Read carefully this document. This contains the terms and conditions that governs the access and navigation on the web site www.mercules.es (hereinafter, the Conditions of Use and the WebSite)
MERCULES SPAIN, SL, (hereinafter, MERCULES) is a Spanish private limited liability company domiciled in Vizcaya (Spain), Avenida de Neguri 9, Getxo, with Tax Identification Number B-87112264, incorporated in the Commercial Registry of Madrid at Volume 32.794, Folio 81, Sheet M-589491. Contact email email@example.com.
The Conditions of Use regulate the access to the material on the WebSite, and to the WebSite itself, as well as its use by the Users. MERCULES considers a User, any person that, accedes, navigates, uses or participate in the WebSite.
The access, navigation and use of the WebSite implies the express acceptance without any reserve of the present Conditions of Use, meaning that the use of the WebSite constitutes an agreement between MERCULES and the User with the same validity and effect that any agreement signed in writing.
The access to the materials provided by MERCULES on the WebSite does not require any previous registry and is free for the User. However, several services offered by MERCULES through the Website could be subjected to registry on the WebSite, previous contract and consideration which will be specified in its own contracting conditions.
The WebSite is an online sale platform where MERCULES sells its own products. The materials of the WebSite are provided to the User by MERCULES, containing information and promotions of its own products.
MERCULES provides information about its own products and offers the possibility of its acquisition through the Website. The User, obliges himself to refrain from using the WebSite with illicit or illegal purposes or effects, as well as, in contradiction with this Condition of Use.
In order to maintain the status of User, the User must assume the obligation of NOT accomplishing any of this conducts or actions: a) To create false User profiles with the purpose of avoiding general restriction or general penalties of the WebSite; b) To access, manipulate or use any area of the WebSite that is not meant to be public; c) To use the WebSite for other purposes different from those it was created for, for example, personal conversations, file sharing, personal promotion, political or ideological propaganda, publication, sending or hosting of illegal, obscene, racist, pornographic or offensive content; d) To try to prove, research, analyse or explore the vulnerability of the WebSite, of the payment gateway or of other system or network related with the same, or break any security or authentication barrier related with the WebSite or the referred systems or network. e) To try to decode, decompile, disassembled or invert any software engineering used for providing the services in the Web Site; or f) To damage or try to damage to the system, to other Users, to the host or to the network, manipulate or try to manipulate the access of any User of any kind, including, the undertaking of such purposes by means of the sending of a virus, overload or massive sending of spam or boom mailing.
In the event that the User carries out any of this behaviours, MERCULES can remove the User’s account and claim for damages.
“MERCULES” trademark is registered with the Spanish Patent and Trademark Office by MERCULES SPAIN, S.L. with the number 2947567/8.
The WebSite www.mercules.com is a domain name also registered by MERCULES SPAIN, S.L., neither the domain, nor the trademark “MERCULES” can be used, unless previous and written authorization by MERCULES SPAIN, S.L. in connexion with other products different from those of MERCULES SPAIN, S.L, in any way that can make confusion in our Users/clients or discredit MERCULES SPAIN, S.L.
MERCULES owns any and all the rights over the content, design and source code of the Web Site and, especially over the pictures, images, texts, logos, designs, trademarks, commercial names and data displayed on the WebSite.
Without prejudice to the aforementioned, the content of the WebSite has also the condition of a software, and therefore, the current Spanish and European regulation in the subject, is applicable to the same.
It is expressly prohibited the total or partial reproduction of this WebSite or its content, not even by a hyperlink, without previous written authorization of MERCULES.
Likewise, it is strictly prohibited the copy, reproduction, adjustment, modification, distribution, commercialization, public communication and/or any other action constitutive of an infringement of the current Spanish and International regulation on intellectual and industrial property, as well as the use of the contents of the Web Site, unless otherwise previously agreed in writing with MERCULES.
MERULES informs that, it does not grant any express or implied license or authorization over the industrial and intellectual property rights or over any other right or property related directly or indirectly, with the WebSite and its contents.
MERCULES does not guarantee: (i) the continuation of the contents of the Website; (ii) the lack of virus and/or any malware in the WebSite or in the server that supplies it; (iii) the vulnerability of the WebSite and/or the inexpugnability of the security measures adopted in the same; (iv) the damages caused to the User, to himself, or to any third party, by other third party not observing the terms, norms and directions that MERCULES stabilises in the WebSite or by means of the infringement of the security measures of the WebSite.
However, MERCULES declares that it has adopted all the security measures according to its possibilities and the technology available, in order to guarantee the functioning of the WebSite and the avoidance existence and transmission of virus and other malware
If the User is aware of the existence of any illicit or illegal content or any content that could infringe intellectual or industrial property right of any third party, must immediately notify it to MERCULES, so it can take the appropriate measures.
MERCULES will totally or partially modify the terms of this Conditions of Use by publishing such amendment as this conditions are published or by means of any other communication to the Users.
This Conditions of Use will be in force the term of its exhibition. The amended Conditions of Use will come in force at the time of its display on the WebSite.
Regardless what it is established in the Conditions of Use, MERCULES could terminate, suspend or interrupt, at any time and without any need of previous notification, the access to the contents of the WebSite, without any possibility of the User of claiming any compensation.
These Conditions of Use will be governed by the Spanish Law.
Both parties agree to summit themselves to the non-exclusive jurisdiction of the Courts of Madrid (Spain), which means that the User could claim its right as consumer in relation to these Conditions of Use not only in Spain but also in its Member State of residence, provided that the User has the status of “consumer” according to the 1999/44/CE Directive.