Luna Pesca, responsible for the website (hereinafter, the “RESPONSIBLE”), makes this document available to users in order to comply with the obligations set forth 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 its terms of use.

Anyone accessing this website assumes the role of user, agreeing to the strict observance and compliance with the provisions set forth herein, as well as any other applicable legal provisions.

Luna Pesca reserves the right to modify any type of information that may appear on the website, without any obligation to forewarn or inform users of such modifications, with publication on the Luna Pesca website being deemed sufficient.

Identification Details

• Company name (business name): Luna Pesca
• Trade name: Luna Pesca
• Location: Pantalán 2, Berth 161 Puerto Banús, Marbella 29660 – Málaga
• E-mail: info@lunapesca.com

Purpose

Through this website (the “Site”), we offer users the opportunity to access information about our services.

Privacy and Data Processing

Whenever it is necessary to provide personal data in order to access certain content or services, Users guarantee the truthfulness, accuracy, authenticity, and validity of the data provided. The Company will process such data automatically in accordance with its nature or purpose, as indicated in the Privacy Policy section.

Industrial and Intellectual Property

The User acknowledges and agrees that all content displayed on the Website—especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other items that can be used for industrial and/or commercial purposes—are subject to Intellectual Property rights. All trademarks, trade names, or distinctive signs, along with any Industrial and Intellectual Property rights over the content and/or any other elements incorporated in the page, are the exclusive property of the Company and/or third parties, who hold the exclusive right to use them in the economic arena. Therefore, the User undertakes not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such content, keeping the Company harmless from any claim arising from the breach of these obligations.

Under no circumstances does access to the Website imply any form of waiver, transfer, license, or total or partial assignment of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right to use, exploit, reproduce, distribute, or publicly communicate the Website and/or its contents different from those expressly stated herein. Any other use or exploitation of any rights will be subject to prior and explicit authorization granted specifically for that purpose by the Company or the third-party owner of the affected rights.

All content, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing on the Website, as well as the Website itself considered as a multimedia artistic work, are protected by Intellectual Property laws. The Company is the owner of the graphic design elements of the Website—menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website—or, in any case, has the corresponding authorization to use such elements. The content on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any medium, unless previously authorized in writing by the Company.

Likewise, it is prohibited to remove, bypass, and/or manipulate the “copyright” notice or any technical protection devices or information mechanisms that may be contained in the content. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could harm them. In all cases, the Company reserves the exercise of all legal means or actions necessary to protect its legitimate rights of Intellectual and Industrial Property.

Obligations and Responsibilities of the Website User

The User undertakes to:

1. Use the Website and its content and services lawfully and appropriately, in accordance with:
   (i) the legislation in force at any given time;
   (ii) the General Conditions of Use of the Website;
   (iii) generally accepted morals and good customs; and
   (iv) public order.
2. Provide all the technical means and requirements necessary to access the Website.
3. Provide truthful information when filling in personal data in the forms contained on the Website and to keep such data 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.

In addition to the foregoing, the User must also refrain from:

• Using the Website and/or its contents for unauthorized or fraudulent purposes, or for illicit purposes prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that could damage, disable, overload, deteriorate, or impede the normal use of services or any information stored in any computer system.
• Accessing or attempting to access restricted areas of the Website without meeting the required conditions for such access.
• Causing damage to the physical or logical systems of the Website, its suppliers, 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 suppliers, or third parties.
• Attempting to access, use, and/or manipulate the Company’s data, third-party providers, or other Users’ data.
• Reproducing, copying, distributing, making available to the public through any mode of public communication, transforming, or modifying the content, unless authorized by the owner of the corresponding rights or unless legally permitted.
• Removing, hiding, or manipulating any Intellectual or Industrial Property rights notices or other identifying data of the Company’s or third parties’ rights embedded in the contents, as well as any technical protection devices or information mechanisms that may be inserted therein.
• Obtaining or attempting to obtain the content by any means or procedures other than those expressly provided for this purpose on the web pages where the contents are located or that are otherwise commonly used on the Internet, provided they do not entail any risk of damage or disablement of the Website and/or its contents.

By way of example, and not exhaustively, 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, or, in general, any kind of material that:

• In any way is contrary to, disparages, or undermines fundamental rights and public liberties recognized constitutionally, in international treaties, and in other applicable legal provisions.
• Induces, incites, or promotes criminal, denigratory, defamatory, violent actions, or actions that, in general, are contrary to the law, morals, generally accepted good customs, or public order.
• Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.
• Incorporates, makes available, or allows access to criminal, violent, offensive, harmful, degrading products, elements, messages, and/or services or that, in general, are contrary to the law, morality, and generally accepted good customs or public order, or that induce or could induce an unacceptable state of anxiety or fear.
• Induces or incites involvement in dangerous, risky, or harmful practices for health and psychological balance.
• Is protected by intellectual or industrial protection legislation belonging to the Company or to third parties without the intended use being authorized.
• Is contrary to people’s honor, personal and family privacy, or self-image.
• Constitutes any type of advertising.
• Includes any type of virus or program that prevents the normal functioning of the Website.

If, to access some of the services and/or contents of the Website, you are provided with a password, you undertake to use it diligently and keep it secret at all times. Accordingly, you will be responsible for its proper safekeeping and confidentiality, and agree not to transfer it to third parties, either temporarily or permanently, nor allow third parties to access the aforementioned services and/or contents. You also agree to notify the Company immediately of any event that may constitute improper use of your password, such as theft, loss, or unauthorized access, so that the Company can proceed with its immediate cancellation. Until such events are reported, the Company shall be exempt from any liability arising from misuse of your password, and you will be liable for any illegal use of the contents and/or services of the Website by any illegitimate third party. Should you breach any of the obligations set forth in these General Conditions of Use by negligence or intent, you will be liable for all damages that may arise for the Company as a result of such breach.

Liabilities

Continuous access, correct display, download, or usefulness of the elements and information contained on the website may be hindered, complicated, or interrupted by factors or circumstances beyond its control. We are not liable for decisions that may be taken as a result of accessing the content or information offered.

We may interrupt the service or immediately terminate our relationship with the User if we detect that use of our Website or any of the services offered therein is contrary to these General Conditions of Use. We are not liable for damages, losses, claims, or expenses arising from the use of the Website.

We are only liable for removing, as soon as possible, any content that could cause such damages, once we are notified. In particular, we are not liable for damages that may arise, among others, from:

• Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blocks, or disconnections in the electronic system’s operation caused by deficiencies, overloads, and errors in telecommunication lines and networks, or any other cause beyond the Company’s control.
• Illegitimate intrusions through the use of malicious programs of any kind and by any means of communication, such as computer viruses or others.
• Improper or inappropriate use of the Website.
• Security or browsing errors caused by improper browser functioning 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 is exempt from any liability for damages of any kind that may be due to the misuse of the freely available and used services by Website Users. Likewise, it is released from any liability for the content and information that may be received as a result of data collection forms, which are only intended for the services of consultation and inquiries. In the event of causing damages due to illicit or incorrect use of these services, the User may be claimed for any damages or losses caused.

You agree to hold the Company harmless from any damages arising from claims, actions, or demands by third parties as a result of your access or use of the Website. Likewise, you agree to indemnify for any damages arising from the use by you of “robots,” “spiders,” “crawlers,” or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable load on the operation of the Website.

Hyperlinks

The User agrees not to reproduce, even by means of a hyperlink or hypertext link, the Website or any of its contents without the explicit written authorization of the controller.

The Website may include links to other websites managed by third parties, in order to facilitate the User’s access to information of partner or sponsoring companies. The Company is not responsible for the content of such external websites, nor does it position itself as a guarantor or offeror of any services and/or information that may be provided to third parties through third-party links.

A limited, revocable, and non-exclusive right is granted to the User to create links to the homepage of the Website solely for private, non-commercial use. Websites that link to our Website:
(i) must not falsify their relationship or imply that such a link has been authorized, nor include trademarks, trade names, logos, or other distinctive signs of our Company;
(ii) must not include content that could be deemed distasteful, obscene, offensive, controversial, inciting violence or discrimination on grounds of gender, race, or religion, contrary to public order or illegal;
(iii) must not link to any page of the Website other than the homepage;
(iv) must link to the Website address itself, without allowing the linking website to reproduce the Website as part of its own site or within one of its “frames,” or create a “browser” over any of the Website pages. The Company may request the removal of any link to the Website at any time, 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.

Data Protection

In order to use some of the Services, the User must provide certain personal data in advance. The Company will process this data automatically and apply the relevant security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. Users can refer to the policy governing the processing of personal data, as well as the previously established purposes, under the terms defined in the Privacy Policy.

Cookies

The Company reserves the right to use “cookie” technology on the Website, to recognize the User as a frequent visitor and to customize how the User uses the Website by preselecting their 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 means of a web server, to record the User’s browsing on the Website, provided the User allows their reception. If you wish, you can configure your browser to be notified on-screen of the receipt of cookies and to prevent the installation of cookies on your hard drive. Please consult your browser’s instructions and manuals for more information.

Thanks to cookies, the browser of the computer used by the User can be recognized to provide content, browsing preferences, or advertising preferences according to Users’ demographic profiles, as well as to measure visits and traffic parameters, control progress, and number of entries.

Declarations and Warranties

In general, the contents and services offered on the Website are for informational purposes only. By offering them, no warranty or representation is made regarding the contents and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except where such warranties and representations cannot be excluded by law.

Force Majeure

The Company shall not be liable at all if it becomes impossible to provide a service due to extended power outages, telecommunications lines, social conflicts, strikes, rebellions, explosions, floods, acts or omissions of the government, and in general any cases of force majeure or fortuitous event.

Dispute Resolution, Governing Law, and Jurisdiction

These General Conditions of Use and the use of the Website are 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.

Should any provision of these General Conditions of Use be unenforceable or null under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Conditions of Use as a whole unenforceable or void. In such cases, the Company will proceed to modify or replace the stipulation with another that is valid and enforceable and that, to the greatest extent possible, achieves the objective and purpose reflected in the original stipulation.