LAW ON INFORMATION SOCIETY SERVICES (LSSI)

Lottmarie, responsible for the website, hereinafter referred to as the RESPONSIBLE, makes this document available to users, intending 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 the terms of use.

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

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

1. IDENTIFYING INFORMATION

• Corporate Name: lottmarie.com
• Trade Name: lottmarie.com
• Tax ID (CIF):
• Address: Herzogenstraße 5, 97070 Würzburg, Germany
• Email: lottmarie@gmx.de
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• 2. PURPOSE

Through the Website, we offer Users the possibility of accessing information about our services.

3. PRIVACY AND DATA PROCESSING

When it is necessary to provide personal data to access certain content or services, Users guarantee its truthfulness, accuracy, authenticity, and validity. The company will process such data automatically as appropriate, according to its nature or purpose, under the terms indicated in the Privacy Policy section.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

The User acknowledges and accepts that all content displayed on the Website, particularly designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use, are subject to intellectual property rights. All trademarks, trade names, or distinctive signs, as well as all industrial and intellectual property rights over the content and/or any other elements inserted on the page, are the exclusive property of the company and/or third parties who have the exclusive right to use them in economic transactions.

Therefore, the User undertakes not to reproduce, copy, distribute, make available, or otherwise publicly communicate, transform, or modify such content, holding the company harmless from any claim arising from the breach of such obligations. Access to the Website does not imply, under any circumstances, any waiver, transfer, license, or total or partial assignment of such rights unless expressly stated otherwise.

The General Terms of Use of the Website do not grant Users any other rights of use, alteration, exploitation, reproduction, distribution, or public communication of the Website and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for this purpose by the company or the third-party holder of the rights in question.

The content, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation on this Website, as well as the Website as a whole as a multimedia artistic work, are protected as copyright under intellectual property law. The company owns the elements that make up 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 is obtained from the aforementioned Entity.

It is also prohibited to delete, evade, and/or manipulate the copyright notice, as well as the technical protection devices or any information mechanisms that may be contained in the content. The User of this Website agrees to respect the rights mentioned above and to avoid any action that could harm them, with the company reserving the right to exercise any legal means or actions available to it in defense of its legitimate intellectual and industrial property rights.

5. USER OBLIGATIONS AND RESPONSIBILITIES

The User agrees to:

1. Make appropriate and lawful use of the Website and its content and services, in accordance with:

   • Applicable law at all times.
   • The General Terms of Use of the Website.
   • Morality and generally accepted good practices.
   • Public order.

2. Provide all the means and technical requirements necessary to access the Website.

3. Provide truthful information when filling out personal data forms on the Website and keep them updated at all times, so that they reflect the User’s real situation at any given time. The User will be solely responsible for any false or inaccurate statements made and for any damages caused to the company or third parties due to the information provided.

Additionally, the User must refrain from:

• Unauthorized or fraudulent use of the Website and/or its content for illegal purposes or effects, prohibited in these General Terms of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, or impair the normal use of the services or documents, files, and all types of content stored on any computer.
• Accessing or attempting to access restricted areas of the Website without meeting the conditions required 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 are likely to 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, and other Users.
• Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the content unless authorized by the holder of the corresponding rights or legally permitted.
• Deleting, hiding, or manipulating intellectual or industrial property rights notices and other data identifying the rights of the company or third parties incorporated into the content, as well as technical protection devices or any information mechanisms that may be inserted into the content.
• Obtaining or attempting to obtain content using means or procedures other than those, as the case may be, made available for this purpose or expressly indicated on the web pages where the content is located or, in general, those commonly used on the Internet, as long as they do not pose a risk of damage or disablement of the Website and/or its content.

The User undertakes not to transmit, disseminate, or make available to third parties any material that:

• In any way is contrary to, undermines, or violates the fundamental rights and public freedoms recognized constitutionally, in international treaties, and in other current legislation.
• Induces, incites, or promotes criminal, denigrating, defamatory, violent actions, or, in general, actions contrary to the law, morality, and generally accepted good practices or public order.
• Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.
• Induces or may induce an unacceptable state of anxiety or fear
• Includes any type of virus or program that prevents the normal operation of the Website.
• Constitutes any type of advertising.
• Is contrary to honor, personal and family privacy, or the image of individuals.
• Is protected by intellectual or industrial property rights belonging to the company or third parties without authorization for the intended use.
• Induces or incites involvement in practices that are dangerous, risky, or harmful to health and mental balance.
• Incorporates, makes available, or allows access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to the law, morality, and generally accepted good practices or public order.

  If a password is provided to access certain services and/or content on the Website, the User is obligated to use it diligently, keeping it secret at all times. Consequently, the User is responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, either temporarily or permanently, or to allow access to the aforementioned services and/or content by outsiders. Likewise, the User is obligated to notify the company immediately of any event that could lead to the improper use of their password, such as theft, loss, or unauthorized access, so that it can be immediately canceled. Until such events are reported, the company will be exempt from any liability arising from the improper use of the password, with the User being responsible for any illegal use of the content and/or services of the Website by any unauthorized third party.

  If a User negligently or fraudulently breaches any of the obligations set forth in these General Terms of Use, they will be liable for all damages that may result for the company from such breach.6. RESPONSIBILITIES

  The company does not guarantee continued access or correct viewing, downloading, or use of the elements and information contained on the Website, which may be impeded, 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 company may interrupt the service or immediately terminate the relationship with the User if it detects that use of its Website or any of the services offered therein is contrary to these General Terms of Use.

  The company is not responsible for damages, losses, claims, or expenses resulting from:

  • Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system caused by deficiencies, overloads, and errors in telecommunications lines and networks, or any other cause beyond the control of the company.
  • Illegitimate intrusions through the use of malicious programs of any kind and through any communication medium, such as computer viruses or any other.
  • Improper or inappropriate use of the Website.
  • Security or navigation errors caused by a malfunction of the browser or the use of outdated versions thereof.

  The administrators of the company reserve the right to withdraw, in whole or in part, any content or information present on the Website.

  The company excludes any liability for damages of any kind that may be due to the misuse of freely available services by Website Users. Likewise, the company is exonerated from any responsibility for the content and information that may be received as a result of data collection forms, which are intended solely for the provision of consultation and doubt resolution services. On the other hand, in case of causing damages due to illegal or incorrect use of such services, the User may be claimed for damages caused.

  The User will defend, indemnify, and hold the company harmless against any damages arising from claims, actions, or demands from third parties as a result of their access to or use of the Website. Likewise, the User agrees to indemnify the company against any damages resulting from their use of “robots,” “spiders,” “crawlers,” or similar tools employed to collect or extract data or any other action by the User that imposes an unreasonable burden on the operation of the Website.

  7. HYPERLINKS

  The User agrees not to reproduce in any way, even through a hyperlink, the Website of the company, as well as any of its content, unless expressly authorized in writing by the company.

  The Website may include links to other websites managed by third parties, in order to provide the User with access to information from collaborating or sponsoring companies. In accordance with this, the company is not responsible for the content of such websites, nor does it act as a guarantor or offeror of the 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 solely for private and non-commercial use. Websites that include a link to our Website:

  • May not imply that the company recommends that website or its services or products.
  • May not misrepresent their relationship with the company or state that the company has authorized such a link, or include trademarks, names, trade names, logos, or other distinctive signs of the company.
  • May not include content that could be considered in bad taste, obscene, offensive, controversial, inciting to violence or discrimination based on sex, race, or religion, contrary to public order, or illegal.
  • May not link to any page of the Website other than the main page.
  • Must link to the Website’s own address, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website.

  The company may request the removal of any link to the Website, after which the website creating the link must immediately delete it. 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, Users must first provide certain personal data. The company will automatically process this data and apply the corresponding security measures, in compliance with the General Data Protection Regulation (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights.

  The User can access the policy followed in the processing of personal data, as well as the establishment of previously identified purposes, under the conditions defined in the Privacy Policy.

  9. COOKIES

  The company reserves the right to use “cookie” technology on the Website to recognize Users as frequent visitors and to personalize their use of 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, through a web server, to record the User’s browsing on the Website, when the User allows their reception. If the User wishes, they can configure their browser to notify them of the receipt of cookies and to prevent their installation on their device. Please refer to your browser’s instructions and manuals for more information.

  Thanks to cookies, it is possible for the company to recognize the browser of the computer used by the User in order to provide content and offer browsing or advertising preferences that the User, based on their demographic profiles, as well as measure visits and traffic parameters, monitor progress, and the number of entries.

  10. DURATION AND TERMINATIONT

  The provision of the service of this Website and other services is, in principle, indefinite. However, the company may terminate or suspend any of the Website’s services. Whenever possible, the company will announce the termination or suspension of the provision of a specific service.

  11. REPRESENTATIONS AND WARRANTIES

  In general, the content and services offered on the Website are for informational purposes only. Therefore, by offering them, the company does not grant any guarantees or representations regarding the content and services offered on the Website, including, without limitation, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or marketability, except to the extent that such representations and warranties cannot be excluded by law.

  12. FORCE MAJEURE

  The company will not be liable in cases where it is impossible to provide the service, whether due to prolonged interruptions of electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or acts of God.

  13. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

  These General Terms of Use, as well as the use of the Website, will be governed by Spanish law. Any dispute will be resolved before the courts corresponding to the company’s domicile.

  If any provision of these General Terms of Use is declared invalid or unenforceable, the remaining provisions will remain in full force and effect.