1. General Information
3. Use of the Website
The User is aware and voluntarily and expressly accepts that the use of the nivariabeach.com Website is always under his/her sole and exclusive responsibility. In using the Website nivariabeach.com, the User undertakes not to engage in any conduct that could damage the image, interests and/or rights of KORA LIVING or third parties, or that could damage, render useless or overload the Website, or that could in any way prevent the normal use of the Website. The contents of the nivariabeach.com Website are made available to the User with information from both own and third-party sources. The inclusion of content on the nivariabeach.com Website does not in any way constitute the provision of a service. The User acknowledges that the application of the law to individual cases is not automatic, but may vary depending on a wide variety of circumstances. KORA LIVING therefore advises the User not to make any decisions based on the information contained in the contents without obtaining appropriate professional advice. KORA LIVING shall not be liable for the use made by third parties of the information published on the Website, nor for any damage or economic loss suffered which, directly or indirectly, produce or may produce economic, material or data damage, caused by the use of said information.
4. Industrial and Intellectual Property
- 1.-Name and surname, postal address and email address of the person concerned or, where appropriate, of the person authorised to act on their behalf, indicating the title by virtue of which they are represented (hereinafter, the Claimant).
- 2.-Statement by the Claimant stating that he/she is the owner of the allegedly infringed rights, including his/her signature, be it physical or digital.
- 3.- A precise description of the content protected by the intellectual property rights allegedly infringed, as well as its exact location on the Website.
- 4.- Express declaration by the claimant that the use of the content has been made without the consent of the owner of the allegedly infringed rights.
4.1 Domain names
In the same sense as that referred to in the previous section, the domain name nivariabeach.com and all those used to directly access this site are the exclusive property of KORA LIVING. The improper use of these in the course of trade would constitute an infringement of the rights conferred by their registration and will be prosecuted by the means provided for in the legal regulations.
The contents, texts, photographs, designs, logos, images, sounds, videos, animations, recordings, computer programmes, source codes and, in general, any intellectual creation on this Website, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation.
4.3 Personal use
KORA LIVING authorises Users to use, view, obtain a temporary copy, download and store the contents and/or elements inserted in the Website exclusively for their personal, private and non-profit use; provided that in all cases the origin and/or author of the same is indicated and that, where applicable, the copyright symbol and/or industrial property notes of the owners appear. The use, reproduction, communication and/or distribution of such elements for commercial or lucrative purposes, as well as their modification, alteration or decompilation, is strictly prohibited. For any use other than those expressly permitted, the prior written consent of the owner of the rights in question must be obtained.
4.4 Reservation of rights
The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could damage them, and in any case KORA LIVING reserves the right to exercise any legal means or actions that may correspond to it in defence of its legitimate intellectual and industrial property rights.
5. Exclusion of guarantees and liability
5.1 Exclusion of guarantees and liability for the operation of the Website
KORA LIVING does not guarantee the availability and ongoing functioning of the Website. Likewise, KORA LIVING shall not be liable in any case for any damages that may arise from: 1. Lack of availability or accessibility of the Website; 2. The interruption in the operation of the Website or computer faults, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, in the internet system or in other electronic systems produced in the course of its operation; 3. The unsuitability of the Website for the User’s specific needs and; 4. Other damages that may be caused by third parties through unauthorised interference beyond the control of KORA LIVING. KORA LIVING does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to KORA LIVING that may cause alterations in the physical or logical systems of the Users or in the electronic documents and files stored in their systems. KORA LIVING adopts several protective measures to protect the Website and its contents against computer attacks by third parties. Nevertheless, KORA LIVING does not guarantee that unauthorised third parties may not have access to the type of use or browsing of the Website by the User or the conditions, characteristics and circumstances in which the use or browsing are carried out. Consequently, KORA BEACH shall in no case be liable for any damages that may arise from such unauthorised access.
5.2 Exclusion of guarantees and liability for the User's use of the Website's services and contents
KORA LIVING shall not be liable under any circumstances for the use that Users and/or third parties may make of the Website or the contents, nor for any damages that may derive from these actions. KORA LIVING excludes any liability for damages of any kind that may be due to the use of the services and contents by Users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information provided by Users about themselves, particularly though not exclusively, for damages of any kind that may be due to the impersonation of a third party by a User in any kind of communication made through the portal.
5.3 Exclusion of guarantees and liability for the contents
KORA LIVING shall not be liable in any case for any damages that may arise from: 1. Damages of any kind that may be due to the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the content. 2. Unsuitability of the content for any purpose and the disappointment of the expectations generated by the content.
6. Personal Data
The mere fact of visiting the nivariabeach.com Website does not automatically record any personal data that identifies a User. However, certain information of a non-personal nature and not identifiable with a specific User may be collected and stored on KORA LIVING’s internet servers (for example, the User’s type of internet browser and the User’s operating system) in order to improve the User’s browsing experience and the management of the nivariabeach.com Website. KORA LIVING may require certain personal data from the User for the use of certain content or services, complying at all times with EU Regulation 2016/679 and Organic Law 3/2018 of 5 December on the protection of personal data and the guarantee of digital rights.
7. Modification and Termination of Services
8. Applicable Law and Jurisdiction