TERMS OF USE

LEGAL NOTICE AND TERMS OF USE

This Legal Notice (hereinafter, the “Notice”) governs the use of the website “www.berriasurfschool.com” (hereinafter, the “Portal”) made available by Berriasurfschool.com (hereinafter, “BERRIASURFSCHOOL”).

 

1. IDENTIFICATION DETAILS

Entity Responsible: BERRIASURFSCHOOL&CAMP S.L.

CIF No.: B39805544

Address: Barrio La Venta 63, Argoños, Cantabria, 39197

Email: berriassurfcamp@gmail.com

Registry: Registered in the Registry of Tourism Companies and Activities of the Government of Cantabria.

By accessing the Portal, the user (hereinafter, the “User”) accepts the terms outlined in this Notice. BERRIASURFSCHOOL reserves the right to modify these terms at any time. Users are advised to review them regularly.

 

2. IMAGE RIGHTS CONSENT

By participating in BERRIA SURF CAMP, students or their guardians grant BERRIASURFSCHOOL the right to use images or videos captured during camp activities. These images may be published on “www.berriasurfschool.com” but will not be used for commercial purposes.

 

3. PURPOSE OF THE PORTAL

The Portal provides Users access to various services and content (hereinafter, the “Services”) offered by BERRIASURFSCHOOL or third parties.

 

4. CONDITIONS OF USE

4.1. Free Access

Access to the Portal is generally free. However, certain services may require payment under specific terms outlined in corresponding conditions.

4.2. User Registration

Most services do not require registration, but certain features may require the User to create an account at https://berriasurfschool.com/.

4.3. Accuracy of Information

Users must provide truthful and up-to-date information. They are solely responsible for any inaccurate or misleading information provided.

4.4. Use by Minors

Minors must obtain parental or guardian consent before using the Services. Parents or guardians are responsible for supervising and controlling minors’ access to content.

4.5. Proper Use of the Portal

Users agree to use the Portal lawfully and refrain from activities that may damage, overload, or interfere with its normal operation, including hacking or distributing harmful software.

 

5. INTELLECTUAL PROPERTY RIGHTS

All trademarks, trade names, and content on the Portal are the property of BERRIASURFSCHOOL or third parties. Accessing the Portal does not grant Users any rights over these assets.

 

6. DISCLAIMER OF LIABILITY

6.1. Service Availability

BERRIASURFSCHOOL does not guarantee uninterrupted operation of the Portal. Whenever possible, prior notice will be given for service interruptions. Users acknowledge that the Portal and its services may not always meet their expectations.

6.2. Privacy and Security

While BERRIASURFSCHOOL takes reasonable measures to protect User data, it does not guarantee absolute security. Users should take precautions when sharing personal information online.

BERRIASURFSCHOOL is not responsible for damages resulting from unauthorized access to User data or service interruptions.

 

For any inquiries regarding this Legal Notice, Users may contact us at berriassurfcamp@gmail.com.

6.2.2. Legality, Reliability, and Usefulness

BERRIASURFSCHOOL&CAMP does not guarantee the legality, reliability, and usefulness of the Content.

BERRIASURFSCHOOL&CAMP EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEIPT, OBTAINING, OR ACCESS TO THE CONTENT, AND IN PARTICULAR, BUT NOT EXCLUSIVELY, FOR DAMAGES THAT MAY BE CAUSED BY:

(A) THE NON-COMPLIANCE WITH THE LAW, MORALITY, GENERALLY ACCEPTED GOOD CUSTOMS, OR PUBLIC ORDER AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEIPT, OBTAINING, OR ACCESS TO THE CONTENT;

(B) THE INFRINGEMENT OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, TRADE SECRETS, CONTRACTUAL OBLIGATIONS OF ANY KIND, RIGHTS TO HONOR, PERSONAL AND FAMILY PRIVACY, AND IMAGE RIGHTS, PROPERTY RIGHTS, AND ANY OTHER RIGHTS BELONGING TO THIRD PARTIES AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEIPT, OBTAINING, OR ACCESS TO THE CONTENT;

(C) THE COMMISSION OF UNFAIR COMPETITION ACTS AND ILLEGAL ADVERTISING AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEIPT, OBTAINING, OR ACCESS TO THE CONTENT;

(D) THE LACK OF TRUTHFULNESS, ACCURACY, EXHAUSTIVENESS, RELEVANCE, AND/OR CURRENTNESS OF THE CONTENT;

(E) THE INADEQUACY FOR ANY PURPOSE AND THE DECEPTION OF EXPECTATIONS GENERATED BY THE CONTENT;

(F) NON-COMPLIANCE, DELAY IN COMPLIANCE, DEFECTIVE COMPLIANCE, OR TERMINATION FOR ANY REASON OF OBLIGATIONS ASSUMED BY THIRD PARTIES AND CONTRACTS ENTERED INTO WITH THIRD PARTIES THROUGH OR AS A RESULT OF ACCESS TO THE CONTENT;

(G) DEFECTS AND DEFICIENCIES OF ANY KIND IN THE CONTENT TRANSMITTED, DISSEMINATED, STORED, MADE AVAILABLE, OR OTHERWISE TRANSMITTED OR MADE AVAILABLE, RECEIVED, OBTAINED, OR ACCESSED THROUGH THE PORTAL OR SERVICES.

6.2.3. Truthfulness, Accuracy, Exhaustiveness, and Currentness

BERRIASURFSCHOOL&CAMP does not guarantee the truthfulness, accuracy, exhaustiveness, and currentness of the Content.

BERRIASURFSCHOOL&CAMP EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM THE LACK OF TRUTHFULNESS, ACCURACY, EXHAUSTIVENESS, AND/OR CURRENTNESS OF THE CONTENT.

6.3. Exclusion of Warranties and Liability for Services Provided by Third Parties through the Portal

6.3.1. Quality

BERRIASURFSCHOOL&CAMP does not control or guarantee the absence of viruses or other elements in the services provided by third parties through the Portal that may cause alterations in their computer system (software and hardware) or in electronic documents and files stored in their computer system.

BERRIASURFSCHOOL&CAMP EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM THE PRESENCE OF VIRUSES OR OTHER HARMFUL ELEMENTS IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL THAT MAY CAUSE ALTERATIONS IN THE COMPUTER SYSTEM, ELECTRONIC DOCUMENTS, OR FILES OF USERS.

6.3.2. Legality, Reliability, and Usefulness

BERRIASURFSCHOOL&CAMP does not guarantee the legality, reliability, and usefulness of the services provided by third parties through the Portal.

BERRIASURFSCHOOL&CAMP EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL, AND IN PARTICULAR, BUT NOT EXCLUSIVELY, FOR DAMAGES THAT MAY RESULT FROM:

(A) NON-COMPLIANCE WITH THE LAW, MORALITY, GENERALLY ACCEPTED GOOD CUSTOMS, OR PUBLIC ORDER AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE PORTAL;

(B) INFRINGEMENT OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, TRADE SECRETS, CONTRACTUAL OBLIGATIONS OF ANY KIND, RIGHTS TO HONOR, PERSONAL AND FAMILY PRIVACY, AND IMAGE RIGHTS, PROPERTY RIGHTS, AND ANY OTHER RIGHTS BELONGING TO A THIRD PARTY AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE PORTAL;

(C) COMMISSION OF UNFAIR COMPETITION ACTS AND ILLEGAL ADVERTISING AS A RESULT OF THE PROVISION OF SERVICES BY THIRD PARTIES THROUGH THE PORTAL;

(D) THE LACK OF TRUTHFULNESS, ACCURACY, EXHAUSTIVENESS, RELEVANCE, AND/OR CURRENTNESS OF THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, RECEIVED, OBTAINED, MADE AVAILABLE, OR ACCESSIBLE THROUGH THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL;

(E) INADEQUACY FOR ANY PURPOSE AND DECEPTION OF EXPECTATIONS GENERATED BY THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL;

(F) NON-COMPLIANCE, DELAY IN COMPLIANCE, DEFECTIVE COMPLIANCE, OR TERMINATION FOR ANY REASON OF OBLIGATIONS ASSUMED BY THIRD PARTIES AND CONTRACTS ENTERED INTO WITH THIRD PARTIES IN RELATION TO OR AS A RESULT OF THE PROVISION OF SERVICES THROUGH THE PORTAL;

(G) DEFECTS AND DEFICIENCIES OF ANY KIND IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL.

6.4. Exclusion of Warranties and Liability for Information, Content, and Services Hosted Outside the Portal

The Portal provides Users with technical linking devices (such as, among others, links, banners, buttons), directories, and search tools that allow Users to access websites belonging to and/or managed by third parties (hereinafter, “Linked Sites”). The installation of these links, directories, and search tools on the Portal is solely for the purpose of facilitating Users’ search and access to information, content, and services available on the Internet.

Search tool results are provided directly by third parties and are the result of the automatic functioning of technical mechanisms, so BERRIASURFSCHOOL&CAMP cannot control and does not control those results and, in particular, that they may display websites whose content may be illegal, contrary to morality or good customs, or considered inappropriate for other reasons. If a user believes that any of the sites included in the search results contains illegal activity or information and wishes to request the removal of the link, they can initiate the procedure set forth in clause seven of this Legal Notice.

BERRIASURFSCHOOL&CAMP does not offer or market information, content, and services available on Linked Sites, nor does it control, approve, recommend, supervise, or adopt them as its own. Therefore, the User should exercise caution in evaluating and using the information, content, and services available on Linked Sites.

BERRIASURFSCHOOL&CAMP DOES NOT GUARANTEE OR ASSUME ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM:

(A) THE FUNCTIONING, AVAILABILITY, ACCESSIBILITY, OR CONTINUITY OF THE LINKED SITES;

(B) THE MAINTENANCE OF INFORMATION, CONTENT, AND SERVICES ON THE LINKED SITES;

(C) THE PROVISION OR TRANSMISSION OF INFORMATION, CONTENT, AND SERVICES ON THE LINKED SITES;

(D) THE QUALITY, LEGALITY, RELIABILITY, AND USEFULNESS OF INFORMATION, CONTENT, AND SERVICES ON THE LINKED SITES, IN THE SAME TERMS AND TO THE SAME EXTENT SET FORTH IN GENERAL CONDITIONS 5.2 AND 5.3 REGARDING CONTENT AND SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL.

6.5. Exclusion of Warranties and Liability for User Use of the Portal, Services, and Content

BERRIASURFSCHOOL&CAMP is not obligated to control and does not control the use Users make of the Portal, Services, and Content. In particular, BERRIASURFSCHOOL&CAMP does not guarantee that Users will use the Portal, Services, and Content in accordance with this Legal Notice and, where applicable, with any specific Conditions that may apply, nor that they will do so diligently and prudently. BERRIASURFSCHOOL&CAMP is also not obligated to verify and does not verify the identity of Users or the truthfulness, validity, exhaustiveness, and/or authenticity of the data Users provide about themselves to other Users.

BERRIASURFSCHOOL&CAMP EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OF SERVICES AND CONTENT BY USERS OR THAT MAY RESULT FROM THE LACK OF TRUTHFULNESS, VALIDITY, EXHAUSTIVENESS, AND/OR AUTHENTICITY OF INFORMATION PROVIDED BY USERS TO OTHER USERS ABOUT THEMSELVES AND, IN PARTICULAR, BUT NOT EXCLUSIVELY, FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM THE IMPERSONATION OF A THIRD PARTY BY A USER IN ANY TYPE OF COMMUNICATION MADE THROUGH THE PORTAL.

PERSONAL DATA PROTECTION

To use some of the Services, Users must previously provide certain personal data (hereinafter, the “Personal Data”) to BERRIASURFSCHOOL&CAMP. BERRIASURFSCHOOL&CAMP will process the Personal Data automatically for the purposes and under the conditions defined in its Privacy Policy published at www.berriasurfschool.com.

In accordance with Organic Law 15/1999, of December 13, on the Protection of Personal Data, and Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, BERRIASURFSCHOOL&CAMP guarantees the confidentiality of its customers’ personal data. We inform you that your email address is part of a database managed by BERRIASURFSCHOOL&CAMP for the sole purpose of keeping you informed, either because of your status as a customer or because you have requested commercial information at some point, or because you have authorized your data to be included in an automated commercial file.

BERRIASURFSCHOOL&CAMP is committed to avoiding the deliberate sending of unsolicited mail; therefore, you may, at any time, exercise your rights of access, rectification, cancellation, and opposition regarding your personal data via ordinary mail at Barrio la Venta 63, Argoños, Cantabria, 39197, as established by the LOPD.

BERRIASURFSCHOOL&CAMP has adopted the legally required security levels for the protection of personal data and strives to install additional technical protection measures. However, the User must be aware that security measures on the Internet are not impregnable.

BERRIASURFSCHOOL&CAMP may use cookies when a User navigates through the sites and web pages of the Portal. The cookies used on the Portal’s sites and pages are associated only with a specific computer browser (an anonymous User) and do not provide the User’s name or other personal information. Cookies enable BERRIASURFSCHOOL&CAMP to recognize the browsers of registered Users after they have registered for the first time, so they do not need to log in again to access areas and Services reserved exclusively for them. The cookies used cannot read cookies created by other providers. The User has the option to configure their browser to be notified when cookies are received and to prevent cookies from being installed on their hard drive. Please consult your browser’s instructions and manuals for more information. To use the Portal, it is not necessary for the User to allow the installation of cookies sent by BERRIASURFSCHOOL&CAMP, although in such cases, the User will need to register each time they access a service requiring prior registration.

The cookies used on the Portal’s sites and pages may be served by BERRIASURFSCHOOL&CAMP from its servers or from third-party servers that provide services and serve cookies on behalf of BERRIASURFSCHOOL&CAMP (for example, cookies used to serve advertising or specific Content that allows the User to view ads or certain Content at predetermined times, frequencies, and formats). Unless the User has activated the option to prevent cookies from being installed on their hard drive, they can explore their hard drive following the instructions provided by their operating system (normally, on Windows operating systems, they should check the “C” folder or the corresponding disk drive/Windows/Cookies) to learn more about each server from which cookies are sent.

PROCEDURE IN CASE OF ILLEGAL ACTIVITIES

In the event that any User or third party considers that there are facts or circumstances that reveal the illegal nature of the use of any Content and/or activities on the websites included or accessible through the Portal, and in particular, the violation of intellectual or industrial property rights (patents, industrial models and designs, trademarks, trade names, etc.) or other rights, they must send a notification to BERRIASURFSCHOOL&CAMP containing the following details:

(a) Personal details of the claimant: name, address, phone number, and email address;

(b) Specification of the alleged illegal activity carried out on the Portal, and, in particular, when it concerns a violation of rights, precise identification of the protected content and its location on the website;

(c) Facts or circumstances revealing the illegal nature of such activity;

(d) In case of rights violation, handwritten or equivalent signature, with personal details of the rights holder allegedly infringed or of the person authorized to act on their behalf;

(e) A clear and express statement under the claimant’s responsibility that the information provided is accurate and that the use of the content or the activity carried out is illegal.

NOTIFICATIONS

All notifications and communications (hereinafter, “Notifications”) from the User to BERRIASURFSCHOOL&CAMP will be considered effective for all purposes when directed to the Customer Service Department via one of the following methods:

(a) Sending by postal mail to the following address: Barrio la Venta 63, Argoños, Cantabria, 39197

(b) Sending by email to the following address: info@berriasurfschool.com

All notifications from BERRIASURFSCHOOL&CAMP to the User will be considered effective for all purposes when made in any of the following ways:

(a) Sending by postal mail to the User’s address when previously provided to BERRIASURFSCHOOL&CAMP;

(b) Sending by email to any mailboxes the User has or may have as part of any other service provided by BERRIASURFSCHOOL&CAMP;

(c) Communication by phone to the User’s number, when previously provided to BERRIASURFSCHOOL&CAMP;

(d) Via pop-up messages sent during the provision of the Services by BERRIASURFSCHOOL&CAMP to the User.

In this regard, all notifications from BERRIASURFSCHOOL&CAMP to the User will be considered valid if made using the data and through the means mentioned above. To this effect, the User declares that all provided data is true and correct, and agrees to notify BERRIASURFSCHOOL&CAMP of any changes to notification details.

WITHDRAWAL AND SUSPENSION OF SERVICES

BERRIASURFSCHOOL&CAMP may withdraw or suspend the provision of Services at any time and without prior notice to those Users who violate the terms set forth in this Legal Notice.

DURATION AND TERMINATION

The service of the Portal and other Services is, in principle, of indefinite duration. However, BERRIASURFSCHOOL&CAMP is authorized to terminate or suspend the provision of the Portal service and/or any of the Services at any time, without prejudice to what may have been established in the corresponding Specific Conditions. When reasonably possible, BERRIASURFSCHOOL&CAMP will give prior notice of the termination or suspension of the provision of the Portal service and other Services.

APPLICABLE LAW

Any conflict in the interpretation or breach of the provisions in this document will be submitted to the jurisdiction of the Courts of A Coruña, Spain, and the applicable Spanish legislation.

For any suggestions or collaboration proposals, please write to us via email at info@berriasurfschool.com