AMBAR is deeply committed to the information we offer our visitors, users and clients, since its protection contributes to prestige of the site. The trust derived thereof, along with the validity of its service, will ensure a serious, respectful and permanent management eventually.
Therefore, from the legal perspective, AMBAR deals with the following issues:
1. Legal information and acceptance.
2. Intellectual and industrial property.
3. Conditions for the use of the Portal.
4. Exemption of responsibility.
5. Protection of personal data..
6. Notification of illegal and/or inadequate activities.
1. Legal information and acceptance
The present dispositions regulate the use of the Web Portal Services (hereinafter, the “Portal”) AMBAR ServiciosProfesionales (hereinafter, “Ambar”) offers to the online users.
Ambar, with registered offices on Calle 42, No. 109, Apto 4, La Habana, Cuba, and Tax Code 23004104202. It is inscribed on the Mercantile Registry of Havana, on Volume VII, Folio 1 and Sheet 170.
The access to the web site is free except for the issue related to the cost of connection through the telecommunications web supplied by the access supplier hired by the user. Some services are exclusive for our clients and its access for other Internet users is restricted. The general services offered by Ambar are valued as indicated in the proposal of professional services. In no case, these services are rendered through the Portal Service.
The use of the Portal grants the conditions of Portal user (hereinafter, the “User”), which implies the acceptance of all the conditions included on this Legal Warning. The offer of the Portal Service has a limited duration up to the moment the User is connected to the Portal or to any of the services offered through the Portal. This is why the User has to read carefully this Legal Warning in each one of the occasions he/she intends to use the Portal, taking into account this Portal and its conditions of use, included on this Legal Warning can suffer modifications.
Some of the Services of the Portal, which are accessible for the Internet Users or exclusive for Ambar’s clients, can be subject to particular conditions, regulations and instructions that, in their cases, substitute, complete and/or modify this Legal Warning and that should be accepted by the User before initiating the rendering of the corresponding service.
2. Intellectual and industrial property
All the contents of the Portal, including tittles, texts, photographs, graphics, images, icons, technology, software, links and other audio-visual or sound elements, as well as the graphic design and the source code (hereinafter, the “Contents”) are Ambar’s or third parties’ property, and in no case, the rights of exploitation recognized by the rules in force related to their intellectual properties will be construed as transferred to the User, except when these rights of exploitation are strictly needed for the use of the Portal.
Ambar or the third parties are holders of the brands, trade names and/or distinctive marks, and it will not be construed that access to the Portal grants any right over these brands, trade names and/or distinctive marks.
3. Conditions for the use of the Portal
The User is obliged to make correct use of the Portal in accordance with the Law and this Legal Warning. The User will answer to Ambar or the third parties for any damages or prejudices that can arise as the result of the non-fulfillment of the said obligation.
It is expressly forbidden the use of the Portal with harmful purposes on Ambar’s goods or interests, which in any way, overload, damage or cause to be useless Ambar’s webs, servers and other IT equipment (hardware) or products and IT applications (software).
The User commits him/herself to use the Contents in accordance with the Law and this Legal Warning, as well as with all the other conditions, regulations and instructions that in his/her case could be applied as to what it is established on Clause 1. With a merely declarative nature, the User, in compliance with the in-force legislations should restraint him/herself from:
a)Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents, except in those cases authorized in the law or otherwise expressly approved by Ambar or by any other third party holding the rights of exploitation in his/her case.
b)Reproducing or copying, for private use, the Contents that might be considered software or database in accordance with the in-force legislation as to intellectual property, as well as its public communication or act of making available to third parties when this events imply, necessarily, the reproduction by the User or by a third party.
c)Extracting and/or reusing in total or in a substantial part the Contents of this Portal, as well as the database Ambar makes available for the User.
3.3 Forms for collection of data
With no prejudice to what it is established on Clause 5 of this Legal Warning, as well as on the privacy policies accessible from the Portal and that could be applied on each moment, the use of some services or requests addressed to Ambar is conditioned to the previous fulfillment of the corresponding registry of User.
To the previous effects or to any others, all the information provided by the User in the forms of the Portal shall constitute true facts. To these effects, the User guarantees the authenticity of all the information he/she provides and shall keep the said information perfectly updated in the way corresponding, at all moments, to the actual situation of the User. In every case, the User will be the only person responsible in case of false or inaccurate manifestations he/she may undertake and in the event of any damage caused to Ambar or to any third party by the provided information.
3.4 Introduction of links to the Portal
The Internet user who wishes to introduce links from his /her own webpage into the Portal shall comply with the conditions detailed as follows. In no case, not knowing such conditions will exempt him/her of his/her responsibilities established by law:
a) The link will only relate to the main page of the Portal and in no case it can be reproduced (inline links, texts copies, graphics, etc.).
b) In all cases, and in accordance with the applicable and in-force legislation at each moment, it is forbidden to establish frames of any kind involving the Portal or allowing the visualization of the Contents through an Internet address different from that of the Portal and, otherwise, when the frames are visualized along with contents are not the officials of the Portal in a way that: (I) produces, or might produce error, confusion or fraud to the Users as to the real source of the service or the Contents; (II) constitutes an act of disloyal comparison or imitation; (III) takes advantage of the reputation of Ambar’s brand and prestige; or (IV) it is otherwise forbidden by the in-force legislation.
c) There will be no false, inaccurate or incorrect manifestation about Ambar, its partners, employees or clients, or about the quality of its services, from the page introducing the link.
d) In no case, it will be expressed, on the page in which the link is placed, that Ambar has given its consent with regards to the insertion of the link or that in other way, it sponsors, collaborates, verifies or supervises the services of the sender.
e) It is forbidden the use of any denominative, graphic or mixed, mark or of any other Ambar’s distinctive sign on the page of the sender, except in those cases allowed by the law or expressly authorized by Ambar and as long as, in these cases, a direct link to the Portal is permitted, in accordance with this Clause.
f) The page which establishes the link shall faithfully comply with the law and, in no case it can make use or connect with its own contents or with contents of third parties that: (I) are illegal, noxious or contrary to the moral and good manners (i.e. of pornographic, violent, racist nature, etc.); (II) induce or might induce in the Users the false conception that Ambar subscribes, indorses, adheres to or in any way supports the legal or illegal ideas, manifestations or expressions of the sender; (III) are inappropriate or not pertinent with Ambar’s activity with regards to the place, contents and topics of the webpage of the sender.
4. Exemption of responsibility
4.1 On the information
Accessing the Portal does not imply Ambar is obliged to check the veracity, accuracy, acceptability, suitability, exhaustiveness and updating of the information provided through the Portal. The Contents of this Portal have a general nature and do not constitute, in any way, the rendering of a service of legal, fiscal or accounting consultancy of any kind. This information is insufficient for the User to take any personal or managerial decision.
Ambar does not take responsibility for the decisions taken based on the information provided in the Portal, neither for the damages or prejudices caused to the User or to third parties relating to acts or events whose only basis is the information provided in the Portal.
4.2 On the quality of the Service
Accessing to the Portal does not imply Ambar is obliged to check the absence of virus, worms or any other harmful IT element. In all cases, the User is to have the suitable tools for detecting and disinfecting harmful IT programs.
Ambar will not take responsibility for the damages caused in the IT equipment of the Users or third parties during the rendering of the Portal Services.
4.3 On the availability of the Service
Accessing to the Portal requires services and supplies offered by third parties, including the transportation through the telecommunication webs, whose trustworthiness, quality, continuity and functioning does not correspond to Ambar. Therefore, the services offered through the Portal can be suspended, cancelled or become non-accessible, previously or simultaneously to the rendering of the Portal Service.
Ambar will not take responsibility for the damages or prejudices of any kind caused to the User and which provoke failures or disconnections on the telecommunication webs causing the suspension, cancelling or interruption of the Portal Service previously or during the rendering of such Service.
4.4 On the contents and services linked through the Portal
The Portal accessing service includes linking technical devices, directories and even search instruments which allow the User the access to other pages and Internet portals (hereinafter, “Linked Sites”). In these cases, Ambar acts as renderer of the intermediation service and will only be responsible for the contents and services provided in the Linked Sites to the extent Ambar has effective knowledge of the illegal nature of these services and contents and had not cancelled the link with due diligence. In the event the User considers there is a Linked Site with illegal or inadequate contents, he/she can notify Ambar in accordance with the procedure and the terms established on Clause 6. In no case, this notification implies the obligation of cancelling the corresponding link.
Also, in no case the existence of Linked Sites must be construed as agreements with the responsible entities or holders of the said Sites, neither as recommendations, promotions or identification of Ambar with the manifestations, contents or services supplied.
Ambar does not know the contents and services of the Linked Services and, therefore, does not take responsibility for the damages caused by the illegality, quality, non-updating, error and useless nature of the contents and/or services of the Linked Sites or of any other damage that cannot be directly imputed to Ambar.
5. On the protection of personal data
5.1. Management of personal data
We inform you that the personal data and the information provided to us when filling any electronic form available in the Portal (hereinafter, “Data”) will be incorporated to a data file of personal nature whose holder is Ambar and will be used to process your request. The questions included on each of the forms are to be answered voluntarily, except those marked with an asterisk (*), which are obligatory. In case the obligatory questions are not answered, Ambar reserves the right to not process the incomplete request.
5.2. On Cookies use policy
Ambar will only use the data storing and recovering devices (hereinafter, “Cookies”) once the User has given his/her previous consent in this regard, in accordance with what it is indicated in the emerging window or the User’s navigator when he/she access the Portal for the first time and as indicated on the other terms and conditions of Ambar’s Cookies Policy every User must know.
6. Notification of illegal and/or inadequate activities
In the event the User or any other Internet user knows the Linked Sites forward to pages whose contents or services are illegal, noxious, insulting and violent, or contrary to the moral, he/she can contact Ambar indicating the following:
a) Personal data of he/she who notifies: name, address, telephone number and e-mail address.
b) Description of the facts which reveal the illegal or inadequate nature of the Linked Site.
c) In the event of violation of rights, such as intellectual and industrial property, the personal data of the holder of whose right had been infringed, if the holder is not the person who makes the notification. Also, the tittle accrediting the legitimacy of the rights holder and, in his/her case, the tittle of representation to act on behalf of the holder, if the holder is not the person who makes the notification, should be provided.
d) Explicit statement declaring the information contained in the claim is accurate.
The reception by Ambar of the notification described on this Clause does not constitute the effective awareness of the activities and/or contents indicated by the person who makes the notification.
This Legal Warning is ruled entirely by the Cuban law.