lack of coverage or failures in equipment, or the networks required to transfer data, which are outside its control. MOND will adopt appropriate measures to reduce such interruptions.

7. WAIVER OF LIABILITY

MPEAK MARKETING, S.L. declines any type of liability derived from any information published on its Website that has been manipulated or included by a third party unconnected with it.

MPEAK MARKETING, S.L. does not guarantee that Users will make use of the Website in accordance with the law, these Conditions of Use, morality, decent practice as generally accepted and public policy, nor that they will do so in a diligent and prudent manner. MPEAK MARKETING, S.L. thus accepts no liability for any use that Users may make of the contents of the Website that could be in breach of any type of national or international standard, intellectual or industrial property rights, or any other third-party rights.

Users will be fully responsible for any data or content that they might transfer or communicate to MPEAK MARKETING, S.L. via the Website.

Access to and use of the Website may entail the consumption of data. MPEAK MARKETING, S.L. accepts no responsibility for the costs derived from the communication and sending of data or the Internet connection incurred by Users.

Users may, via the different constituent areas of the Website, visit, obtain information, use a series of applications and submit requests or communications.

8. DATA PROTECTION

MPEAK MARKETING, S.L. will protect the personal data of Users and process them in accordance with the applicable data protection regulations. Users may find further information regarding this matter in the Privacy Policy available on the Website itself.

9. COOKIES POLICY

This Website may make use of technical cookies (small information files which the server sends to the computer of the individual accessing the page) in order to perform certain functions which are considered vital for the proper functionality and display of the site. The cookies used are in all cases temporary in nature, for the sole purpose of achieving more effective browsing, and are deleted when the User’s session ends. These cookies under no circumstances themselves provide personal data, and will not be used to gather such data.

Use of cookies also allows the server hosting the Website to recognise the web browser used by the User in order to provide simpler navigation, for example allowing by those Users who have previously registered to access areas, services, promotions and competitions reserved exclusively for them, without the need to register on each visit. They may likewise be used to measure the audience, traffic parameters, to monitor progress and number of entries, etc., in which case the cookies are not technically essential, but are beneficial for users

This Website will not set any non-essential cookies without the User’s prior consent.

Users are able to configure their browser to receive a notification when cookies are received, and to prevent them from being installed on their device. Please consult the instructions for your browser for further information in this regard.

10. LINKS POLICY

This Website may redirect to content of third-party websites. Since MPEAK MARKETING, S.L. cannot always control the content incorporated by third parties on their websites, it accepts no form of liability with regard to such content. In all cases it will proceed immediately to remove any content which could violate national or international legislation, morality or public policy, proceeding immediately to remove the link leading to the website in question, and informing the competent authorities of the content in question.

MPEAK MARKETING, S.L. accepts no liability for the information and content stored on platforms which include, without being confined to, forums, chat rooms, blog generators, comments, social media or any other medium allowing third parties to publish content independently on the website of MPEAK MARKETING, S.L. However, in fulfilment of the provisions of Articles 11 and 16 of the LSSICE, it remains at the service of all users, authorities and law enforcement agencies, actively cooperating in the removal or, where applicable, blockage of any content that could affect or contravene national or international law, third-party rights or morality and public policy. In the event that Users believe that the Website contains any content which could be thus classified, they are asked to notify the website administrator immediately.

11. IP ADDRESSES

The Website servers may automatically detect the IP address and domain name used by the User. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a duly registered server activity filing system which can subsequently process data in order to obtain purely statistical measurements which serve to establish the number of page views, the number of visits to web servers, the order of visits, the point of access, etc.

12. INDEPENDENCE AND COMPLETION OF THE CLAUSES

Should any of the clauses of these Conditions of Use be deemed unlawful, invalid or unenforceable, this will not affect the efficacy of all other terms, provided that the rights and obligations of MPEAK MARKETING, S.L. or of the Users derived from these Conditions of Use would not suffer any fundamental impact. A fundamental impact should be understood as any situation that would seriously jeopardise the interests of either of the parties, or would affect the inherent object of these Conditions of Use. Such clauses must then be replaced or completed by means of others that would fulfil the purpose of the terms replaced, while being legally compliant.

13. APPLICABLE LAW AND JURISDICTION

Spanish legislation will apply in order to resolve any disputes or matters connected with the Website or the activities undertaken thereon, the jurisdiction to resolve any conflict derived from or connected with the use thereof lying with the Courts of the City of Barcelona, unless the applicable legal regulations should establish any other jurisdiction.