Legal notice

November 11, 2011

1. Information legal and acceptance

These dispositions regulate the use of the Internet Web Portal (hereinafter the “Portal”) that Smarkia Energy S.L. (hereinafter, Smarkia) makes available to Internet users.

Smarkia with registered company offices in the Avenida San Ignacio de Loyola, 185, 24191 – San Andrés del Rabanedo, León, Spain and N.I.F. number B24631863 is recorded in the Commercial Registry of León, Volume 1.227, Page 79, Section 8, Sheet LE-21.341. Telephone: +34 987 248 305. Fax: +34 987 248 405.

Access to the website is free except regarding to the cost of the connection through the telecommunications network supplied by the access provider contracted by the users. Specific services are exclusively for our clients and their access is restricted.

Portal use implies the condition of users of the Portal (hereinafter, the 'Users') and involves the acceptance of all the conditions included in this Legal notice. The portal service delivery has a duration limited to the moment at which the Users is connected to the Portal or to one of the services that are provided through it. Therefore, the Users must carefully read this Legal notice on each of the occasions on which you propose to use the Portal, since this and the conditions of use collected in this Legal notice may undergo modifications.

Some Portal services accessible to Internet users or exclusively for Smarkia clients, can be subject to special conditions, regulations and instructions that, if applicable, replace, complete and/or modify this Legal notice and that must be accepted by the Users before beginning the corresponding service provision.

2. Industrial and intellectual property

All contents of the Portal, understood purely descriptively as the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes (hereinafter, the 'Contents'), are the intellectual property of Smarkia or of third parties, without being understood as transferring to the Users any of the development rights recognized by the regulations in effect in matter of intellectual property about them, except those that are strictly necessary for the use of the Portal.

The brands, commercial names or distinctive signs are the property of Smarkia or third parties; it cannot be understood that the access to the Portal attributes no rights to the aforementioned brands, commercial names and/or distinctive symbols.

3. Website conditions of use

3.1 General

The User agrees to properly use of the Portal in compliance with the law and this Legal notice. The User shall be liable to Smarkia or to third parties, for any damages and prejudices that may be caused as a consequence of non-compliance with this obligation.

The use of the Portal is expressly prohibited with the purpose of damaging the property or interests of Smarkia or of third parties or that in any other way overload, damage or make inoperable the networks, servers and other computer equipment (hardware) or products and computer applications (software) of Smarkia or of third parties.

3.2 Contents

The User agrees to use the Contents in compliance with the law and this Legal notice, as well as with the other conditions, regulations and instructions that, as appropriate, may be of application in compliance with the dispositions in the clause 1.

The Users pursuant to the legislation in effect must abstain from the following, listed with purely descriptive nature:

Reproduce, copy, distribute, make available, communicate publically, transform or modify the Contents, except in the cases authorized by law or expressly agreed to by Smarkia or by the person holding the ownership of the development rights if applicable.

Reproduce or copy for private use the Contents that can be considered as Software or Database in compliance with the legislation in effect in the matter of intellectual property, as well as their public communication or dissemination to third parties when these actions necessarily involve reproduction by the Users or a third party.

Extract and/or reuse all or a substantial part of the Contents included in the Portal as well as the databases that Smarkia makes available to the Users.

3.3 Forms of collecting information and data

Without prejudice to the dispositions in clause 5 of this Legal notice, as well as in the privacy policies accessible from the Portal and that may be applicable at any time, the use of certain services or requests directed to Smarkia are conditional on the prior compliance with the corresponding user registry.

All the information that the user provides through the forms of the Portal for the above purposes or any other must be true. For these purposes, the User guarantees the authenticity of all the data that he or she communicates and maintain the information provided to Smarkia perfectly updated so that it complies, at any time, with the actual situation of the Users. In any case, the Users will be solely responsible for any false or inexact declarations and any damages caused to Smarkia or third parties by the information provided.

Smarkia may use the information provided by the users to provide additional information about the services of the Company, partners, promotions  and events.

Smarkia may use the information collected to improve its services and websites.

Smarkia does not share, sell or rent the personal information of its users or clients to third-party companies for promotional purposes. Smarkia may only share its clients’ with partners and companies that provide services jointly with Smarkia.

3.4 Links to the Smarkia Portal

Internet users who want to introduce links from their own websites to the Portal must meet the conditions detailed below without the lack of knowledge thereof, constituting a waiver of the responsibilities derived from the Law:

The link is individually connected with the Portal home page or main page but you may not reproduce it in any way (inline links, frames, copy of the texts, graphics, etc.).

It will be prohibited in every case, pursuant to the legislation applicable and in effect at any time, to establish frames of any type that surround the Portal or allow the display of the Contents through Internet addresses different from that of the Portal and, in any case, when they are displayed jointly with contents outside of the Portal so that: (I) it produces, or may produce, error, confusion or disappointment in the users about the true origin of the service or Contents; (II) involves an action of disloyal comparison or imitation; (III) takes advantage the reputation of the brand and prestige of Smarkia; or (IV) in any other way is prohibited by the legislation in effect.

The page that introduces the link shall have no false, inexact or incorrect declaration about Smarkia, its partners, employers, or clients or about the quality of the services provided.

In no case shall it be expressed in the page where the link is located that Smarkia has provided its consent for the insertion of the link or that in another way sponsors, collaborates, verifies or supervises the services of the issuer.

It is prohibited to use any identifying, graphic or mixed brand or any other distinctive symbol of Smarkia within the issuer’s page except in the cases permitted by law or expressly authorized by Smarkia and, in these cases,  as long as a direct link with the Portal is allowed in the way established in this clause.

The page that establishes the link must comply faithfully with the law and may in no case provide access or link with its own contents or that of third parties that: (I) are illegal, harmful or contrary to morality and good practices (pornographic, violent, racist, etc.); (II) induce or may induce in the Users the false concept that Smarkia subscribes, supports, adheres or in any way supports the ideas, declarations or expressions, legal or illegal, of the issuer; (III) they are inappropriate or not pertinent with the activity of Smarkia in attention to the place, contents and topic of the issuer’s website.

4. Exclusion of liability

4.1 Availability of the Service

The access to the Portal requires services and provisions of third parties, including transportation through telecommunications networks with reliability, quality, continuity and functioning not corresponding to Smarkia. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, previously or simultaneous to the portal service delivery.

Smarkia is not liable for damages or prejudices of any type produced in the Users caused by failures or disconnections in the networks of telecommunications that it produces the suspension, cancellation or interruption of the Portal service during its provision or previously.

4.2 Information

Access to the Portal does not imply the obligation by Smarkia to prove the veracity, exactitude, adaptation, suitability, exhaustivity and updating of the information supplied through it. The contents of this page are of general nature and do not constitute, in any way, the provision of services of any type, so that this information is insufficient for the Users to make personal or company decisions.

Smarkia is not liable for the decisions made from the information supplied in the Portal or damages and prejudices to Users or third parties produced due to actions that have as their sole foundation the information obtained in the Portal.

4.3 Contents and services linked through the Portal

The Portal access service includes technical devices for links, directories and search engines that allow the Users to have access to other pages and Internet portals (hereinafter, ' Linked Sites '). In these cases, Smarkia acts as intermediary service provider in compliance with Article 17 of law 34/2002, of July 12, of the services of the Information and Electronic  Commerce Society (LSSI) and will only be responsible for the contents and services provided in the Linked Sites to the extent that it has effective knowledge of the illegal nature and has not deactivated the link with due diligence. If the Users consider that there is a Linked Site with illegal or unsuitable contents this may be reported to Smarkia pursuant to the procedures the effects established in Clause 6, without this communication in any case involves the obligation to remove the corresponding link.

In no case does the existence of Linked Sites presuppose the existence of agreements with their administrators or owners, or the recommendation, promotion or identification of Smarkia with the declarations, contents or services provided.

Smarkia does not know the contents and services of the Linked Sites and therefore is not responsible for the damages produced by the illegal nature, quality, failure to update, unavailability, error and lack of utility of the contents and/or services of the Linked Sites or for any other damage that is not directly imputable to Smarkia.

4.4 Service quality

The access to the Portal does not involve the obligation by Smarkia to monitor the absence of virus, worms or any other hazardous computer element. In any case, the Users are responsible for the availability of suitable tools for the detection and disinfection of hazardous computer programs.

Smarkia is not liable for the damages produced in the computer equipment of the Users or of third parties during the portal service delivery.

5. Personal Data Protection

The data gathered through the Portal’s collection forms will be included in an automated file of data of personal nature for which Smarkia is responsible. This entity will process the data confidentially and exclusively with the goal of managing the relationship with your clients. Likewise, Smarkia will cancel, erase and/or block the data when it is inexact, incomplete or no longer necessary or pertinent to your goal, in compliance with that provided in the legislation in the matter of data protection. Pushing the 'send' button of the corresponding form, the Users agree expressly that their data may be used for sending commercial communications by email or any other medium. However, on each occasion of sending commercial communications, the sender will expressly indicate the procedure enabled to oppose sending new commercial communications.

In the data collection forms, the fields marked with asterisks are required so that in case the Users do not provide the corresponding data, Smarkia may at its sole discretion refuse the corresponding service.

The Users may revoke the consent given and exercise the rights of access, correction, cancellation and opposition directed to such effect at the address indicated in Clause 1.

Smarkia adopts the security levels required for the Regulation of Security Measures approved by Royal Decree 1720/2007, of December 21, by which is approved the Regulation for development of the Organic Law 15/1999, of December 13, of Protection of Data of Personal Nature. Despite the above, the technical security in a medium such as Internet is not unassailable and there may exist filtrations of harmful actions of third parties.

Smarkia may use common Internet technologies such as cookies or web beacons, during the portal service delivery with the goal of collecting information on the interaction of the users with the Company websites and emails. Cookies are automatic procedures for collecting information regarding the preferences determined by a user during your visit to a specific website. This information is recorded in small files that are kept in the users’ corresponding computer equipment imperceptibly. Once the users again have access to the website in question, these files are activated automatically so that the website is configured with the preferences indicated in previous visits. Definitely, the cookies are physical files of personal information hosted in the user’s terminal and unequivocally associated with this terminal. The Web beacons are labels embedded in the code of websites or emails that are used to obtain information about users’ navigation through Smarkia’s contents.

The Users have the possibility of configuring their navigator program to prevent the creation of cookie files or reports the moment in which this occurs. The Portal is accessible without the need to activate the options referring to the cookie files, but may prevent the proper functioning of security mechanisms for exclusive or specific services that require greater security. As a general rule, the goal of the cookie files of the Portal is to facilitate the Users’ navigation.

6. Communication of activities of illegal and inappropriate nature

In the case that the Users or any other Internet users have knowledge that the Linked Sites lead to pages, the contents or services of which are illegal, harmful, insulting, violent or contrary to morality, may contact Smarkia indicating the following details:

Personal data of the communicating party: name, address, telephone number and email address;

Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;

In the assumption of violation of rights, such as intellectual and industrial property, the personal data of the owner of the right violated when this is a different person from the communicating party. They must also provide the document that authenticates the owner of the rights and, if applicable, the representation to act on behalf of the owner when this is a person different from the communicating party;

Express declaration that the information contained in the claim is exact.

The receipt by Smarkia of the communication provided in this clause does not imply, pursuant to the LSSI, the effective knowledge of the activities and/or contents indicated by the communicating party.

The document must also be provided that authenticates the owner of the rights and, if applicable, representation to act on behalf of the owner when this is a different person from the communicating party; express declaration that the information contained in the claim is exact.

The receipt by Smarkia of the communication provided in this clause does not imply, pursuant to the LSSI, the effective knowledge of the activities and/or contents indicated by the communicating party.

7. Legislation

This Legal notice is ruled in each of its details by Spanish law.

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