Legal Notice

Marina Küester, who is responsible for the website, 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 regarding its terms of use.

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

Marina Küester reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or inform users of such obligations, with publication on the website being considered sufficient.

1. IDENTIFICATION DATA

Company Name: Nox-Fitness

Trade Name: Nox-Fitness

Owner: Marina Küester

Address: 07680 Porto Cristo – Balearic Islands (Spain)

Email: info@nox-fitness.com

2. PURPOSE

Through the website, we offer users the opportunity to access information about our services and products.

3. PRIVACY AND DATA PROCESSING

When the provision of personal data is required to access certain content or services, users shall guarantee its truthfulness, accuracy, authenticity, and validity. The company will process such data automatically according to its nature or purpose, under the terms indicated in the Privacy Policy section.

4. 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 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 over the contents and/or any other elements inserted on the page, are the exclusive property of the company and/or third parties, who have the sole right to use them in economic transactions. The user agrees not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such content, and shall hold the company harmless from any claims arising from the breach of such obligations. Under no circumstances does access to the website imply any waiver, transfer, license, or total or partial assignment of such rights, unless expressly stated otherwise. These General Terms of Use of the website do not confer on users any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the website and/or its contents other than those expressly provided herein.

Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by the company or the third-party owner of the affected rights. The contents, texts, photographs, designs, logos, images, computer programs, source codes, and in general, any existing intellectual creation, as well as the website as a whole as a multimedia artistic work, are protected by copyright under intellectual property law. The company owns the elements integrated into the graphic design 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 for the use of such elements. The content provided on the website may not be reproduced in whole or in part, transmitted, or recorded by any information retrieval system in any form or by any means, unless prior written authorization has been granted by the aforementioned entity.

Likewise, it is forbidden to delete, bypass, and/or manipulate the “copyright” as well as the technical protection devices or any information mechanisms that the contents may contain. The user of this website undertakes to respect the aforementioned rights and to avoid any action that could harm them. The company reserves, in all cases, the exercise of any legal means or actions available to it in defense of its legitimate intellectual and industrial property rights.

5. OBLIGATIONS AND RESPONSABILITIES OF THE USER

The user undertakes to:

a) Make an appropriate and lawful use of the website, as well as its contents and services, in accordance with: (i) the legislation applicable at any given time; (ii) the general terms of use of the website; (iii) generally accepted morals and good customs; and (iv) public order.

b) Provide themselves with all the technical means and requirements necessary to access the website.

c) Provide truthful information when filling out the forms contained on the website with personal data and keep it updated at all times so that it responds, at all times, to the actual situation of the user. The user shall be solely responsible for any false or inaccurate statements made and for any damage caused to the company or third parties by the information provided.

Notwithstanding the provisions of the preceding paragraph, the user must also refrain from:

a) Making an unauthorized or fraudulent use of the website and/or the contents for illegal purposes or effects, prohibited in these general terms of use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate, or prevent the normal use of the services or documents, files, and all kinds of content stored on any computer equipment.

b) Accessing or attempting to access resources or restricted areas of the website without fulfilling the conditions required for such access.

c) Causing damage to the physical or logical systems of the website, its suppliers, or third parties.

d) Introducing or spreading computer viruses or any other physical or logical systems in the network that are likely to cause damage to the physical or logical systems of the company, suppliers, or third parties.

e) Attempting to access, use, and/or manipulate the data of the company, third-party providers, and other users.

f) Reproducing or copying, distributing, allowing public access through any modality of public communication, transforming, or modifying the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.

g) Deleting, hiding, or manipulating the notes on intellectual or industrial property rights and other identifying data of the rights of the company or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.

h) Obtaining or attempting to obtain the contents using means or procedures other than those which, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those habitually used on the Internet as they do not entail a risk of damage or disablement of the website and/or contents.

If you are provided with a password to access some of the services and/or contents of the website, you are obliged to use it diligently and keep it secret at all times. Consequently, you will be responsible for its adequate custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders.

Likewise, you are obliged to notify the company of any event that may imply a misuse of your password, such as theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Consequently, until the aforementioned notification is made, the company shall be exempt from any liability that may arise from the misuse of your password, and you shall be responsible for any unlawful use of the contents and/or services of the website by any illegitimate third party. If you negligently or intentionally fail to comply with any of the obligations established in these general terms of use, you shall be liable for all damages that may arise for the company from such breach.

6. RESPONSIBILITIES

Continued access, correct display, downloading, or usefulness of the elements and information contained on the website are not guaranteed, as they may be prevented, hindered, or interrupted by factors or circumstances beyond its control. The company is not responsible for decisions that may be made as a result of access to the content or information offered.

The service may be interrupted, or the relationship with the user terminated immediately, if it is detected that use of the website or any of the services offered therein is contrary to these general terms of use. We are not liable for damages, losses, claims, or expenses arising from the use of the website.

The user shall be solely responsible for removing, as soon as possible, any content that may generate such damage, provided notice is given. In particular, we shall not be liable for damages arising, among others, from:

a) Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system, motivated by deficiencies, overloads, and errors in telecommunications lines and networks, or due to any other cause beyond the control of the company.

b) Illegitimate intromissions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.

c) Improper or inappropriate abuse of the website.

d) Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The website administrator reserves the right to withdraw, totally or partially, any content or information present on the website.

The company excludes any liability for damages of any nature that could be due to the misuse of the freely available services and their use by the users of the website. Likewise, it is exonerated from any liability for the content and information that may be received as a result of data collection forms, these being intended solely for the provision of services for queries and doubts. On the other hand, in case of causing damages due to an illegal or incorrect use of said services, the user may be claimed for the damages caused.

You shall hold the company harmless against any damages arising from claims, actions, or demands of third parties as a result of your access to or use of the website. Likewise, you agree to indemnify against any damages arising from your use of “robots”, “spiders”, “crawlers”, or similar tools employed for the purpose of gathering or extracting data, or any other action on your part 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 contents in any way, not even through a hyperlink or hyperlink, unless expressly authorized in writing by the file manager.

The website may include links to other websites managed by third parties in order to facilitate the user’s access to information from collaborating and/or sponsoring companies. Accordingly, we accept no responsibility for the content of such websites, nor do we stand in a position as a guarantor and/or provider of 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 main page 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 link has been authorized, nor include trademarks, designations, trade names, logos, or other distinctive signs of our company; (ii) may not include content that could be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination based on sex, race, or religion, contrary to public order, or unlawful; (iii) may not link to any page of the website other than the main page; (iv) must link to the website’s own address, without allowing the linking website to reproduce the website as part of its website or within one of its “frames” or create a “browser” over any of the pages of the website. The company may at any time request that all links to the website be removed, and they must be removed promptly.

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 provide certain personal data in advance. The company will act in accordance with our 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 customize your use of the website through the pre-selection of your language or desired or specific content.

10. DECLARATIONS AND WARRANTIES

In general, the contents and services offered on the website are for informational purposes only. Therefore, by providing them, no warranty or representation of any kind is made regarding the contents and services offered on the website, including, without limitation, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.

11. FORCE MAJEURE

The company shall not be liable in case of impossibility to provide the service if this is due to prolonged interruptions of the power 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.

For the resolution of all disputes or questions related to this website or the activities carried out on it, Spanish law shall apply, to which the parties expressly submit. The courts of the user’s residence or the place of fulfillment of the obligation shall be competent for the resolution of all disputes arising from or related to its use.

12. APPLICABLE LAW AND JURISDICTION

In accordance with the provisions of national and EU consumer protection law, the possibility of using an online complaint and dispute resolution mechanism is offered pursuant to Article 14 of EU Regulation 524/2013.