El Paname website (hereinafter, the “Website”) is the property of SHIRAZ LOUNGE SL (hereinafter, “El Paname”), with registered office at: Puerto Deportivo Virgen del Carmen, Local 15, 29602 Marbella, Málaga
El Paname
welcomes you and invites you to read carefully the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) which describe the terms and conditions that will be applicable to your browsing of the same, in accordance with the provisions of the applicable Spanish regulations. Given that El Paname may modify these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.
In order to ensure that the use of the Website complies with the criteria of transparency, clarity and simplicity, El Paname informs the User that any suggestions, doubts or queries regarding the General Conditions of Use will be received and resolved by contacting El Paname by email: info@elpaname.com
- Object
El Paname provides the content and services that are available on the Website, subject to these General Conditions of Use, as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any form gives you the status of “User” and implies unreserved acceptance of each and every one of these General Conditions of Use, and El Paname reserves the right to modify them at any time. Consequently, it is the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Website, so that if they do not agree with any of the provisions herein, they should refrain from using this Website.
Likewise, you are hereby warned that, on occasions, special conditions may be established for the use of specific contents and/or services on the Website, and the use of said contents or services implies the acceptance of the special conditions specified therein.
- Services
Through the Website, El Paname offers Users the possibility of accessing: Information about El Paname, its contact details, its products and services, its rates, its commercial offers, its location – A contact section to make queries by providing their personal data – Links to access social networks (hereinafter the “Services”).
- Privacy and Data Processing
When it is necessary to provide personal data in order to access certain content or services, Users shall guarantee their truthfulness, accuracy, authenticity and validity. El Paname will give such data the corresponding automated treatment according to their nature or purpose, in the terms indicated in the Privacy Policy section.
- Industrial and Intellectual Property
The User acknowledges and accepts that all content displayed on the Website and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted on the page, which are the exclusive property of El Paname and/or third parties, who have the exclusive right to use them in the course of trade. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding EL Paname harmless from any claim arising from the breach of such obligations.
Under no circumstances does access to the Website imply any kind of waiver, transmission, license or total or partial transfer of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for this purpose by El Paname or the third party owner of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation on this site, as well as the site itself as a multimedia artistic work, are protected as copyright by intellectual property legislation. El Paname is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorisation for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity.
It is also forbidden to remove, evade and/or manipulate the copyright as well as the technical protection devices or any information mechanisms that may be contained in the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could damage them, and in any case El Paname reserves the right to exercise any legal means or actions that may correspond to it in defense of its legitimate intellectual and industrial property rights.
- Obligations and Responsibilities of the Website User
The User undertakes to:
To make appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order.
To provide all the technical means and requirements necessary to access the Website.
To provide truthful information when filling in the forms contained on the Website with their personal data and to keep them updated at all times so that they correspond, at all times, to the User’s real situation. The User shall be solely responsible for any false or inaccurate statements made and the damages caused to El Paname or third parties for the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
1. a) Making unauthorised or fraudulent use of the Website and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the services or the documents, files and all types of contents stored in any computer equipment.
2. b) Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.
3. c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
4. d) Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of El Paname, its suppliers or third parties.
5. e) Attempting to access, use and/or manipulate the data of El Paname, third party suppliers and other Users.
6. f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorisation of the owner of the corresponding rights or it is legally permitted.
7. g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of El Paname or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the contents.
8. h) Obtain and attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are located or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
9. i) In particular, and by way of example only and without limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
(i) In any way that is contrary to, undermines or infringes fundamental rights and public freedoms recognised in the Constitution, in international treaties and in the rest of the legislation in force.
(ii) Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
(iv) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order.
(v) Induces or is likely to induce an unacceptable state of anxiety or fear.
(vi) Induces or incites to engage in practices that are dangerous, hazardous or harmful to health and mental equilibrium.
(vii) Is protected by intellectual or industrial protection legislation belonging to El Paname or third parties without having been authorized for the intended use.
(viii) Is contrary to the honor, personal and family privacy or self-image of individuals.
(ix) Constitutes any type of advertising.
(x) Includes any type of virus or programme that prevents the normal operation of the Website.
If you are provided with a password to access any of the services and/or contents of the Website, you undertake to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or contents by outsiders. Likewise, he/she undertakes to notify El Paname of any event that may involve the improper use of his/her password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation.
Consequently, until the above notification is made, El Paname shall be exempt from any liability that may arise from the improper use of your password, and shall be responsible for any illegal use of the contents and/or services of the Website by any illegitimate third party.
If you negligently or wilfully fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise for El Paname as a result of such non-compliance.
- Responsibilities
El Paname does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the pages of the website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.
El Paname is not responsible for any decisions that may be taken as a result of access to the content or information offered.
El Paname may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or any of the services offered on it are contrary to these General Conditions of Use. EL Paname shall not be liable for any damages, losses, claims or expenses arising from the use of the Website. It shall only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that this is notified. In particular, it shall not be liable for damages that may arise, among others, from:
(i) interferences, interruptions, faults, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond the control of El Paname.
(ii) unlawful interference through the use of malware of any kind and through any means of communication, such as computer viruses or any other.
(iii) improper or inappropriate abuse of the Website.
(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of El Paname reserve the right to withdraw, in whole or in part, any content or information on the Website.
El Paname excludes any liability for damages of any kind that may be due to the misuse of the services freely available and use by users of the Website. Likewise, El Paname is exonerated from any liability for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation services and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of said services, the User may be claimed by El Paname for the damages caused.
You will defend, indemnify and hold El Paname harmless against any damages arising from claims, actions or demands from third parties as a result of your access or use of the Website. You also agree to indemnify El Paname against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
- Hyperlinks
The User undertakes not to reproduce in any way, even by means of a hyperlink or hyperlink, the El Paname Website, or any of its contents, unless expressly authorized in writing by El Paname
The El Paname Website includes links to other websites managed by third parties, in order to facilitate the User’s access to the information of El Paname collaborators and/or sponsors. Accordingly, El Paname is not responsible for the content of such websites, nor is it in a position of guarantor and/or provider of the services and/or information that may be offered 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 imply that El Paname recommends that website or its services or products; (ii) may not misrepresent its relationship with El Paname or claim that El Paname has authorized such a link, or include trademarks, trade names, trade names, logos or other distinctive signs of El Paname; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the home page; (v) must link to the Website address itself, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. El Paname may request, at any time, to remove any link to the Website, after which it must immediately proceed to its removal. El Paname cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, El Paname assumes no responsibility whatsoever for any aspect relating to such websites.
- Data protection
To use some of the Services, Users must first provide certain personal data. For this purpose, El Paname will automatically process the Personal Data in compliance with Law 15/1999 of 13 December on the Protection of Personal Data and the RD of development 1720/2007. To this end, the User can access the policy followed in the processing of personal data as well as the establishment of the purposes previously established, as set out in the conditions defined in the Privacy Policy presented on the Website.
- Cookies
El Paname reserves the right to use “cookie” technology on the Website, in order to recognise you as a frequent User and to personalize your use of the Website by pre-selecting your language, or more desired or specific content. The “cookies” used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his or her computer, and do not in themselves provide the user’s personal data.
Cookies are files sent to a browser by a Web server to record the User’s browsing on the Website, when the User allows them to be received. You can delete cookies by consulting your browser’s instructions for use.
Thanks to cookies, it is possible that El Paname recognizes the browser of the computer used by the user in order to provide content and display your browsing preferences and advertising, as well as recognize their demographic profiles to measure visits and traffic parameters, monitor progress and number of entries.
- Duration and termination
The provision of the service of this Website and the other services have in principle an indefinite duration. However, El Paname may terminate or suspend any of the services of the portal. Whenever possible, El Paname will announce the termination or suspension of the provision of a particular service.
- Representations and Warranties
In general, the contents and services offered on the Website are for information purposes only. Therefore, by offering them, El Paname makes no warranty or representation 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 representations and warranties cannot be excluded by law.
- Force majeure
El Paname shall not be liable in the event of impossibility to provide service, if this is due to prolonged interruptions of electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or acts of God.
- Dispute resolution. Applicable law and jurisdiction
These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. Any dispute shall be resolved before the courts of Malaga. In the event that any provision of these General Conditions of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, El Paname will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original stipulation.