Legal Disclaimer and information about the terms and conditions for using the website

In compliance with the duty of disclosure set out in Article 10 of Spanish Information Society Services and Electronic Trading Act 34 of 11 July 2002, Dazia Capital Operating Company S.L., in its capacity as the owner of the DARYALIVING.ES website, hereby provides the following information:

1. Identifying data

Company name: Dazia Capital Operating Company S.L.

• Tax ID (CIF): B88121447
• Registered office: CALLE ALFONSO XII, No. 32 PLANTA 1ª PTA IZQ 28014 MADRID
• Email: psanchez@dazia.com
• Details of registration at Madrid Company Registry: VOLUME 32402 SHEET 205 PAGE M-583207

This information sets out and governs the terms and conditions of use, the restrictions on liability and the obligations that users of the Website published under the domain name DARYALIVING.ES hereby accept and agree to respect. However, acceptance of this legal disclaimer does not imply the creation of a contractual relationship between the USER and the Website’s DATA CONTROLLER, nor will it affect any relationship that may previously have existed between them. With regard to proper use of the Website and all the information it contains, USERS will be bound by the rights, duties and obligations established from time to time by the legislation in force, along with the obligations set out in this legal disclaimer.

2. Definitions

• “Website”, the DARYALIVING.ES domain made available to all Internet users.
• “USER”, the natural person or body corporate that uses or browses the Website.
• “Content”, the individual pages that make up the DARYALIVING.ES domain and that offer the information and services that Dazia Capital Operating Company S.L. makes available to Internet users. This includes messages, texts, photographs, graphic elements, icons, logos, technology, links, textures, drawings, sound and/or image files, recordings, software, layouts, graphic designs, source codes and, in general, any kind of material included on the Website.
• “Web”, a technical term that describes the system for accessing information via the Internet, which is made up of websites constructed using HTML or another similar language and programming mechanisms such as java, javascript, PHP and others. These sites, designed and published under an Internet domain name, are the result of the information that the owner makes available to Internet users.
• “Hyperlink”, a technique that allows USERS to browse through different websites across the Internet by simply clicking on a text, icon, button or symbol that contains a link.
• “Cookies”, a technical medium that allow the browsing of websites to be tracked and monitored. They are small text files that are downloaded onto the USER’s computer. This process has implications with regard to privacy, and Dazia Capital Operating Company S.L. will therefore offer the relevant verifiable warning about their use as soon as they are installed on the Website.

3. Users / Conditions of use

Access to and/or use of the DARYALIVING.ES website affords the status of USER, and from the moment that they gain access to and/or use the site, USERS unconditionally accept these conditions of use with regard to each and every one of the clauses and general terms and conditions included in the Legal Disclaimer.

If a USER does not agree with the terms and conditions of use set out in this Legal Disclaimer, he/she must refrain from using the Website.

4. Use of the website

DARYALIVING.ES offers access to articles, information and data (the “Content”) owned by Dazia Capital Operating Company S.L. The USER assumes responsibility for using the Website.

Some pages on the Website (DARYAMODERNLIVING.COM) may allow USERS to participate by leaving comments. In this case, any USER may upload text using the form provided for this purpose. When uploading texts by clicking on the relevant link, USERS undertake and agree to make proper use of the Content that DARYALIVING.ES offers via its Website, and not to use this Content for the purposes of:

• engaging in unlawful or illegal activities or any activities that are contrary to good faith and public order.
• publishing content or propaganda of a racist, xenophobic, pornographic or illegal nature, or content that supports terrorism or violates human rights.
• causing damage to the physical or logical systems of DARYAMODERNLIVING.COM, its suppliers or any third party, or introducing or spreading computer viruses in the network or any other physical or logical systems that are liable to result in the aforementioned damage.
• Attempting to access and, where applicable, use the email accounts of other users, and modifying or manipulating their messages.

In short, USERS undertake to respect the legislation in force, generally accepted ethics and good practices, the public order, and these general terms and conditions for access and use.

To this end, USERS undertake and agree NOT to use any of the Content for unlawful purposes or effects or for any purpose forbidden in the Legal Disclaimer that may harm the rights and interests of third parties or in any way damage, render unusable, overload, impair or prevent the normal use of the Content, IT equipment, or documents, files and any other kind of content stored on any IT device owned or contracted by Dazia Capital Operating Company S.L., or cause harm to other Users or any other user of the Internet (hardware and software). 

The USER undertakes and agrees not to transmit, disseminate or make available to third parties any kind of material contained on the Website, such as (though not limited to) information, text, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, trademarks, icons, technology, software, links, graphic designs and source codes or any other material to which they may have access in their capacity as a USER of the Website.

In addition, pursuant to all of the foregoing, USERS may not:

• Reproduce, copy, distribute, make available or in any way publicly communicate, transform or modify the Content, unless they have express written authorisation from Dazia Capital Operating Company S.L., which is the owner of the corresponding rights, or they are legally permitted to do so.
• Erase, manipulate or in any way alter the copyright and other data identifying the reservation of rights by Dazia Capital Operating Company S.L. or the relevant owner, including any watermarks and/or digital identifiers or any other technical medium used to recognise the rights in question.
• USERS must refrain from obtaining or even trying to obtain the Content by using means or procedures other than those that, where applicable, have been made available or are indicated for this purpose on the Website housing the Content, or those that are generally used on the Internet to this end, unless they do not represent a risk of damaging the Website and/or its Content or rendering them unusable.

5. Privacy policy. Data Protection

Dazia Capital Operating Company S.L. is aware of the importance of data protection and the USER’s privacy, and for this reason it has implemented a data processing policy that is aimed at offering maximum levels of security for the use and collection of such data, guaranteeing compliance with the regulations in force in this regard and establishing this policy as one of the key elements in the organisation’s lines of action. To this end, Dazia Capital Operating Company S.L. requires USERS to read its Privacy Policy.

6. Hyperlinks

As a service to our visitors, our Website may include hyperlinks to other sites that are not operated or controlled by Dazia Capital Operating Company S.L. In this regard, Dazia Capital Operating Company S.L. does not guarantee or accept any liability for the legality, reliability, use, veracity or current validity of the content shown on these websites, or for their privacy practices. Before you submit your personal data to these websites that do not belong to DARYAMODERNLIVING.COM, please bear in mind that their privacy practices may differ from our own.

In addition, any party that wishes to establish a hyperlink between our website (DARYAMODERNLIVING.COM) and their own must observe and comply with the following conditions:

No prior authorisation will be required when the hyperlink solely permits access to the home page, though it may not reproduce this home page in any way. Any other form of hyperlink will require express and unequivocal authorisation from Dazia Capital Operating Company S.L. in writing.

No “frames” may be created using pages from the Website or pages from the Dazia Capital Operating Company S.L. website.

No false, inaccurate or offensive statements or comments may be made about Dazia Capital Operating Company S.L., its management, employees or co-workers, or about any of the people named on the Website for any reason, or about USERS of the Website or the Content shown.

It will not be stated or implied that Dazia Capital Operating Company S.L. has authorised the hyperlink or overseen or in any way assumed responsibility for the Content that is offered or made available on the Website to which the hyperlink connects.

The Website on which the hyperlink is shown may only use the content that is strictly necessary in order to identify the target of the hyperlink.

The Website on which the hyperlink is shown shall not offer information or content that is illegal or contrary to moral ethics, generally accepted good practice or public order, or any information or content that contravenes any third-party rights.

7. Modification of this Legal Disclaimer

With the aim of improving the services offered by this Website, Dazia Capital Operating Company S.L. reserves the right to make changes and updates to the information contained on the Website, its layout and design and the contents of this Legal Disclaimer, along with any other specific terms and conditions, at any time and without the need to give prior notice. When USERS are affected by these specific terms and conditions, they will be duly informed and may refuse to accept them. In this case, the conditions that have applied up to that time will remain validly in force until the contractual relationship with the owner of the Website has ended. Acceptance of the Legal Disclaimer does not imply any commercial relationship, except with regard to the rights, duties and obligations that result from the proper use of this Website under the terms of the legislation in force. Notice of any updates and/or changes will be given when USERS access the Website, so that they may be made aware of the extent of the updates and changes in question.

8. Intellectual/industrial property

Dazia Capital Operating Company S.L. is the holder of all the intellectual and industrial property rights that pertain to its Website and to any of the elements belonging to Dazia Capital Operating Company S.L. or its licensees that are contained therein (including but not limited to images, sound, audio, video, software and texts; trademarks or logos, combinations of colours, structure and design, the selection of materials used, computer programmes required for its operation, access thereto and use thereof, etc.), and all rights are reserved.

Any use that is not previously authorised by Dazia Capital Operating Company S.L. shall be deemed to be a serious breach of the author’s intellectual or industrial property rights.

USERS hereby undertake to respect the Intellectual Property Rights held by Dazia Capital Operating Company S.L. USERS may view the items contained on the website, and print, copy, and store them on the hard drive of their computer or in any other physical format, provided that they do so solely and exclusively for their own personal and private use. USERS shall refrain from deleting, altering, evading or manipulating any protective device or security system that may have been installed on the Dazia Capital Operating Company S.L. website.

All trademarks, trading names or distinguishing marks of any kind that appear on the Website are the property of Dazia Capital Operating Company S.L. or, where applicable, third parties that have authorised their use, and it shall not be understood that use of and access to the Website and/or its Content affords the USER any right over these trademarks, trading names and/or distinguishing marks, nor shall it be understood that any of the rights of exploitation that apply or may apply to the Content have been assigned to the USER.

Similarly, the Content is the intellectual property of Dazia Capital Operating Company S.L. (or third parties, as applicable), and all intellectual property rights are therefore the property of Dazia Capital Operating Company S.L. or the third parties that have authorised their use, these being the parties that have an exclusive right to exploit the aforementioned items in any way, particularly the rights of reproduction, distribution, public broadcast and transformation. The reproduction, distribution and public broadcast of all or some of the contents of this website for commercial purposes, including any method of making such content available, is expressly prohibited, regardless of the medium or technical means used, without authorisation from Dazia Capital Operating Company S.L.

Any unauthorised use of the information contained on this Website, or the infringement of any of the Intellectual or Industrial Property Rights belonging to Dazia Capital Operating Company S.L. or to third parties that are included on the Website and have contributed content, shall result in the liability set out in law.

9. Cookies

“Cookies”, are a technical medium that allow the browsing of websites to be tracked and monitored. They are small text files that are downloaded onto the USER’s computer. This process has implications for privacy, and Dazia Capital Operating Company S.L. therefore informs Users that it may use cookies in order to compile statistics on the use of its website and to identify USERS’ devices so that they are recognised when they return to the Website. However, USERS may configure their browser settings to prevent the use of cookies when they visit the Website.

Dazia Capital Operating Company S.L. is aware of the importance of data protection and the USER’s privacy, and for this reason it requires USERS to read the Cookies Policy for our Website.

10. Availability of the Website

Dazia Capital Operating Company S.L. does not guarantee that USERS will not experience interruptions or errors when they access the Website and its Content, or that this Content will be up-to-date, though it will employ its best efforts, where necessary, to prevent interruptions, correct errors and update its Content. As a result, Dazia Capital Operating Company S.L. shall not be held liable for damage of any kind caused to the USER as a result of any failure or disconnection of the telecommunications networks that results in the suspension, cancellation or interruption of the Website’s services during or prior to the provision of such services.

 Notwithstanding the exceptions set out in the legislation in force, Dazia Capital Operating Company S.L. does not assume any liability for damage or harm of any kind that may be caused by the unavailability of the Website and its Content, or by a lack of continuity or quality in the Website’s operation or its failure to comply with the expectations that USERS may have with regard to the usefulness of the Website or its Content.

The purpose of the hyperlinks that are shown on this Website is solely to inform USERS of the existence of other Websites that contain information on the subject in question. These hyperlinks do not represent a suggestion or recommendation of any kind.

Dazia Capital Operating Company S.L. also does not assume any liability for any security problems that may arise, or for any damage that may be caused to the USER’s IT system (hardware or software) or the files or documents stored therein as the result of:

• The presence of a computer virus in the computer used by the USER to connect to the Website’s services and content.
• A malfunctioning browser or the use of browser versions that have not been updated.

 Dazia Capital Operating Company S.L. shall not be held liable for any content accessed via these linked sites, or for the operability or usefulness of the hyperlinks, or for the results obtained from the links, nor does it guarantee that they are free from viruses or other elements that could result in alterations to USERS’ IT systems (hardware or software), documents or files, and it shall not accept any liability for damage of any kind that may be caused to USERS in this regard.

Access to the Website shall not imply any obligation on the part of Dazia Capital Operating Company S.L. to ensure the absence of viruses, computer worms, or any other form of computer malware. USERS shall in all cases be responsible for ensuring that they have the appropriate tools to detect and neutralise malware programmes, and Dazia Capital Operating Company S.L. therefore does not assume any liability for any potential security problems that may arise while using the services offered by the Website, or for any damage that may be caused to the USER’s or a third party’s IT system (hardware or software) or the files or documents stored therein as the result of the presence of a virus in the computer used by the USER to connect to the Website’s services and content, or due to a malfunctioning browser or the use of browser versions that have not been updated.

11. Quality of the Website

Given the dynamic and changing nature of the information and services offered via its Website, Dazia Capital Operating Company S.L. employs its best efforts to ensure (though it does not guarantee) that the Content is entirely truthful, accurate, reliable, useful and up-to-date.

The information contained in the individual pages that make up this Website is intended solely for instructive, consultative, explanatory and promotional purposes. Under no circumstances shall it be regarded as binding or contractual in nature.

Dazia Capital Operating Company S.L. does not assume any liability for any decision that USERS may make on the basis of this information, or for any potential typographical error that may appear in the documents and graphic elements shown on the Website. The information may be subject to regular changes, without prior notice, for the purposes of extending, improving, correcting or updating the Content.

12. Availability of the Content

Provision of the service offered by the Website and the Content shall, in principle, continue indefinitely. However, Dazia Capital Operating Company S.L. has the authority to terminate or suspend provision of the service offered by the Website and/or any of its Content at any time. When reasonably possible, Dazia Capital Operating Company S.L. will give prior notice of the Website’s termination or suspension.

13. Jurisdiction

All the parties involved submit to the Judges and Courts of Madrid for the hearing of any issue that may arise with regard to compliance with this Legal Disclaimer, its interpretation and application, and any claims that may result from its use, and they expressly waive any other jurisdiction to which they may be entitled.

14. Applicable Law

These terms and conditions are governed by Spanish law.

All copyright is reserved under the international legislation and treaties in force in respect of intellectual property. The copying, reproduction or broadcasting of the contents of this Website, either wholly or in part, by any means, is expressly prohibited.

15. Supervisory authority

At Dazia Capital Operating Company S.L. we employ the maximum possible effort to comply with the data protection regulations, given that this is a core value for us. However, we would inform you that in the event that you believe that your rights have been infringed, you may submit a claim to the Spanish Data Protection Agency (Agencia Española de Protección de Datos, AEPD) at C/Jorge Juan 6, 28001 Madrid. More information about the AEPD. http://www.agpd.es/. Documents prepared by LegalDPO. https://legaldpo.es/