Legal Warning - Mário Sousa.

Updated Date: 1 January, 2019


The purpose of this Legal Notice is to establish the terms and conditions that shall govern the relationship between the website owner and the visitors of it (hereinafter, the “User” or the “Users”).

Owner’s identity.

Complying with its legal obligation established on the section 10 of the Spanish Act 34/2002, on information Society Services and E-commerce, the owner of the website www.mariosousa.com (hereinafter, the “Site”, “Website”, “us”, “web”) identifies himself as a service provider:

Name: Mário Sousa (the “Artist”).
Tax ID: Y6016630-M
Address: Calle Elfo 120, 2D 28027 Madrid.
Phone number: +34 610040959
Email address: info@mariosousa.com
Country: Spain

General Conditions of Use

You commit yourself to use this Website, its services in conformity with Spanish Law, its legal warnings, the general conditions of use (hereinafter, the “Conditions”), together with any special disclaimer policy, and also with behavior that is generally accepted acceptable in public.
This Website is offered to you with the condition that you accept fully this legal notice, terms and conditions, together with any special disclaimer policy.

(a) By navigating, and visiting this website, you are accepting the acceptance of such terms.
(b) Before any financial transaction or data gathering is done on this Website, we will require you the acceptance of such terms, in accordance with applicable law.

Modifications and updates

The Artist reserves the legal right to update, modify, delete any information on this Website, which includes the present Legal Notice without prior warning.

Intellectual Property

The Artist is the right holder of the Website and its Contents as he is the author of the Website or he has obtained the proper authorization of the author/s of it. The Webpage concept is inclusive but not limited to its programming, edition, compilation, and other elements needed for its functioning, design, logotypes, trademarks, text and images.

All the contents of the Website are properly protected by the intellectual and industrial property regulations, and are as well registered in the corresponding public files.

Users are not authorized, regardless of their purpose, to copy or display total or partially, distribute, use, exploit, commercialize the Website and/or its Contents, without the express written consent of the Artist. Improper or unauthorized use of the materials and information contained on the Website constitutes an infringement of the intellectual or industrial property rights of the Artist and/or third parties.

Designs, logotypes, text and/or images that may appear on the Website, which are not property of the Artist, are property of their owners, hence the owners are responsible of any possible conflict derived from them. In any case, the Artist has got the owners’ specific and prior authorization of use.

The Artist accepts in favor of its owners the corresponding rights of industrial and intellectual property. The sole appearance or reference on the Website does not imply the existence of rights or responsibility of the provider, or any sponsorship, support or recommendation by the Artist.

It is also forbidden to use the Artist’s contact details (address, telephone number, e-mail address) to send any kind of commercial communication, unless the necessary authorizations have been previously obtained in accordance with the applicable regulations.

Trademarks

The Artist is the legitimate owner of the trademark Mário Sousa. Third party trademarks displayed on the Website are the property of their respective owners.

Those who browse the Website are prohibited from using such trademarks, logos and distinctive signs without the written authorization of the legitimate right holders.

Any observations on possible transgression of the rights of intellectual and industrial property, as well as on any of the contents of the Website, can be sent to this email address: info@mariosousa.com.

Responsibilities

Website suspension
The operation of the Website is supported by servers of service providers, connected by public and private communications networks.

The Artist will do his best to guarantee the correct functioning of the Website, however, he cannot assure the absence of interruptions for technical reasons in order to carry out repair, and/or maintenance tasks or lack of coverage or failures in the equipment and/or networks necessary for the transmission of data, which are beyond his control.

Thus, access to the Website may be suspended for reasons of force majeure such as those listed below, but not limited to:

Failures in power or telephone supply,
Virus or attacks on servers that support the Website,
Errors experienced by users accessing the Website,
Fires, floods, earthquakes or other acts of God,
Strikes or labor disputes,
War conflicts or other situations of force majeure.

The Artist is exonerated of any type of liability if they come to materialize any of the circumstances indicated hereby.

User’s responsibility

The User shall use the Website at his or her own risk. By accessing it, you agree to use it in accordance with the applicable legislation and codes of ethics, as well as the conditions contained in these Terms of Use.

Failure to comply with any of the rules included in these Conditions or the legislation under which they are protected, will give rise to the responsibility of the User vis-à-vis the owner of the Website and/or third parties, for any damage or injury that may be caused as a result of such non-compliance, regardless of whether it involves the materialization of an illicit, an administrative sanction, a misconduct or an offence and entitle the Artist to, where appropriate, demand their liability.

Artist’s responsibility

The Artist shall not be liable for any damage caused to the User or third parties as a result of a breach of the present Legal Notice and Conditions attributable to the User or alteration of the User's equipment.

Moreover, the Artist also assumes no responsibility for any illegitimate interference through the use of computer viruses or any other source, improper use of the Website by the User or security errors caused by incorrect operation of terminal equipment used by the User.

Acceptable use

The User must not:

Use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

Use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

Use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

Access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

Violate the directives set out in the robots.txt file for our Website; or

Use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

The User must not use data collected from our Website to contact individuals, companies or other persons or entities.

The User must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.

Hyperlinks

Our Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

The Artist authorizes the establishment of links and hyperlinks from other websites. However, anyone who intends to establish a link between its website and the Website will do so respecting the following conditions:

The website on which the link is established shall not contain any unlawful information or content contrary to morality, public order or any rights of third parties.

It shall not be declared or implied that the Artist has expressly authorized the link or has previously supervised, assumed or recommended in any way the services offered or made available on the website that establishes the link to the Website. It is therefore recommended that anyone who browses the Website be extremely cautious in evaluating and using the information, content and services available on the linked sites.

The establishment of the link does not imply, in any case, the existence of relations between the Artist and the owner of the website in which the link is incorporated.

Data protection

The Artist undertakes to process the User's personal data in accordance with current legislation in this area. Specifically, it undertakes to apply the provisions of the Spanish Organic Law. 15/1999, of December 13th, on the Protection of Personal Data (LOPD); in Royal Decree 1720/2007, of January 19th, approving the Regulation implementing the LOPD and in the General Data Protection Regulation 679/2016 of April 27th, 2016. Complete information on this matter is contained in our Privacy Policy.

Applicable Law

Those relations established between the User and the Artist, will be governed by the provisions of the legislation in force in relation to the applicable regulations and competent jurisdiction, the rules of the Spanish Law being applicable.

In those cases, where voluntary submission to a specific jurisdiction is possible, the Artist and the User, waiving any other jurisdiction, shall submit to the Courts and Tribunals of the city of Madrid.

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