Legal Notice
Legal Notice
IDENTIFICATION AND CONTACT INFORMATION OF THE WEBSITE OWNERThrough this Legal Notice, we inform you that the website with the URL www.blackpearlcapital.es (hereinafter, the “Website”) is owned by BLACKPEARL CAPITAL MANAGEMENT SGEIC, S.A. (hereinafter, “BLACKPEARL”), the company that manages and operates the Website.BLACKPEARL is a company registered in the Madrid Mercantile Registry (Volume 41.001, Folio 188, Section 8, Page M-727.188), with CIF A-02669786 and registered office at Calle Barquillo, 10, 1º Derecha, Madrid 28004. It is subject to the supervision of the National Securities Market Commission (CNMV) with the registration number as a Closed-End Type Investment Entity Management Company No. 174.For more information about BLACKPEARL, you can contact us by sending an email to the following address: admin@bkpcap.com.
PURPOSE AND GENERAL CONDITIONS OF USE OF THE WEBSITEThe purpose of this Legal Notice is to provide those who access, browse, or consult the content of the Website (hereinafter, the “User” or “Users”) with the rules that govern the use of this Website.The terms and conditions provided in this Legal Notice regulate the access, use, and content offered by BLACKPEARL on its Website. However, BLACKPEARL reserves the right to modify the presentation, configuration, and content of the Website and services, as well as the conditions of access and/or use.This Website has been developed for informational and commercial purposes, with the intention of providing Users with information about BLACKPEARL’s products and services electronically, but at no time does it represent a recommendation of any kind of investment, transaction, or similar operation.Users must carefully read this Legal Notice each time they use the Website, as its content may be modified as BLACKPEARL deems appropriate.If any of the provisions contained in this Legal Notice are declared void, they will be removed or replaced. In any case, such a declaration of nullity will not affect the validity of the remaining provisions contained in this Legal Notice.The User is aware and accepts that the use of the Website is always under their sole and exclusive responsibility and agrees to the following:
To use the Website in the manner and form established in this document.
Not to engage in any conduct that could damage the image, interests, and rights of BLACKPEARL.
Not to use this Website and its information and content for illegal purposes and/or not to take actions that could harm the rights and/or interests of third parties.
Not to engage in acts that could damage, disable, or overload the Website, or that would in any way prevent its normal use.
Not to use the Website with the aim of extracting information or documentation for the development of commercial activities, especially for the provision of services that could compete with those developed by the Owner.
To refrain from engaging in:
Acts of reverse engineering, decompiling, disassembling, or, through any other technique, attempting to extract or deduce the source code, nor encouraging such activities.
Any act intended to damage, disable, overload, or alter the operation of the Website or other users, such as introducing computer viruses or malware or spreading them.
Any act that could infringe the rights of the Website owner, other users, or third parties, such as, for example, possible infringements of intellectual and industrial property rights.
Providing accurate, up-to-date information when requested.
Refraining from copying or extracting any content from the Website for private or public use, except in cases authorized by law or expressly consented to by BLACKPEARL.
Reading the present General Terms and Conditions of Use, as well as any notifications that may be sent by the Website owner.The User will be liable to BLACKPEARL, or third parties, for damages that may have been caused as a result of breaching these obligations.
ACCEPTANCE OF THE GENERAL CONDITIONS OF USEThe User who accesses and uses the Website will fully accept and therefore be bound to comply with the terms and conditions set forth in this Legal Notice in the version published by BLACKPEARL at the time of access (hereinafter, the “General Conditions of Use”).If the User does not agree with these General Conditions of Use, they must leave this Website, as they will not be able to access or use the services offered. The User declares that they have the legal capacity to be bound by these General Conditions of Use. If the User is a minor, they must have the prior authorization of their parents or legal guardians, who will be responsible for the use the minor makes of the Website.
NAVIGATION THROUGH THE WEBSITE AND USER OBLIGATIONSNavigation through the Website is free and is not conditioned on prior User registration.
LIABILITY FOR DAMAGES OF USERS5.1. USER LIABILITY:Users will be liable for any damages of any kind that BLACKPEARL may suffer, directly or indirectly, as a result of breaching any of the obligations arising from the General Conditions of Use or unauthorized total or partial reproduction, expressly without written authorization, for any purpose.It is the User’s responsibility to take all appropriate technical measures to reasonably control the threats that may arise during data and information transmissions that take place over the Internet. Among these measures, the User should have up-to-date malware detection systems, such as viruses, Trojans, etc., keep the security patches of the corresponding browsers and operating systems updated, and use networks whose security is verified.If the User sends any kind of information to BLACKPEARL through the designated channels, the User declares, warrants, and agrees that they are authorized to do so freely, that the information does not infringe any intellectual property, trademark, patent, trade secret, or any other rights of third parties, that it is not confidential and that it is not harmful to third parties. The User is responsible for and will exempt BLACKPEARL from any liability regarding any communication sent personally or on their behalf, including but not limited to liability for accuracy, legality, authenticity, and ownership of such communications.
5.2. BLACKPEARL’S RESPONSIBILITY:
BLACKPEARL takes measures to ensure the accuracy of the Website’s information. However, BLACKPEARL is not responsible for errors or omissions in the content of the Website and does not guarantee the accuracy, completeness, or timeliness of the information on the Website. The information on the Website is subject to changes that may be made at any time without prior notice.
Our greatest concern is to protect information. We store the information we collect on secure servers and comply with the security measures required by Spanish data protection legislation to protect your personal information.
However, no Internet transmission is 100% secure or error-free, and stored data is not invulnerable. We cannot guarantee the security of our Website, databases, or services, nor can we guarantee that the information you send to us will not be intercepted while being transmitted over the Internet. We are not responsible for the actions of third parties.
INTELLECTUAL AND INDUSTRIAL PROPERTYThis website is owned by BLACKPEARL. All the content of the Website, including but not limited to trademarks, logos, graphics, images, sound and video files, programming code, texts, icons, and names identifying services (hereinafter, the “Content”) are the property of BLACKPEARL and are protected by the legislation in force regarding intellectual and industrial property rights.The User’s access to this Website does not imply any waiver, transmission, or transfer, in whole or in part, of these rights by the owners. Therefore, access to these Contents by the Users does not grant them, under any circumstances, the possibility to copy, sell, modify, reproduce, publish, transfer, transmit, or create new products or services derived from the Contents of the Website.Thus, the User of this Website may not, except with prior, express, and written authorization from BLACKPEARL or third-party owners of intellectual or industrial property rights, copy, distribute, download, modify, delete, alter, publish, reproduce, transform, publicly communicate, transmit, make second or subsequent publications, or otherwise exploit such Contents.In this sense, the User does not acquire any rights or licenses related to any intellectual or industrial property rights associated with the Website or its Contents, beyond the right to navigate this Website according to the purpose and terms set forth in this Notice.BLACKPEARL reserves the right to make, at any time and without prior notice, any modifications, variations, deletions, or cancellations in the content and its presentation as it deems necessary, either temporarily or permanently. Users must ensure they are using the most up-to-date version at all times. This power does not grant users any right to receive compensation for damages.
LINKING POLICY 7.1. ESTABLISHMENT OF LINKS TO THE WEBSITE:
The establishment of links to the Website without prior, express, and written authorization from BLACKPEARL is prohibited.
If the link is authorized by BLACKPEARL according to the previously established terms, it must be established under the following conditions:
No false, inaccurate, or incorrect statements shall be made about the Website and/or BLACKPEARL from the linking website (hereinafter, the “Linking Site”).
Under no circumstances does the authorization granted by BLACKPEARL for the creation of a link imply any sponsorship, collaboration, verification, or supervision of the content and/or services provided through the Linking Site, nor does it imply any responsibility for the content of said site.
The Linking Site must faithfully comply with the law and must not, under any circumstances, host content, either of its own or from third parties, that: (i) is illegal, harmful, or contrary to morality, public order, and good customs; or (ii) induces or may induce the User to falsely believe that BLACKPEARL endorses, adheres to, or in any way supports the sender’s lawful or unlawful ideas, statements, or expressions; or (iii) is inappropriate or irrelevant in relation to BLACKPEARL’s activities.
In the event of non-compliance with any of the terms mentioned above, BLACKPEARL will immediately and without prior notice remove the link.
7.2. EXTERNAL LINKS FROM THE WEBSITE:
Any access to a third-party website through navigation on the Website does not constitute a recommendation, promotion, identification, or agreement by BLACKPEARL with the statements, content, or services provided through said website.
When the User uses a link published on the Website and is redirected to a third-party website, they are leaving the Website and, therefore, are no longer under the protection of these General Conditions of Use.
Consequently, BLACKPEARL is not responsible for the content of such third-party websites, nor for their terms of use and privacy policies. The User of those websites is solely responsible for verifying and accepting them each time they access and use them.
COOKIES POLICY
BLACKPEARL uses cookies, either its own or those of a third party contracted to provide audience measurement services. The cookies used on the Website are associated only with an anonymous user and their mobile device or PC, and therefore do not provide the User’s personal data. For more information related to the cookies used on this Website, the User can access our Cookies Policy.
RIGHT OF EXCLUSION
BLACKPEARL reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own instance or that of a third party, to those users who fail to comply with these General Conditions of Use.
ONLINE DISPUTE RESOLUTION
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the User and the website owner, without the need to resort to the courts of law, through the intervention of a third party, known as a Dispute Resolution Body, which acts as an intermediary between them. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict. Link to the Dispute Resolution Body platform: http://ec.europa.eu/consumers/odr/
APPLICABLE LAW AND JURISDICTION
The applicable laws to the Website shall be those of Spain. In this regard, any dispute relating to the content or use of the Website shall be governed by the laws of Spain, and with respect to jurisdiction and venue, only the courts of the city of Madrid shall have jurisdiction to resolve any claims.