1. ABOUT THIS LEGAL NOTICE AND ITS ACCEPTANCE

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This legal notice (hereinafter, the "Legal Notice") regulates the use of the Internet Portal service "www.cauproges.com" (hereinafter, the "Portal"), which Cauproges SL (hereinafter Cauproges), with address at Calle Baltasar Núñez, 12 38202 San Cristóbal de La Laguna, makes available to Internet users.

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The use of the Portal attributes the condition of user of the same (hereinafter, the "user") and implies full acceptance, and without reservations, of each and every one of the provisions included in this Legal Notice, and in the version published by Cauproges, at the time the user accesses the Portal. Consequently, we recommend that the user, each time they access the Portal, read this Legal Notice carefully, since it may be modified.

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The use and/or access to the services or content for users through the Portal may also be subject to its own particular conditions (hereinafter, the "Particular Conditions") that, depending on the case, may replace, complete and/or or modify this Legal Notice. Therefore, and consistent with the above, before using or accessing such services or content, the user is also warned that, in the same way, they must read these Particular Conditions carefully.

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The declaration of any of these general conditions contained in this Legal Notice as null, invalid or ineffective, will not affect the validity or effectiveness of the rest, which will continue to be binding between the parties. Likewise, the waiver by any of the parties to demand, at a certain moment, the fulfillment of any of the general conditions stipulated herein, will not imply a general waiver of compliance with any other condition or conditions imposed, nor will it generate an acquired right. for the other party.

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2. OBJECT

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Through the Portal, Cauproges provides users with information, request, access and/or use of services, products or content (hereinafter, "Services"), developed or made available by it under the terms and conditions provided for each case. In this way, Jotapege creativa allows any citizen, company, entity or, in general, any interested party, in a permanent and agile way, to be informed, interact, participate and access the services and initiatives that it legitimately provides.

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3. CONDITIONS OF ACCESS AND USE OF THE PORTAL

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3.1. Free access and use of the Portal

Access and/or use of the Portal by users is free, which is understood without prejudice to the remunerated or priced nature of the services or actions requested, under the terms legally established.

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3.2. Navigation and data forms

In general, access or navigation through the Portal does not require the prior subscription or registration of users. However, Cauproges, may condition the provision of its services or access to certain content offered through it, to the prior completion of the corresponding data collection form.

Cauproges reserves the right to unilaterally modify, at any time, the system or the data forms provided on the Portal.

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3.3. Veracity of the information

The data entered by users in the corresponding form must be, at all times, exact, current and truthful, and will be processed by Cauproges, in accordance with applicable personal data protection legislation.

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For these purposes, the user guarantees the authenticity of all data communicated as a result of completing the forms necessary for access or processing of the services or actions required. In the same way, it will be the sole responsibility of the user to keep all the information provided to Cauproges permanently updated so that it responds, at all times, to their real situation and, with it, to the essential principles regarding data protection, particularly, the principle of quality or relevance of the data. For all these reasons, the user will be solely responsible for any false or inaccurate statements made and for the damages caused to Cauproges, or to third parties due to the information provided.

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3.4. minors

To use the services, minors must previously obtain permission from their parents, guardians or legal representatives, who will be held responsible for all acts carried out by minors or represented under their care.

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Full responsibility for determining the content and/or services accessed by minors corresponds to the adults in whose charge they are.

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As the Internet makes it possible to access content or services that they cannot access due to lack of sufficient legal capacity for this purpose, users are informed that there are mechanisms, particularly filtering and blocking computer programs, that allow limiting the content or websites available and, although they are not infallible, they are especially useful for controlling and restricting the content or services that minors could access through the Internet.

If you are a minor, particularly if you are under 14 years of age, you are required to have the prior consent of your parents or legal representatives before proceeding with the inclusion of your personal data in the data forms of the Portal, in compliance with the provisions of article 13 of Regulation 1720/2007, of December 21, which approves the Development Regulation of the LOPD (hereinafter, RDLOPD). The entity that owns the Portal, for the necessary verification purposes, may require the interested party to provide the necessary identification documents, and if they are not provided within 96 hours from the request made, delete the profile, account or record of the corresponding user/interested party.

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3.5. Obligation to make correct use of the Portal and the Services

The user undertakes to use the Portal and the Services in accordance with the law, this Legal Notice, the Particular Conditions of the services and other notices, regulations of use, and instructions made known to them, as well as with morality and the good customs, generally accepted, and public order. In case of breach by the user of such commitment, Cauproges reserves the right to exclude, prohibit or deny access to the Portal.

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For this purpose, the user will refrain from using any of the services for illegal purposes or effects, prohibited in this Legal Notice, harmful to the rights and interests of Cauproges, or third parties. Nor may it damage, disable, overload, deteriorate or prevent the normal use of the services, computer equipment or documents, files and all kinds of content stored on any computer equipment (hacking) of Cauproges, of other users of the Portal or, in In general, of any Internet user (hardware and software).

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In particular, and merely indicative and not exhaustive, the user agrees not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, recordings, software and, in general, any kind of material that:

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(a) in any way is contrary to, underestimates or violates the fundamental rights and public liberties recognized constitutionally, in international Treaties and in the rest of the applicable legislation, in particular, with respect to minors and disabled people;

(b) induce, incite or promote illegal, criminal, denigrating, defamatory, infamous, violent or, in general, actions contrary to the law, morality and generally accepted good customs or public order;

(c) induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;

(d) incorporate, make available or allow access to elements, messages and/or illegal, criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or to public order;

(e) induces or may induce an unacceptable state of anxiety or fear;

(f) induce or incite to engage in practices that are dangerous, risky or harmful to the health and physical or mental balance of people;

(g) is false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way that misleads or may mislead about its object or about the intentions or purposes of the communicator;

(h) is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained the necessary authorization from their owners to carry out the use that they make or intend to make;

(i) violates the secrets of third parties;

(j) is contrary to the right to honor, to personal and family privacy or to the person's own image;

(k) in any way impairs the credit of Cauproges, or of third parties;

(l) violates the regulations on confidentiality of communications;

(m) constitutes, where appropriate, illegal, misleading or unfair advertising and, in general, constitutes unfair competition;

(n) incorporate viruses or other physical or electronic elements that may damage or prevent the normal functioning of the network, system or computer equipment (hardware and software) of Cauproges, or of third parties, or that may damage electronic documents and files stored in such computer equipment;

(o) causes due to its characteristics (such as format, extension, etc.) difficulties in the normal functioning of the Services or access to the Portal or its contents;

(p) contains HTML tags other than those expressly authorized by Cauproges.

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3.6. Obligation to make correct use of the Contents

In accordance with the provisions of clause 3.5, the user agrees to use the content made available to them on the Portal, understanding by these, without this listing being limited, the texts, graphics, images, icons, technology , software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the "Contents"), in accordance with the law, this Legal Notice, the Particular Conditions of Services and other notices, regulations of use and instructions brought to your attention, as well as morality and generally accepted good customs and public order, and, in particular, you agree to refrain from:

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(a) reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;

(b) delete, manipulate or in any way alter the "copyright" and other identifying data of the reservation of rights of Cauproges, or its owners, fingerprints or any other technical means established for recognition.

(c) exercise or abuse the exercise of the exploitation rights associated with such content, unless it has been expressly authorized for this purpose by its legitimate owner, and, where appropriate, to do so under the conditions expressly agreed in this regard.

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3.7. Use of the Services offered on the Portal in accordance with the Cauproges Anti-Spamming Policy.

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The user agrees to refrain from:

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(I) collect data for advertising purposes and to send advertising of any kind and communications for sales purposes or others of a commercial nature, without the prior request or consent of the interested party;

(II) send any other unsolicited or previously consented messages to a plurality of people;

(III) send unsolicited or previously consented chains of electronic messages;

(IV) use distribution lists that can be accessed through the Services to carry out the activities indicated in sections (I) to (III) above;

(V) make available to third parties, for any purpose, data collected from distribution lists.

Users or third parties harmed by the receipt of unsolicited messages addressed to a plurality of people may notify Cauproges by sending a message to the following email address: info@cauproges.com This email address is protected from spambots. You need JavaScript enabled to view it, so that although Cauproges does not assume any type of responsibility for this purpose, you can report such a situation to the competent authorities, through the legally established channels and procedures.

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3.8. Introduction of hyperlinks that allow access to the web pages of the Portal and the Services

Users and, in general, those people who intend to establish a hyperlink between their web page and the Portal (hereinafter, the "Hyperlink") must comply with the following conditions:

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(a) The Hyperlink will only allow access to the home-page or start page of the Portal, but may not reproduce them in any way;

(b) a frame will not be created on the web pages of the Portal;

(c) no false, inaccurate or incorrect statements or indications will be made about Cauproges, its managers, its employees, the web pages of the Portal and the contents or Services provided;

(d) it will not be declared or implied that Cauproges has authorized the Hyperlink or that it has supervised or assumed in any way the services offered or made available to the web page where the Hyperlink is established;

(e) except for those signs that are part of the Hyperlink itself, the web page on which the Hyperlink is established will not contain any brand, name, establishment label, denomination, logo, slogan or other distinctive signs belonging to Cauproges, and ;

(f) the web page in which the Hyperlink is established will not contain illegal information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content that violates any rights of Cauproges, or of third parties. .

The establishment of the Hyperlink does not imply, in any case, the existence of relations between Cauproges, and the owner of the web page in which it is established, nor the acceptance and approval by Cauproges, of its contents or services.

In any case, Cauproges may, at any time, urge people who have established a hyperlink between its website and the Portal to remove it, subject to any legal and/or judicial action that may correspond to them.

 

4. NO LICENSE

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All brands, names, distinctive signs, content architecture (design, navigation, ordering and taxonomy of the Portal and its contents, etc.) and the contents or software of any kind that are incorporated into the Portal are the property of Jotapege creative, or of third parties, without it being understood that the use or access to the Portal and/or to the contents or services, attributes to the user any right over the aforementioned brands, names and/or distinctive signs, as well as over any of the other elements provided through the Portal.

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Likewise, the contents and other services are under the intellectual or industrial property of Jotapege creativa, or of third parties, and none of the exploitation rights that exist or may be understood to be assigned to the user, by virtue of the provisions of this Legal Notice. may exist on them, beyond what is strictly necessary for the correct use or access to the Portal, or to the services that, through it, are provided or could be provided.

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5. EXCLUSION OF GUARANTEES AND LIABILITY

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5.1. Exclusion of guarantees and responsibility for the operation of the Portal and the Services

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5.1.1. Availability and continuity, utility and fallibility

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Cauproges does not guarantee the availability and continuity of the Portal and the Services. When this is reasonably possible, Cauproges will previously warn of any interruptions in the operation of the Portal, access to its contents, or the provision of Services.

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Neither does Cauproges guarantee the usefulness of the Portal and the Services for carrying out any specific activity, nor its infallibility and, in particular, although not exclusively, that users can effectively use the Portal and the Services, access the different web pages that make up the Portal or those from which the Services are provided.

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Cauproges, excludes, to the fullest extent permitted by law, any liability for damages of any nature that may be due to the lack of availability or continuity of the portal and services, or the fraud of the utility that the users could have attributed to the Portal and the Services, to the fallibility of the Portal and the Services, and in particular, although not exclusively, to failures in accessing the different web pages of the Portal or those from which Services are provided.

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5.1.2. Privacy and security in the use of the Portal and the Services

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Cauproges does not absolutely guarantee the privacy and security of the use of the Portal and the Services and, in particular, does not guarantee that unauthorized third parties may not have knowledge of the type, conditions, characteristics and circumstances of the use that Users make. of the Portal and the Services. However, it undertakes to strictly observe its legal obligations in this area, in order to limit, as far as possible, such risks.

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Cauproges, excludes to the full extent permitted by law, any liability for damages of any nature that may be due to the knowledge that unauthorized third parties may have of the class, conditions, characteristics and circumstances of the use that users make of the Portal and Services.

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5.2. Exclusion of guarantees and responsibility for the Contents

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5.2.1. Quality

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Cauproges does not control or guarantee the absence of viruses or other elements in the Contents that may cause alterations in your computer system (software and hardware) or in electronic documents and files stored on your computer system.

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Cauproges, excludes, to the full extent permitted by law, any liability for damages of any nature that may be due to the presence of viruses or the presence of other elements in the content that may cause alterations in the computer system, electronic documents or user files.

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5.2.2. Legality, reliability and usefulness

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Cauproges, does not guarantee the legality, reliability and usefulness of the contents, therefore, any liability for damages of any nature that may be due to the transmission, dissemination, storage , making available, receiving, obtaining or accessing the contents, and in particular, although not exclusively, for damages that may be due to:

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(a) breach of the law, morality and generally accepted good customs or public order as a consequence of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents;

(b) infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of people, property rights and of any other nature belonging to a third party as a consequence of the transmission, dissemination, storage, provision, reception, obtaining or access to the contents;

(c) the performance of acts of unfair competition and illicit advertising as a consequence of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents;

(d) the lack of veracity, accuracy, completeness, relevance and/or timeliness of the contents;

(e) the inadequacy for any kind of purpose and the disappointment of the expectations generated by the contents;

(f) non-compliance, delay in performance, defective performance or termination for any reason of the obligations contracted by third parties and contracts made with third parties through or due to access to the contents;

(g) vices and defects of all kinds of content transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the Portal or the services.

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5.2.3. Veracity, accuracy, completeness and timeliness

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Cauproges does not guarantee the veracity, accuracy, completeness and timeliness of the contents.

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Cauproges, excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the contents.

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5.3. Exclusion of guarantees and responsibility for the information, content and services hosted outside the Portal

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The Portal may make technical link devices available to users (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 (in hereinafter, "Linked Sites"). The sole purpose of installing these links, directories and search tools on the Portal is to make it easier for users to search for and access information, content and services available on the Internet.

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The results of search tools are provided directly by third parties and are the result of the automatic operation of technical mechanisms, for which reason Cauproges cannot and does not control these results and, in particular, that Internet sites appear among them whose contents may be illegal, contrary to morality or good customs or considered inappropriate for other reasons. In the event that a user considers that any of the sites included in the search results contains illegal activity or information and is interested in requesting the deletion of the link, they can start the procedure provided in this Legal Notice.

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Cauproges does not offer or market the information, content and services available on the Linked Sites on its own or through a third party, nor does it previously control, approve, recommend, monitor or make it its own. The user, therefore, must exercise extreme caution in the assessment and use of the information, content and services existing on the Linked Sites. Cauproges does not guarantee or assume any type of responsibility for damages of any kind that may be due to:

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(a) the operation, availability, accessibility or continuity of the linked sites;

(b) the maintenance of the information, contents and services, existing in the linked sites;

(c) the provision or transmission of information, content and services existing on the linked sites;

(d) the quality, legality, reliability and usefulness of the information, content and services existing on the linked sites, under the same terms and with the same scope provided in general condition 5.2 and 5.3 regarding the content and services provided by third parties through the Portal.

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5.4. Exclusion of guarantees and responsibility for the use of the Portal, the Services and the Contents by the Users

Cauproges has no obligation to control and does not control the use that users make of the Portal, the Services and the Contents. In particular, Cauproges does not guarantee that users use the Portal, the Services and the Contents in accordance with this Legal Notice and, where appropriate, with the Particular Conditions that may apply, nor that they do so diligently and prudently. .

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Cauproges does not have the obligation in each case to verify and does not verify the identity of users, nor the veracity, validity, completeness and/or authenticity of the data that users provide about themselves or others.

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Cauproges, excludes any liability for damages of any kind that may be due to the use of services and content by users or that may be due to the lack of veracity, validity, exhaustiveness and/or authenticity of the information. information that users provide to other users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to impersonation carried out by a user in any kind of communication made through the Portal.

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6. PROCEDURE IN CASE OF CARRYING OUT ACTIVITIES OF AN ILLICIT NATURE

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In the event that any user or a third party considers that there are facts or circumstances that reveal the illegal nature of the use of any content, the provision of services and/or the performance of any activity on the web pages included or accessible through of the Portal, and, in particular, of the violation of intellectual or industrial property rights (patents, industrial models and drawings, trademarks and trade names, etc.) or other rights, you must send a notification to Cauproges, through any means valid in law in which, at least, the following extremes are contained:

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(a) personal data of the claimant: name, address, telephone number and email address;

(b) specification of the alleged illegal activity carried out on the Portal and, in particular, in the case of an alleged violation of rights, precise and concrete indication of the protected content as well as its location on the web pages;

(c) facts or circumstances that reveal the illegal nature of said activity;

(d) in the event of violation of rights, handwritten signature or equivalent, with the personal data of the owner of the rights allegedly infringed or of the person authorized to act on behalf of the latter;

(e) express, clear declaration and under the responsibility of the claimant, that the information provided in the notification is accurate and of the illegal nature of the use of the contents or the performance of the activities described.

(f) signature, date and address for notification purposes.

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7. NOTICES

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All notifications and communications (hereinafter, the "Notifications") by the user to Cauproges, will be considered effective, for all purposes, when they are addressed to the Customer Service in any of the following ways:

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(a) Sending by postal mail to the following address: Calle Baltasar Núñez, 12 local bajo, 38202 San Cristóbal de La Laguna.

(c) Sending by email to the following address: info@cauproges.com This email address is being protected from spambots. You need to enable JavaScript to view it.

(d) Any other advertised through the website or, in general, valid by law.

All notifications by Cauproges to the user will be considered effective, for all purposes, when they are made in any of the following ways:

(a) Sending by postal mail to the user's address, when this has been previously brought to the attention of Cauproges.

(b) Sending by email to any of the mailboxes that the user has communicated within the framework of the provision of a service or development of an action by Cauproges, or, failing that, the one indicated by the user for this purpose;

(c) Communication by means of a telephone call, telematic contact to the user's telephone/fax number, or by SMS when such data has previously been made known to Cauproges;

In this sense, all the Notifications that Cauproges makes to the User will be considered validly made if they have been made using the data and through the previously indicated means. For these purposes, the User declares that all the information provided by him is true and correct, and undertakes to notify Cauproges of all changes related to the notification data.

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8. WITHDRAWAL AND SUSPENSION OF THE CONTENTS OR SERVICES

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Cauproges, may withdraw or suspend, at any time and without the need for prior notice, both access to the contents and the online provision of services provided through the Portal to users who fail to comply with the provisions of this Notice. Legal or any of its conditions, reserving the exercise of any legal or judicial actions that may be appropriate in the face of such actions.

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9. DURATION AND TERMINATION

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The provision of services or access to content available through the Portal has, in principle, an indefinite duration. Cauproges, however, is authorized to terminate or suspend the provision of services or the development of actions through the Portal at any time, although in compliance with the applicable regulations in these cases. When this is reasonably possible, Cauproges will give prior notice of the termination or suspension of the provision of the Portal service, or of the other Services or content provided through it.

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10. USE OF COOKIES

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Cauproges informs users that they can use cookies when they browse the different screens and pages of the Portal. The cookies used by Cauproges are stored on the user's hard drive but cannot read the data contained therein, nor read the cookie files generated by other people. However, the user may prevent the generation of cookies by selecting the corresponding option in their browser program. Cauproges will use cookies in order to recognize registered users and be able to offer them a personalized and individualized service according to their needs.

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Likewise, they are used to obtain information about the date and time of the user's last visit, measure some traffic parameters within the Portal and estimate the number of visits made, allowing Cauproges to focus and adjust its services and actions in a more effective.

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11. LAW, APPLICABLE JURISDICTION

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This Legal Notice is governed, in each and every one of its extremes, by the applicable Spanish law, being applicable, in case of conflict or divergence in the interpretation and/or execution of the same, or of any other of the particular conditions arranged in the Portal, waiving any other jurisdiction that may correspond to the parties, to the competent Courts and Tribunals of Santa Cruz de Tenerife.

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However, the owners of the Portal, users and third parties who access or use it, undertake, prior to judicial proceedings, to seek a friendly and out-of-court solution for the resolution of disputes that may have arisen, and may, even resorting to third parties to mediate for the resolution of the conflict.

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