Legal warning

I.     LEGAL INFORMATION AND ACCEPTANCE   
 

In compliance with article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the identifying data of the company are presented below. This Internet Portal is placed at the service of Users by the entity, whose identifying data are:

 

Company Name: MOSH GROUP

N.I.F: B-93.587.566

Registered office: Urb. Villa Parra Palomeras, 67 

CP: 29602 Marbella (Malága)

Email: info@grupomosh.com

 

This Legal Notice includes the general conditions that govern the access and use of this website, hereinafter "the website". The use of the website implies the express and full acceptance of these general conditions in the version published at the time the User accesses it, without prejudice to the particular conditions that may apply to some of the specific services of the website.

 

Access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the Users. Certain services are exclusive to our clients and their access is restricted.

 

The use of the Portal attributes the condition of User of the Portal (hereinafter, the 'User') and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a limited duration at the moment in which the User is connected to the portal or to any of the services that are provided through it. Therefore, the User must carefully read this Legal Notice on each of the occasions in which he intends to use the Portal, since it and its conditions of use contained in this Legal Notice may be modified.

 

 

Some Portal services accessible to Internet users or exclusive to GRUPO MOSH customers may be subject to particular conditions, regulations and instructions that, where appropriate, replace, complete and/or modify this Legal Notice and that must be accepted. by the user before the provision of the corresponding service begins.

 

II.        INTELLECTUAL PROPERTY (COPYRIGHTS; TRADEMARKS, PATENTS ETC.)

All rights, title and interest in and to any content of this Website, including images, graphics, text, audio and videos, any other proprietary information, the “look and feel” of each page, and all other elements of this Website that may be protected by copyright, patent or otherwise by law, equity, usage of trade and similar (“Website Materials”) is the exclusive property of Owner, its successors and assigns and/or its licensors.  The compilation of all content included in or made available through this Website is the exclusive property of GRUPO MOSH and protected by U.S. and/or international laws.  The trademarks, names, brand names, logos and service marks (collectively “Trademarks”) displayed on this Website are the registered or unregistered trademarks of the Owner, its successors and assigns or its licensors.  Nothing contained on this Website should be construed as granting any license or right to use any Trademark or Website Materials without the prior written permission of the Owner.

Furthermore, marks, logos, graphics headers, banners, icons, scripts, and names included in or made available through this Website are registered or unregistered brands, trademarks and/or trade dresses of GRUPO MOSH in the U.S. and/or other jurisdictions and protected by U.S. and/or international laws.  GRUPO MOSH’s trademarks and trade dress may not be used in connection with any product or service that is not GRUPO MOSH’s, in any manner that is likely to cause confusion among consumers, or in any manner that may discredit, harm the reputation of, or otherwise disparage GRUPO MOSH and/or its affiliates and their respective products and/or services.

 

III.        WEBSITE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS

This Website is made available on an “AS IS” and “AS AVAILABLE” basis.  The Owner makes no representations and/or warranties, express or implied, including implied warranties of merchantability and/or fitness for a particular purpose, title and non-infringement regarding this Website and/or the Website Materials contained in this Website. Without limiting the generality of the foregoing, Owner makes no representations and/or warranties as to any of the following: (a) that access to this Website will be secure, free of malicious code, including viruses, cancelbots, trojan horses, malware and/or spyware in general and/or other potentially harmful software programs, materials and/or information (collectively “Malware”); (b) that this Website is free from defects and/or errors and that access to this Website will suffer no interruptions, outages etc.; and/or (c) that such errors and/or defects will be corrected.  It being understood and agreed that in using this Website, you agreed to using this Website at your own risk.

 

IV.        EXTERNAL LINKS

This Website may include one or more links to external websites (each an “External Site”) which have no connection with this Website or the Owner.  A link to an External Site is provided solely for your convenience.  The inclusion of any External Site does not imply that Owner has checked, approved or otherwise endorsed any such External Site, its content or any products or services which may be offered at any such External Sites, it being understood and agreed that External Sites are beyond the control of the Owner, and the Owner is not responsible for the contents of any External Site or any link contained in an External Site, or any changes or updates to such sites.  The Owner shall not be liable for any damage, loss, expense and/or claim arising out of or in connection with your use of any External Site.  Use of any External Site is at your own risk.  No hypertext links to this Website shall be created from any website controlled by you or otherwise without the express prior written permission of the Owner.

 

V.        COOKIES AND ACCESS LOG

The technologies used by this Website to collect usage information, including device identifiers, include cookies (i.e., data files placed on a computer, tablet or other electronic device used to visit this Website).  We may place cookies or similar files on your device (e.g., laptop, desktop, smartphone etc.) to facilitate your use of this Website or for security purposes when you visit this Website.  We may also elect to keep access logs of users accessing this Website for statistical purposes only.

 

VI.        USE OF THIRD-PARTY SERVICES

When you use this Website, you may also be using the services of one or more third parties.  Your use of any third-party services may be subject to the separate policies, terms of use and/or charges and fees of such third parties.

 

VII.        PRIVACY POLICY

Please review our Privacy Policy by clicking here: https://www.cipriani.com/us/privacy-policy

 

VIII.        ELECTRONIC COMMUNICATIONS

When you use this Website, or send e-mails, text messages and other communications from your desktop or mobile device to us, you may be communicating with us electronically.  You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices or notices and messages on this Website, and you can retain copies of these communications for your records.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

IX.        PROHIBITED ACTIVITIES AND/OR USE OF THIS WEBSITE

This Website is for your personal use and non-commercial use only, and for no other purposes.  The following are strictly prohibited (each a “Prohibited Activity”):

  1. publishing, posting, distributing or disseminating any information, comments, statements or other material that is defamatory, disparaging, obscene, vulgar, pornographic, indecent, threatening, inflammatory, sexually explicit or sexually suggestive, offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive to any entity, organization (including, without limitation, the Owner), person, because of race, religion, national origin, ethnicity, gender, sexual orientation or for any other reason;
  2. the reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcasting or circulation to any third person (including on or via a third person website) or other use of any Website Materials without the express prior written consent of the Owner or its creator if the Owner is not the owner;
  3. using of any Trademarks or any modification of the Website Materials or use of the Website Materials for any other purpose other than as authorized in these Terms of Use (unless separately authorized by the Owner in writing on each occasion thereof);
  4. using of any Trademark or Website Materials on any other website or computer network without the Owner’s prior written consent;
  5. impersonating or appearing to impersonate any other person;
  6. spreading or otherwise disseminating Malware of any kind, corrupted files or any other similar software or programs that may damage the operation of the Owner’s or a third person’s computer system or network;
  7. sending or causing the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
  8. hacking of any kind;
  9. submitting content containing business, commercial, advertising, marketing or promotional material or information which is intended to solicit business or offer goods or services, whether through linking with any other website or web pages or otherwise;
  10. gaining or seeking to gain access to the Website or location on the Website which is not authorized by these Terms of Use, including access to other users’ accounts, names, passwords, personally identifiable information and access to other computers, websites or pages, connected or linked to the Website;
  11. engaging in or encouraging conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
  12. modifying, disrupting, impairing, altering or interfering with the use, features, functions, appearance, “look & feel”, operation or maintenance of this Website;
  13. violating any laws, regulations, judicial or governmental order, any treaties or violating or infringing upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person or use this Website in any manner which violates or is inconsistent with these Terms of Use; and
  14. the reverse engineering, decompiling or disassembling, tampering with, or bypassing any element of this Website, whether in whole or in part.

It being understood and agreed that the Owner reserves the right to remove any material or information constituting a Prohibited Activity submitted or posted by you on this Website without notice to you, if the Owner determines, in its sole and discretion, that you have posted or otherwise transmitted prohibited or questionable materials or may do so.

 

X.        PROHIBITED USE OF THE WEBSITE: INDEMNIFICATION

You hereby agree to indemnify the Owner against any and all losses (whether direct, indirect or consequential), liabilities, obligations, damages, personal injuries, judgments, payments in settlement, awards, interest, penalties, fines, costs, expenses and expert witness and attorneys’ fees (collectively “Losses”) which the Owner or any third person incurs in connection with any claim, demand, complaint, cause of action, action, suit, arbitration, judgment, settlement, grievance, proceeding, ruling, order, charge or investigation of any kind or nature (collectively “Claims”) which is directly or indirectly caused by or attributable to any Prohibited Activity by you.

XI.        PUBLIC FORUMS AND USER SUBMISSIONS

This Website may contain sections which allow the public to post or transmit materials, comments, messages or information, including bulletin boards, hosted pages, comment sections or chat rooms (“Public Forums”).  The Owner is not responsible for any material which you may submit to or otherwise upload on a Public Forum.  The Owner takes not responsibility for any material in a Public Forum, whether submitted by you or any other user and the Owner has not endorsed, reviewed or otherwise approved any such material.  Without limiting the generality of the foregoing, the Owner reserves the right to monitor, review or delete any postings, messages and other transmissions on a Public Forum and/or exclude any users, it being understood and agreed that the Owner is under no obligation to do so.

XII.        INTELLECTUAL PROPERTY INFRINGEMENT: NOTICE AND PROCEDURE FOR FILING CLAIMS

If you believe that your intellectual property rights have been infringed, please submit your complaint by writing to: privacy@cipriani.com explaining, with specificity, the nature of the infringement and why you believe that your intellectual property rights have been infringed.  This procedure may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We will use our commercially reasonable efforts to address your complaints expeditiously and, if appropriate, terminate repeat infringers when appropriate.

 

XIII.        RISK OF LOSS

The risk of loss for any product(s) purchased on this Website passes to you upon our delivery of the purchased product(s) to the carrier/freight forwarded/courier.