LEGAL NOTICE
IDENTIFICATION DATA FROM THE SERVICES PROVIDER OF THE WEBSITE
In compliance with the provisions of article 10 of Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y del Comercio Electrónico, we inform you of the following:
This website is owned by FUNDACIÓN ETEA PARA EL DESARROLLO Y LA COOPERACIÓN (hereinafter, “FUNDACIÓN ETEA”), with registered office at Calle Escritor Aguayo, 4, 14004, Córdoba (Spain) and VAT NUMBER G14614937, registered at Registro de Fundaciones Asistenciales, under number 14/0179 and email info@fundacionetea.org.
1. INTRODUCTION
Access to the website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by users.
2. PURPOSE OF THE WEBSITE
Through the Website, FUNDACIÓN ETEA provides users with access to various contents, information and data made available to Users by the entity or by third party service and content providers. FUNDACIÓN ETEA reserves the right to modify at any time the presentation, configuration and location of the Website, as well as the Contents and the conditions required to use them.
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
3.1. Acceptance of legal notices, conditions and terms of use
The user undertakes to make appropriate and lawful use of the website and its contents, in accordance with the applicable legislation, the general conditions in force at all times, morality and generally accepted good customs required to use them.
FUNDACIÓN ETEA reserves the right to modify the Legal Notice at any time and without prior notice. Therefore, the user is obliged to review this Legal Notice each time he/she accesses the WEBSITE.
3.2. Prohibition of dissemination of the contents and information provided
Users undertake to use the Contents in a diligent, correct and lawful manner and, in particular, undertake to refrain from:
- Use the Contents in a manner, for purposes or with effects contrary to the Law, uses and public order.
- Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents, unless authorised by the owner of the corresponding rights or it is legally permitted.
- Delete, evade or manipulate the copyright and other data identifying the rights of FUNDACIÓN ETEA or its owners included in the Contents, as well as the technical protection devices or any information mechanisms that may be included in the Contents.
- Use the Contents and, in particular, information of any kind obtained through the Website or the Services to send advertising, communications for direct sales purposes or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to refrain from marketing or disclosing such information in any way.
ETEA FOUNDATION will pursue the breach of the above conditions, as well as any improper use of the contents presented on its website, exercising all legal actions: civil and criminal that may correspond to it.
3.3. Entering Links or Hyperlinks
Users who wish to establish a hyperlink or link between their web page and the Site (hereinafter, the hyperlink), must obtain prior authorisation from FUNDACIÓN ETEA, and comply, as a minimum, with the following conditions:
- The Hyperlink will only allow access to the Site, but may not reproduce it in any way.
- No false, inaccurate or incorrect statements or indications shall be made about the Page and the Services and, in particular, it shall not be stated or given to understand that FUNDACIÓN ETEA has authorised the Hyperlink or has supervised or assumed in any way the contents or services offered or made available on the web page where the Hyperlink is established.
- With the exception of those signs that form part of the Hyperlink itself, the web page on which the Hyperlink is established shall not contain any trademark, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to FUNDACIÓN ETEA.
- The web page in which the Hyperlink is established shall not contain illicit information or content, contrary to morality, generally accepted good customs and/or public order, nor shall it contain content contrary to the nature and purposes of FUNDACIÓN ETEA or any third party rights. The establishment of the Hyperlink does not imply in any case the existence of a relationship between FUNDACIÓN ETEA and the owner of the website in which it is established, nor the acceptance and approval by FUNDACIÓN ETEA of its contents or services.
3.4. Use of the Site, Services and Content is at the sole responsibility of the Users.
Users are aware and voluntarily accept that the use of the Website, Services and Content is, in any case, under their sole and exclusive responsibility.
In particular, FUNDACIÓN ETEA does not guarantee the continuity, availability and usefulness of the PORTAL, its Services and Content. Therefore, it is not liable for possible damages of any nature that may arise for users. This is without prejudice to the provisions of the Particular Conditions.
FUNDACIÓN ETEA does not guarantee the absence of viruses or other elements that may cause alterations in the users’ computer system or in the electronic documents or files stored therein.
FUNDACIÓN ETEA does not guarantee the legality, reliability, truthfulness, accuracy, completeness and timeliness of the Contents.
Therefore, FUNDACIÓN ETEA is not liable for possible damages of any nature that may arise for users, and in particular, but not exclusively, for damages that may be due to:
- Failure to comply with the Law, morality, generally accepted customs and/or public order as a consequence of the provision of services by third parties through the Site;
- Infringement of intellectual and/or industrial property rights, business secrets, contractual commitments of any kind, the rights to honour, personal and family privacy and personal image, property rights and any other rights belonging to a third party as a consequence of the provision of services by third parties through the Site;
- The carrying out of acts of unfair competition and illicit advertising as a consequence of the provision of services by third parties through the Site;
- The lack of truthfulness, accuracy, completeness, relevance and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible through the services provided by third parties through the Site;
- The non-fulfilment, delay in fulfilment, defective fulfilment or termination for any reason of the obligations contracted by third parties and contracts made with third parties in relation to or in connection with the provision of services through the Site;
- Vices and defects of any kind in the services provided by third parties through the Site.
3.5. Intellectual and/or Industrial Property Rights
All industrial and intellectual property rights that appear on this website, as well as its contents (texts, logos, images, sounds, audio, video, software,…) are the exclusive property of FUNDACIÓN ETEA, or their use has been authorised by their owners.
Article 34 of Ley 17/2001, de 17 de diciembre, de Marcas, as well as other national legislation that may be applicable, guarantees the exclusive right to use the aforementioned distinctive signs in the course of trade. Consequently, their use by third parties without authorisation is prohibited.
The user may view all the elements, print them, copy them and store them on the hard disk of his/her computer or on any other physical medium as long as it is solely and exclusively for his/her personal, private and non-profit use; provided that in all cases the origin and/or author of the same is indicated and that, where applicable, the copyright symbol and/or notes on industrial property of the owners appear. Therefore, their use for commercial purposes, their distribution, as well as their modification, alteration or decompilation is strictly forbidden. For any other use, the authorisation of the owners is required.
Users must abstain from obtaining, or even attempting to obtain, information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material accessible through the Site or the Services (hereinafter, the “content”) by using means or procedures other than those which, as the case may be, have been made available to them, as the case may be, have been made available for this purpose or have been indicated for this purpose on the Page or, in general, those normally used on the Internet for this purpose, provided that they do not entail a risk of damage or use of the Page, the Services and/or the Contents.
FUNDACIÓN ETEA does not grant any licence or authorisation of use of any kind on its intellectual and/or industrial property rights or on any other property or right related to the Page, the Services or the Contents.
Likewise, in relation to the images that FUNDACIÓN ETEA may publish on the Portal, it declares that it has the consent of the persons who appear in them, having been previously informed of the destination of the same in the legally established terms, being adequate, pertinent and not excessive, in accordance with their purpose.
On the other hand, it should be borne in mind that the right to one’s own image will not prevent graphic information on a public event or occurrence when the image of a specific person appears as merely incidental, as well as in the case of persons who hold a public office or exercise a profession of public renown or projection and the image is captured during a public act or in places open to the public, except in the case of authorities or persons who perform functions which by their nature require the anonymity of the person who performs them.
4. EXCLUSION OF WARRANTIES AND LIABILITY
4.1. Disclaimer of warranties and liability for services and content hosted outside the SITE
FUNDACIÓN ETEA
is not directly or secondarily liable for damages of any nature that may arise for users for this reason.
The Site places or may place at the disposal of users technical linking devices (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. The installation of these links, directories and search tools on the Page has the sole purpose of facilitating users’ search for and access to information available on the Internet.
FUNDACIÓN ETEA does not previously control, approve, monitor or make its own the products and services, contents, information, data, files and any kind of material existing in the aforementioned linked sites. Users, therefore, should exercise extreme caution when evaluating and using the services, information, data, files, products and any kind of material existing in them.
FUNDACIÓN ETEA does not guarantee or assume any type of responsibility for damages of any kind that may be due to:
The quality of the service, the speed of access, the correct functioning or the availability or continuity of the functioning of the linked sites.
The maintenance, provision or transmission of the services, information, data, files, products and any kind of material existing on the linked sites.
4.2. Exclusion of guarantees and responsibility for the use that users may make of the SITE, its services and contents.
FUNDACIÓN ETEA does not control or supervise that users use the SITE, its services and contents in accordance with the provisions of these General Conditions and the applicable Special Conditions. Therefore, it does not assume any type of liability to third parties for the behaviour of users.
FUNDACIÓN ETEA does not guarantee or assume any type of liability for damages of any kind that may be due to:
- The quality of the service, the speed of access, the correct functioning and the availability and continuity of the functioning of the website.
- Illegitimate intrusions through the use of malware of any kind and through any means of communication.
- Security or browsing errors caused by a malfunction of the browser or by the use of non-updated versions.
- Cases in which a third party, in breach of the established security measures, accesses the messages or uses them to send computer viruses.
- The carrying out of any type of illicit, harmful, harmful and/or damaging action.
4.3. Liability for damages
Users shall be liable for damages of any kind that FUNDACIÓN ETEA may suffer, directly or indirectly, as a result of non-compliance with any of the obligations derived from the General Conditions and, where applicable, from the Specific Conditions or the Law, in relation to.
4.4. Acceptance of these General Terms and Conditions
The acceptance of the present General Conditions by the Users is an indispensable and obligatory precondition for, where applicable, being able to benefit from the Services contained therein. Users declare, under their own responsibility, that they have read the present General Conditions of Access and Use of the Website in its entirety, and confirm their acceptance.
FUNDACIÓN ETEA may modify the content of these conditions of use and privacy policy at any time, in order to adapt them to future legislative or technological changes.
5. APPLICABLE LAW AND JURISDICTION
These General Conditions shall be governed by their own stipulations and, where not provided for therein, by Spanish Law. In the event of any dispute or conflict that may arise from the interpretation or fulfilment of these general conditions, both parties expressly waive any other jurisdiction that may correspond to them and agree to submit to the jurisdiction of the Courts and Tribunals of Cordoba, Spain.