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Terms and Conditions

1. Privacy

1.1

In compliance with Chapter II of Law 34/2002, LSSICE, we inform you that this website is owned by CALIMA SURF SCHOOL SLU domiciled in Calle Achique N 14, Caleta de Famara, Teguise (Lanzarote) and with NIF B35924158, contact telephone (+34)626913369, email info@calimasurf.com.

1.2

For the purposes of the provisions of Law 15/1999, of December 13, Protection of Personal Data CALIMA SURF SCHOOL SLU, we inform you that the data you voluntarily provide will be incorporated into a mixed file of personal data, declared to the Data Protection Agency, whose purpose is to perform the necessary commercial and administrative management in the relationship with customers that has implemented all the security measures established in the Royal Decree 1720/2007 of December 21.

1.3

In accordance with the provisions of Law 15/1999 of 13 December, you may exercise your rights of Access, Rectification, Opposition and Cancellation by sending a letter to CALIMA SURF SCHOOL SLU, with registered office at Calle Achique N 14, Caleta de Famara, Teguise (Lanzarote) or by sending an email to info@calimsurf.com, indicating as subject: “LOPD, ARCO Rights”, and attaching a photocopy of your ID, as indicated by law.

1.4

CALIMA SURF SCHOOL SLU will not transfer your data to third parties. However, in the case of being transferred to any company there would be an information prior to delivery, requesting the express consent of the affected.

2. Introduction

2.1

These terms and conditions set out the use you may make of our website.

2.2

By using our website, you accept these terms and conditions in full; Accordingly, if you do not agree to these terms and conditions, or any part of these terms and conditions, you must not use our website.

2.3

You must be at least 13 years of age to use our website; by using our website or agreeing to these terms and conditions, you represent and warrant that you are 13 years of age or older.

2.4

CALIMA SURF SCHOOL SLU will not transfer your data to third parties. However, in the case of being transferred to any company there would be an information prior to delivery, requesting the express consent of the affected.

2.5

Our website uses cookies; by using our website or accepting these terms and conditions, you consent to the use of cookies in accordance with the terms of our cookie policy.

3. Copyright Notice

3.1

Copyright (c) 2020 Calima Surf School.

3.2

Subject to the provisions expressed in these terms and conditions:

        • we, together with our licensors, own and control all copyright and intellectual property rights in our website, including the material published on our website; and
        • all copyrights, intellectual property rights and material on our website are reserved.
4. License to use the website

4.1

You can:

      • View our website pages in a web browser;
      • download pages from our website for caching in a web browser;
      • print pages from our web site;
      • streaming audio and video files from our website; and
      • use the services offered on our website through a web browser, subject to the other provisions set forth in these terms and conditions.

4.2

Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download material from our website or store material on your computer.

4.3

You may only use our website for personal and business purposes, and you must not use our website for any other purpose.

4.4

Except as expressly permitted by these terms and conditions, you must not edit or modify any material on our website.

4.5

Unless you own or control the relevant rights in the subject matter, you must not:

      • publish material from our website (including republishing on another website);
      • sell, rent or sub-license material from our website;
      • redistribute material from our website.

4.6

Notwithstanding the provisions of Section 3.3, you may distribute our newsletter in printed or electronic format to any person.

4.7

We reserve the right to restrict access to certain areas of our website or our entire website, at our discretion; you must not circumvent or ignore or attempt to circumvent the bypasses and access restriction measures on our website.

5. Uso aceptable

5.1

You should 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, 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, post or distribute any material consisting of (or linked to) any spyware, computer virus, Trojan horse, worm, keylogger, rootkit or other malicious computer software;
        • conduct systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in connection with our Web site without our express written consent;
        • Usage data collected from our website for any direct marketing activities (including, and not limited to email marketing, SMS marketing, telemarketing and direct mail).
        • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2

You should not use the data collected from our website to communicate with individuals, companies or other entities.

5.3

You must ensure that all information you provide to us through our website, or in connection with our website, is true, accurate, current, complete and not misleading.

6. Registration and accounts

6.1

To create an individual account on our website under the provisions of this Section 5, you must be at least 13 years of age.

6.2

You can register for an account on our website by completing and submitting the account registration form on our website.

6.3

You must not allow any other person to use your account to access the website.

6.4

You must notify us immediately in writing if you become aware of any unauthorized use of your account.

6.5

You must not use another person’s account to access the website unless you have that person’s express permission to do so.

7. User access data

7.1

If you register to create an account on our website, you will be asked to enter a user email and password.

7.2

The user email must not be misleading and must comply with the content standards set forth in Section 9; you must not use your account or user email for or in connection with the impersonation of any person.

7.3

You must keep your password confidential.

7.4

You must notify us immediately in writing if you become aware of any disclosure of your password.

7.5

You are responsible for any activity on our website arising from any failure to keep your password confidential, and may be liable for losses arising from such a breach.

8. Account cancellation and suspension

8.1

We will be able to:

      • suspend your account;;
      • cancel your account; and/or
      • modify your account details, at any time at our discretion and without prior notice or explanation.

8.2

You can cancel your account on our website using the control panel on the website.

9. Its content: license

9.1

In these terms and conditions, “your content” refers to all works and materials (including, without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission through our website.

9.2

You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to:

        • use, reproduce, store, adapt, publish, translate and distribute its contents in any existing or future media;;
        • reproduce, store and publish your content on and in connection with this website and any successor website;
        • reproduce, store and, with your specific consent, publish your content on and in connection with this website.

9.3

You grant us the right to sub-license the license rights under Section 8.2.

9.4

You grant us the right to bring an action for infringement of license rights under Section 8.2.

9.5

You hereby waive all of your moral rights in your content to the maximum extent permitted by applicable law; and you represent and warrant that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6

You may edit your content to the extent permitted by using the editing functionality available on our website.

9.7

Without prejudice to any other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if you are reasonably suspected of having breached these terms and conditions in any way, we may remove, unpublish or edit any of your content.

10. Content rules:

10.1

You represent and warrant that your content will comply with these terms and conditions.

10.2

Your content must not be illegal or unlawful, must not infringe the legal rights of any person, and must not be capable of giving rise to legal action against any person who, in each case, in any jurisdiction or under any applicable law.

10.3

The content and the use of your content by us in accordance with these terms and conditions, must not:

        • is defamatory or maliciously false;
        • be obscene or indecent;
        • infringes any copyright, moral right, database right, trademark right, design right, right in passing off, or any other intellectual property right;
        • infringes any right of confidence, right of privacy or right under data protection legislation;
        • constitutes negligent advice or contain any negligent misrepresentation;
        • constitute incitement to commit a crime, instructions to commit a crime or the promotion of criminal activity;
        • being in contempt of court, or in violation of any court order;
        • be in violation of racial or religious hatred or anti-discrimination legislation;
        • a blasphemy;
        • is contrary to official secret legislation;
        • be in breach of any contractual obligation with respect to any person;
        • represent violence, explicitly, graphically or unjustifiably;
        • pornographic;
        • uncertain, false, inaccurate or misleading;
        • consist of, or contain any instructions, advice or any other information which is to be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
        • is offensive, misleading, fraudulent, threatening, abusive, harassing, antisocial, menacing, hateful, discriminatory or inflammatory; or
        • cause discomfort, inconvenience or unnecessary anxiety to any person.
11. Limited warranties

11.1

We make no warranties or representations:

        • the completeness or accuracy of the information published on our website;
        • that the material on the web site is up to date; or
        • that the website or any services on the website will continue to be available.

11.2

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time and in our sole discretion and without prior notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon discontinuance or alteration of any of the website services, or if we cease to publish the website.

11.3

To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and your use of our website.

12. Limitations and exclusions of liability

12.1

Nothing in these terms and conditions shall:

        • limit or exclude liability for death or personal injury resulting from negligence;
        • limit or exclude any liability for fraud or fraudulent misrepresentation;
        • limit any liability in any manner not permitted by applicable law; or
        • exclude any liability that cannot be excluded by applicable law.

12.2

The limitations and exclusions of liability set forth in this Section 11 and elsewhere in these terms and conditions:

        • are subject to Section 11.1; and
        • govern all obligations arising under these terms and conditions or in connection with the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

12.3

We shall not be liable to you in respect of any losses arising from any event or events beyond our reasonable control.

12.4

We shall not be liable to you in respect of any losses arising from any event or events beyond our control.

12.5

We will not be liable to you in respect of any loss of business, including without limitation loss of or damage to profits, revenue, use, production, anticipated savings, business, contracts, business opportunities or goodwill.

12.6

We shall not be liable to you in respect of any loss or corruption of data, database or software.

12.7

We shall not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8

You agree that we have an interest in limiting the personal liability of our agents and employees and, having regard to this interest, you acknowledge that we are a limited liability partnership; you agree that you will not bring a personal claim against our employees in respect of losses suffered in connection with this website or these terms and conditions (this does not limit or exclude the liability of our limited liability partnership for the acts and omissions of our agents and employees).

13. Violation of these terms and conditions

13.1

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if you are reasonably suspected of having breached these terms and conditions in any way, we may:

        • send one or more formal warnings;
        • temporarily suspend your access to our website;
        • permanently prohibit access to our website;
        • block access to our website from your IP address;
        • contact us with any or all of your Internet service providers and request that they block your access to our website;
        • take legal action against you, whether for breach of contract or otherwise; and/or
        • suspend or delete your account on our website.

13.2

Where we suspend or prohibit or block your access to our website or a portion of our website, you shall not take any action to circumvent such suspension or prohibition or blocking (including, without limitation by creating and/or using a different account).

14. Variation

14.1

We may revise these terms and conditions from time to time.

14.2

The revised terms and conditions will apply to your use of our website as of the date of posting of the revised terms and conditions on the website, and you hereby waive any rights you have not acquired by being notified of, or consenting to, revisions to these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our website.

15. Assignment

15.1

We hereby agree that we may assign, transfer, subcontract or trade our rights and/or obligations under these terms and conditions.

15.2

You may not without our prior consent assign, transfer, sub-contract or modify any of your rights and/or obligations under these terms and conditions.

16. Divisibility

16.1

If any provision of these terms and conditions is determined by a court to be unlawful and/or unenforceable, the remaining provisions will remain in effect.

16.2

If any provision of these terms and conditions is unlawful and/or unenforceable, if any part of it is deleted, that part will be deleted, and the remainder of the provision will continue in effect.

17. Rights of third parties

17.1

These terms and conditions are for our benefit and yours, and these terms and conditions are not intended to benefit or be enforceable by any third party.

17.2

The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

18. Our agreement

18.1

Subject to Section 11.1, these terms and conditions, together with our privacy and cookie policy, shall constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

19. Law and jurisdiction

19.1

These terms and conditions shall be governed by and construed in accordance with Spanish law.

19.2

Any dispute relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Spain.

20. Law and jurisdiction

20.1

We are registered in the “Boletín Oficial del Registro Mercantil” and our tax identification number is B35924158.

20.2

We are subject to the jurisdiction of the Spanish authorities.

20.3

We are registered as Calima Surf School S.L.U. with registered office in Spain.

21. Our details

21.1

This web site is owned and operated by Calima Surf School S.L.U.

21.2

We are registered in Spain under registration number B35924158, and our registered office is at Avenida El Marinero, 13, Caleta Famara, 35558, Teguise, Lanzarote.

21.3

We are registered in Spain under registration number B35924158, and our registered office is located at Avenida El Marinero, 13, Caleta de Famara, 35558, Teguise, Lanzarote.

21.4

You can contact us:

        • by mail, using the postal address above;
        • using the contact forms available on our website;
        • by telephone, using the telephone number published on our website; or
        • by e-mail, using the e-mail address published on our website.
22. Recognition

22.1

This document was created through a template from SEQ Legal (http://www.seqlegal.com).