Legal Notice.
INFORMATION SOCIETY SERVICES LAW (LSSI)
JAMES MALONE FABRICS S.L., responsible for the website, hereinafter referred to as the RESPONSIBLE PARTY, makes this document available to users, aiming to comply with the obligations established in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all users of the website about the terms and conditions of use.
Any person who accesses this website assumes the role of user, committing to the strict observance and compliance with the provisions set forth herein, as well as with any other applicable legal provisions.
JAMES MALONE FABRICS S.L. reserves the right to modify any type of information that may appear on the website, without the obligation to give prior notice or inform users of such modifications, understanding that it is sufficient to publish them on the JAMES MALONE FABRICS S.L. website.
1. Contact.
Company name: JAMES MALONE FABRICS S.L.
Trade name: James Malone Fabrics
e-mail: hola@jamesmalonefabrics.com
C.I.F. B29094604
2. Purpose.
Through the Website, we offer Users the possibility to access information about our services.
3. Privacy and Data Processing.
When it is necessary to provide personal data to access certain content or services, Users will guarantee the truthfulness, accuracy, authenticity, and validity of such data. The company will process these data automatically as appropriate, depending on their nature or purpose, in accordance with the terms indicated in the Privacy Policy section.
4. Industrial and Intellectual Property.
The User acknowledges and agrees that all content displayed on the Website, including but not limited to designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights. All trademarks, trade names, or distinctive signs, and all industrial and intellectual property rights related to the content and/or any other elements inserted in the webpage, are the exclusive property of the company and/or third parties who have the exclusive right to use them in economic activities.
Therefore, the User commits not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such content, and to hold the company harmless from any claims arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transfer, license, or total or partial assignment of said rights unless expressly stated otherwise.
These General Terms of Use of the Website do not grant Users any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its Content beyond what is expressly provided herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted by the company or the third party holding the affected rights.
The content, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyright under intellectual property law. The company holds the rights to the elements that make up the graphic design of the Website, including menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website, or in any case, has the corresponding authorization for the use of such elements.
The content provided on the Website may not be reproduced, in whole or in part, transmitted, or stored by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the aforementioned Entity.
Likewise, it is prohibited to remove, bypass, and/or manipulate the “copyright” as well as any technical protection devices or information mechanisms that may be contained in the content. The User of this Website agrees to respect the aforementioned rights and to avoid any actions that could harm them. In any case, the company reserves the right to take any legal measures or actions necessary to defend its legitimate intellectual and industrial property rights.
5. Obligations and Responsibilities of the Website User.
The User agrees to:
Make appropriate and lawful use of the Website, as well as its content and services, in accordance with: (i) the applicable legislation at any given time; (ii) the General Terms of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order.
Provide all the necessary technical means and requirements to access the Website.
Provide truthful information when filling out personal data in the forms contained on the Website and keep it updated at all times so that it reflects the User’s real situation. The User will be solely responsible for any false or inaccurate statements made and for any damages caused to the company or third parties by the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
Making unauthorized or fraudulent use of the Website and/or its content for unlawful purposes or effects, prohibited by these General Terms of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate, or impede the normal use of services, documents, files, and all types of content stored on any computer equipment.
Accessing or attempting to access restricted areas or resources of the Website without meeting the required conditions for such access.
Causing damage to the physical or logical systems of the Website, its providers, or third parties.
Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its providers, or third parties.
Attempting to access, use, and/or manipulate the company’s data, third-party providers, and other Users.
Reproducing, copying, distributing, making content publicly accessible through any form of public communication, transforming, or modifying the content, unless authorized by the holder of the corresponding rights or legally permitted.
Removing, hiding, or manipulating notices regarding intellectual or industrial property rights and other identifying data related to the company’s or third parties’ rights embedded in the content, as well as technical protection devices or any information mechanisms that may be included in the content.
Obtaining or attempting to obtain the content using means or procedures other than those that have been made available for this purpose or that have been expressly indicated on the web pages where the content is located, or, in general, those commonly used on the Internet that do not pose a risk of damage or disablement of the Website and/or the content.
In particular, and by way of example and not exhaustively, the User agrees not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that:
- In any way contravenes, undermines, or infringes upon the fundamental rights and public freedoms recognized constitutionally, in International Treaties, and in the rest of the applicable laws.
- Induces, incites, or promotes criminal, defamatory, violent actions or, in general, actions contrary to the law, morals, generally accepted good customs, or public order.
Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on gender, race, religion, beliefs, age, or condition. - Includes, makes available, or provides access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals, generally accepted good customs, or public order.
Induces or may induce an unacceptable state of anxiety or fear. - Induces or incites involvement in dangerous, risky, or harmful practices for health and mental well-being.
- Is protected by intellectual or industrial property laws belonging to the company or third parties without authorization for the intended use.
- Is contrary to the honor, personal and family privacy, or the personal image of individuals.
- Constitutes any form of advertising.
- Includes any type of virus or program that disrupts the normal functioning of the Website.
If a password is provided to access some of the services and/or content of the Website, you are obligated to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, agreeing not to share it with third parties, either temporarily or permanently, nor to allow access to the mentioned services and/or content by unauthorized persons. Likewise, you agree to notify the company of any incident that could result in the improper use of your password, such as theft, loss, or unauthorized access, so that it can be immediately canceled.
Until such notification is made, the company will be exempt from any liability arising from the improper use of your password, and you will be responsible for any illegal use of the Website’s content and/or services by any unauthorized third party. If, through negligence or willful misconduct, you fail to comply with any of the obligations set forth in these General Terms of Use, you will be liable for all damages and losses that may result from such non-compliance for the company.
6. Responsibilities.
Continuous access, proper viewing, downloading, or utility of the elements and information contained on the website is not guaranteed, as they may be hindered, complicated, or interrupted by factors or circumstances beyond its control. The company is not responsible for decisions that may be made as a result of accessing the content or information offered.
The service may be interrupted, or the relationship with the User terminated immediately, if it is detected that the Website, or any of the services offered on it, is being used contrary to these General Terms of Use. We are not responsible for damages, losses, claims, or expenses arising from the use of the Website.
We will only be responsible for removing, as soon as possible, any content that may cause such harm, provided we are notified. In particular, we are not liable for damages that may arise from, among others:
Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the functioning of the electronic system, caused by deficiencies, overloads, and errors in telecommunications lines and networks, or by any other cause beyond the company’s control.
Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or others.
Improper or inappropriate use of the Website.
Security or navigation errors caused by browser malfunction or the use of outdated browser versions. The website administrator reserves the right to remove, in whole or in part, any content or information present on the Website.
The company excludes any liability for damages of any kind that may arise from the misuse of the freely available services by Website Users. Furthermore, it is exempt from any liability for the content and information that may be received as a result of data collection forms, as these are intended solely for providing inquiry and question services. Additionally, in the event of damage caused by unlawful or improper use of such services, the User may be held liable for the damages caused.
You will hold the company harmless from any damages arising from claims, actions, or demands by third parties as a result of your access to or use of the Website. Likewise, you agree to indemnify for any damages arising from your use of “robots,” “spiders,” “crawlers,” or similar tools used to gather or extract data, or any other action by you that imposes an unreasonable burden on the operation of the Website.
7. Hyperlinks.
The User agrees not to reproduce the Website or any of its content in any way, including through a hyperlink or hypertext link, without the express written authorization of the data controller.
The Website may include links to other websites managed by third parties, in order to facilitate User access to information from partner and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it act as a guarantor or offeror of the services and/or information that may be provided to third parties through third-party links.
The User is granted a limited, revocable, and non-exclusive right to create links to the homepage of the Website exclusively for private, non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship or claim that such a link is authorized, nor include trademarks, names, trade names, logos, or other distinctive signs of our company; (ii) may not include content that could be considered distasteful, obscene, offensive, controversial, incite violence or discrimination based on gender, race, or religion, or be contrary to public order or unlawful; (iii) may not link to any page of the Website other than the homepage; (iv) must link to the Website’s address itself, without allowing the linking website to reproduce the Website as part of its own site, within one of its “frames,” or create a “browser” over any of the pages of the Website. The company may request, at any time, the removal of any link to the Website, after which the link must be removed immediately.
The company cannot control the information, content, products, or services provided by other websites that have established links to the Website.
8. Data Protection.
To use some of the Services, the User must first provide certain personal data. The company will process these data automatically and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User can access the policy regarding the processing of personal data, as well as the purposes previously established, under the conditions defined in the Privacy Policy.
9. Cookies.
The company reserves the right to use “cookie” technology on the Website in order to recognize you as a frequent User and personalize your use of the Website by pre-selecting your preferred language or more desired or specific content.
Cookies collect the User’s IP address, with Google being responsible for processing this information.
Cookies are files sent to a browser by a Web server to record the User’s navigation on the Website, provided that the User allows their reception. If you wish, you can configure your browser to be notified on the screen when cookies are received and to prevent the installation of cookies on your hard drive. Please refer to your browser’s instructions and manuals for more information on this.
Thanks to cookies, it is possible to recognize the browser of the User’s computer in order to facilitate content, offer navigation or advertising preferences tailored to the User, according to the demographic profiles of Users, as well as to measure visits and traffic parameters, monitor progress, and track the number of entries.
10. Declarations and Warranties.
In general, the content and services offered on the Website are for informational purposes only. Therefore, by offering them, no warranties or representations are made regarding the content and services offered on the Website, including but not limited to, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such declarations and warranties cannot be excluded by law.
11. Force Majeure.
The company will not be held liable in any case of inability to provide service if it is due to prolonged interruptions in the electricity supply, telecommunications lines, social conflicts, strikes, rebellions, explosions, floods, acts and omissions of the Government, and, in general, all cases of force majeure or unforeseen events.
12. Dispute Resolution. Applicable Law and Jurisdiction.
These General Terms of Use, as well as the use of the Website, will be governed by Spanish law. For the resolution of any dispute, the parties will submit to the Courts and Tribunals of the registered office of the Website’s Responsible Party.
In the event that any provision of these General Terms of Use becomes unenforceable or void under applicable law or as a result of a judicial or administrative ruling, such unenforceability or invalidity will not render the entirety of these General Terms of Use unenforceable or void. In such cases, the company will proceed to modify or replace the provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intent reflected in the original provision.