1. INTRODUCTION AND INFORMATION ON THE COMPANY
Merlin’s company name is MERLIN Properties SOCIMI, S.A.; its registered office is at Paseo de la Castellana 257, planta 3, 28046, Madrid; its Tax Identification Number (CIF) is A-86977790. Merlin is registered in the Mercantile Registry of Madrid, Madrid, Page 123, Volume 34405, Sheet M-577086.
To contact Merlin directly and effectively regarding technical issues, you can send an email to email@example.com.
2. PURPOSE AND SCOPE
2.1. The Web Site has been provided by Merlin to allow interested individuals who so desire to access in a secure manner, through the internet, the content provided on the aforementioned Website.
In this regard, User will mean a person who accesses, navigates, uses, or participates in the free or paid services and activities carried out on the Website.
2.3. The purpose of this Legal Notice is to regulate the access to, navigation on, and use of the Website. However, Merlin may establish specific terms, beyond the Legal Notice, governing the use, booking, and/or contracting of specific products or services offered to Users through the Website.
3.1. User’s access to the Website is free of charge.
However, when services and/or content offered by Merlin or third parties are provided through the Website, and these services and/or content are subject to prior booking and/or contracting and the payment of a sum of money, these will be subject to the relevant Specific Terms. These Specific Terms will be made available to the User in advance, and will be clear and easily accessible.
3.2. Access to the Website by minors is prohibited unless they have express, prior authorisation from their parents, guardians, or legal representatives, who will be considered liable for the acts carried out by minors in their care, in accordance with existing law. In any event, it will be presumed that minors who access the Website do so with express, prior authorisation from their parents, guardians, or legal representatives.
3.3. Access to, and navigation on, the Website do not require any registration. However, if the User requests information through the website, this must be done after registering with the “Contact Form” on this Website, where the User will enter her or his email address and message.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1. Merlin owns or has obtained the relevant licence for the rights to use the intellectual and industrial property of the Website, as well as intellectual and industrial property rights to the content, services, and products available through the Website.
The User’s access to and navigation on the Website or the User’s acquisition of Merlin products offered on the Website will under no circumstances be considered to imply a waiver, transfer, licence, or total or partial assignment of these rights by X.
4.2. Therefore, the deletion, evasion, or manipulation of the following is prohibited: the copyright notice; any other information identifying the rights of Merlin or its owners over the Content and products; technical protection devices; digital fingerprints; watermarks; or any information and/or identification mechanisms that may be contained in the above.
4.3. All intellectual and industrial property rights are reserved. Specifically, the following is forbidden: modifying, copying, reusing, exploiting, reproducing, transforming, publicly communicating, publishing a second or subsequent time, uploading files of, sending by mail, transmitting, using, processing, or distributing in any way all or part of the Content and products included in the Website for public or business purposes, without express written authorisation from Merlin or, if applicable, the owner of the relevant rights.
5. USE OF THE WEBSITE
Moreover, the User expressly agrees not to destroy, alter, disable, or in any other way damage the data, programs, or electronic documents and other materials on the Merlin Website.
The User agrees not to block other Users’ access to the service through mass use of the computer resources deployed by Merlin to provide the service, or to carry out any actions that damage, interrupt, or cause errors in these systems.
The User agrees not to introduce programs, viruses, macros, applets, ActiveX controls, or any other logical device or character sequence that may cause or that are capable of causing any kind of disruption of the computer systems of Merlin or third parties.
5.2 The access to, navigation on, and use of the Website is the responsibility of the User. Thus, the User agrees to diligently and faithfully comply with any additional instructions given by Merlin or by Merlin’s authorised personnel regarding the use of the Website and its Content and products.
5.3. The content included in the Website is provided to persons browsing the Website; to persons who request information through the Contact Form; and to persons who are interested in the content and products offered by Merlin. Any unauthorised commercial use of the content is prohibited without express, prior, written authorisation from Merlin.
5.4. Therefore, the User agrees to use the content in a diligent, correct, and lawful manner. In particular, the User agrees to refrain from:
Using the content for purposes or with effects that are contrary to law, morals, generally accepted social norms, or public security.
Reproducing, copying, distributing, allowing public access through any form of public communication, transforming, or modifying the content, unless the action is allowed by law or authorisation has been given by the owner of the relevant rights.
Using the content and, in particular, information of any kind obtained through the Website or the services in order to: send advertising; send communications for the purpose of direct sales or any other kind of commercial purposes; send unsolicited messages to multiple persons without regard for the purpose of the message; or sell or disclose this information in any way.
If the User is aware of the existence of any unlawful or illegal content or content that could imply a infringement of intellectual and/or industrial property rights, the User will immediately notify Merlin so that it can proceed to take the appropriate Measures.
6. LICENCE TO COMMUNICATIONS
6.1. In the event that the User sends information of any kind to Merlin through the Website, through the channels provided on the Website for that purpose, the User represents, warrants, and accepts the following: that he or she has the right to do so freely; that the information does not infringe any intellectual property rights, trademarks, patents, trade secrets, or any other third party right; that the information is not confidential; and that the information is not harmful to third parties.
6.2. The User acknowledges that he or she accepts liability for and will hold Merlin harmless for any communication provided personally by the User or on his or her behalf. This unrestricted liability will cover the accuracy, legality, originality, and ownership of these communications.
7. LIABILITY AND GUARANTEES
7.1. Merlin does not guarantee and is not liable for: (i) the continuity of the content of the Website; (ii) the absence of errors in the content or products; (iii) the absence of viruses and/or other harmful elements on the Website or on the server that delivers it; (iv) the invulnerability of the Website and/or the impregnability of the security measures implemented on it; (v) any lack of usefulness or performance of the Website content and products; (vi) any harm or loss caused, to him or herself or to a third party, by any person who violates the terms, rules, and instructions established by Merlin on the Website or who violates the Website security systems.
Nevertheless, Merlin represents that it has taken all necessary measures, within the limits of its capabilities and the current state of technology, to ensure the operation of the Website and to avoid the existence and transmission of viruses and other elements that are harmful to Users.
7.2. When third parties advertise their services or products on the Website, Merlin will not be liable for the following: the accuracy of the information given by the provider regarding these services or products; the handling and delivery of orders to Users; any administrative permits that the provider may be required to obtain in order to provide its services; the provider’s violation of the rights of third parties; and, in general, any obligation or guarantee that Users may be entitled to receive from the provider.
8.1 Links to other websites
If the User finds links to other websites through different buttons, links, banners, etc. through the Website, these would be managed by third parties. Merlin does not have the capacity or the human or technical means to be familiar with, supervise, or approve all information, content, products, or services provided by other websites to which links may be placed on the Website.
Consequently, Merlin cannot accept any liability for any aspect involving a website to which a link may be placed on the Website. This specifically includes but is not limited to the following: the website’s operation, access, data, information, and files; the quality and reliability of its products and services; its own links; and/or any of its content, in general.
In this regard, if Users have actual knowledge of the unlawfulness of activities carried out through these third-party websites, the Users will immediately notify Merlin so that the link to the website can be removed.
The placement of any kind of link from the Website to another website does not imply that there is any kind of relationship, cooperation, or dependence between Merlin and the person responsible for the external website.
8.2 Links to the Website on other websites
If any User, entity, or Website wishes to place any kind of link to the Website, it must comply with the following requirements:
The link may only be directed to the Website’s Home Page, unless expressly authorised in writing by Merlin.
The link must be absolute and complete. That means it must lead the User, with one click, to the Website’s URL, and it must lead to the Website’s full Home Page. Unless expressly authorised in writing by Merlin, the Website placing the link may in no case reproduce the Website in any way, include it as part of its website or within one of its “frames”, or create a “browser” on any of the pages of the Website.
The website that places the link may not declare in any way that Merlin has authorised the link, unless Merlin has done so expressly and in writing. If the entity placing the link from its website to the Website wishes to correctly include on its website Merlin’s brand, company name, trade name, sign, logo, slogan, or any other kind of element identifying Merlin and/or the Website, it will receive prior, express, written authorisation.
Merlin does not authorise the placement of a link to the Website from websites containing materials, information, or content that are unlawful, illegal, degrading, obscene, and in general, that are contrary to morality, public security, or generally accepted social norms.
Merlin does not have the capacity or the human or technical means to be familiar with, supervise, or approve all information, content, products, or services provided by other websites that may have links to the Website. Merlin does not accept any liability for any aspect involving a website that places a link to the Website. This specifically includes but is not limited to the following: the website’s operation, access, data, information, and files; the quality and reliability of its products and services; its own links; and/or any of its content, in general.
9. TERM AND AMENDMENTS
9.1. Merlin may amend these terms and conditions, in whole or in part, by publishing any change in the same way in which this Legal Notice is published, or using any kind of communication directed to the Users.
9.2. The term of this Legal Notice is the same, therefore, as the period during which it is visible, until it is fully or partially amended, at which time the amended Legal Notice will take effect.
9.3. Regardless of the provisions of the specific terms, Merlin may terminate or suspend access to the Website content at any time and without prior notice; the User may not claim any damages if this occurs. After the aforementioned termination, the prohibitions against use of the content set out above will remain in force.
10. GENERAL TERMS
10.1. The headings of the clauses are only informative, and will not affect, qualify, or expand the interpretation of the Legal Notice.
10.2. In the event of any discrepancy between the provisions of this Legal Notice and the specific terms for each specific service, the provisions of the latter will prevail.
10.3. In the event that any provision or provisions of this Legal Notice is held to be null and void or unenforceable, in whole or in part, by any Court or administrative body of competent jurisdiction, this nullity or unenforceability will not affect the other provisions of the Legal Notice.
10.4. Merlin’s exercise or failure to exercise any right or provision contained in this Legal Notice will not constitute a waiver thereof, unless Merlin acknowledges and agrees to this in writing.
The relationship established between Merlin and the User will be governed by the provisions of existing law with respect to applicable law and jurisdiction. However, in cases in which existing law provides the possibility that the parties may choose a jurisdiction, Merlin and the User expressly waive any other jurisdiction that may apply, and will submit any disputes and/or claims to the jurisdiction of the Courts of the city of Madrid.