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CONDITIONS OF USE OF THE WEBSITE

INDEX

1.- Who we are.

2.- What is regulated by the Conditions.

3.- Information prior to accessing the services of the Website.

4.- General characteristics of the services.

5.- How to use the Website.

6.- Forms of participation in the Website.

7.- Intellectual and Industrial Property.

8.- Policy regarding links.

9.- Protection of personal data and policy regarding cookies.

10.- What you can do if you find illegal or unsuitable content.

11.- Responsibilities.

12.- Miscellaneous.

1.- Who we are.

This web page (“Website”) has a URL address and is operated by the company (“Company”). The Website and the Company can be identified by the data provided in the Legal Notice section..

2.- What is regulated by the Conditions.

These conditions of use (“Conditions”) regulate the access and use of the company’s services and the information we make available to you as users (“User/s”) of the Internet network via the Website (in any of its modalities, applications etc., and for any type of device – fixed or mobile – through which the Website is accessed). They also regulate, in general, the relationship between you, the Users, and the Website, with the exception of other particular or specific communications, conditions and instructions of which you may be notified.

Accessing or merely using the Website implies that as Users you adhere to the Conditions which may be published at any time on the Website and are available for Users to read. You should read these carefully. You can save or print the Conditions at any time, and we advise you to do this.

3.- Information prior to accessing the services of the Website.

Before using the services of the Website or registering yourself as a User, you expressly state that you are a person with the ability to discern, that you have entered the Website of your own volition and that you have not been coerced into doing so, that you choose services exclusively on your own account and at your own risk, and that you expressly accept these Conditions, Privacy Policy y Policy regarding Cookies, in addition to any other notices and instructions, communications or particular conditions, of which you may be notified.

With regard to the conditions regarding other services of the Website, these same Conditions apply to the provision of those services unless contradicted by their own particular conditions.

You should be aware that communications via open networks are exposed to threats which mean that they are not secure. The Company takes all suitable security measures to ensure that the Website operates correctly. However, the User should adopt all technical measures possible to reasonably control these threats (for example, using the latest systems to detect malicious software, such as viruses, Trojans etc, and updating the security patches of the relevant search engines). As a User, you are solely and exclusively responsible for your own use of the Website and the services and, being aware of this, you voluntarily accept this responsibility.

Use by children.

With regard to children navigating on the Website, except as indicated in the paragraphs above, the Users are warned that the Company cannot control the use of the Website and its services by children. For that reason the Website, the Company and the business Group, as well as accepting no responsibility whatsoever in this respect, advise that parents and guardians are solely responsible for controlling and assisting children in the navigation of this Website. They are also responsible for using any necessary mechanisms which, if relevant, will stop children accessing the Website and/or its services. The Company will accept no claims in this respect.

Access codes and similar.

If a service on the Website requires access codes or user names, you will choose and indicate your own (user name, password or similar), without prejudice to other data which may be requested on the corresponding form. You may not use vulgar or insulting words, expressions or graphic-denominative combinations, or those which coincide with brand names, commercial names, signs of establishments, social denominations, advertising expressions, names and pseudonyms of people in public life or famous people without authorisation and, in general, anything which contravenes the law, is immoral, or does not meet generally accepted standards of behaviour.

A user name is assigned automatically once the User has chosen it. If the one you request has been reserved, you will need to choose a new one.

The User promises to use the access codes properly and not to make them available to third parties. The Company must be notified if the access codes are lost or stolen and if they could possibly be used by a third party.

As the User you are solely and exclusively responsible for your identification to access the service. If your user’s secret access code (password) or user name is used by a third party, used badly or forgotten, this will be your sole and exclusive responsibility.

General characteristics of the services.

The services which you can access on the Website are, as a general rule, free of charge so Users do not have to pay anything to enjoy them, apart from the cost of the connection via the telecommunications network provided by your contracted supplier. However, despite this, access to certain content on the Website may not be free of charge, depending on other factors such as the volume of access by the User or the type of content. In that case you will be advised accordingly and, where relevant, asked to subscribe or register.

Content or services offered by third parties.

Through the Website you can access other services from the same Company or services offered by collaborators, which will have their own general conditions of use or contracting. These will specify whether they are free of charge or have to be paid for, and the Company bears no responsibility in this respect.

In accordance with article 17 of Law 34/2002 of 11 July regarding companies’ information and electronic commerce services (“LSSI”), unless the Company has effective knowledge that an activity or information contained on the Website, or on the website to which you are directed, is illegal or damages the property or rights of a third party which may be eligible for protection, the Company will not be responsible for the information offered on or from the Website by third parties or Users.

5.- How the Website should be used.

The Users promise to use the services, channels and all content of the Website in accordance with these Conditions, the law, morality, generally accepted standards of behaviour and public order.

You are also obliged not to use the Website for ends or effects which are fraudulent, illegal, contrary to the terms of these Conditions, harmful to the rights and interests of the Company or third parties, or which in any way could damage, disable, overload or deteriorate the services and channels of the Website and its contents or impede the normal use, functioning or enjoyment of the same by the Users; nor will you modify or alter in any way either the content or other elements of the Website. You thereby promise not to carry out any of the following activities:

  • i) Send any type of advertising or communication to the Website with the aim of selling it or others of a commercial nature, or send it to a plurality of people who are users of the Website without prior application and consent.
  • ii) Send any other unsolicited messages without prior consent to a plurality of people who are users of the Website.
  • iii) Send chains of unsolicited electronic messages to users of the Website without prior consent.
  • iv) Use any distribution lists which may be accessed via the Website or its services and channels to carry out the activities indicated in sections i) to iii) above.
  • v) Make available to third parties, for any reason, data acquired from distribution lists.
  • vi) Obtain or attempt to obtain information and any type of material accessible via the Website or its services or channels, using processes for this purpose which are distinct from those placed at your disposition.
  • vii) Make incorrect use of the contents of the Website, use them for purposes which differ from those for which they are intended, reproduce them, modify them or transform them.
  • viii) Store, publish and/or transmit data, texts, images, archives, links, software or other contents which are considered objectionable under the law or are considered to be so by the Company because they are illegal, damaging, threatening, abusive, defamatory, vulgar, obscene, racist or objectionable in any way, or anything which may cause harm of any type to under-age children, especially pornography, tributes to violence or which could be dangerous in any other way for young people.
  • ix) Hinder other Users’ access to the service by mass consumption of the IT resources through which the Company provides the service, or carry out actions which damage, interrupt or generate errors in the said systems or services.

In addition, we inform you that the Website is principally financed by income from publicity messages and announcements, through which advertisers publicise their products and services on the Website. By accessing the Website as a User, you agree to receive this information. For this reason, as a necessary condition for using the Website, it is not permitted to install or use any type of technology which could in any way impede access to and/or the receipt of the Website contents in their entirety (whether these are informative, advertising or any other type). The Company reserves the right to restrict, suspend or impede access to the Website for any Users who do not respect the above, and the Company will take any technical measure it deems necessary for this purpose.

Users are informed that in the event that they do not comply with these Conditions, the Privacy Policy y Policy regarding Cookies or any other particular terms and conditions of the Website, the Company reserves the right to restrict, suspend or end access to the Website, using any technical measure which may be necessary for this purpose.

Finally, we advise Users that the Company reserves the right to decide, at any time, whether or not to continue the services of the company and the information provided via the Website.

6.- Forms of Participation on the Website.

Users may participate in the Website in the sections which are set up for this purpose (for example blogs, forums, chats, comments, sharing etc.). The Company only provides these areas for participation and cannot take part in them in any way, so the contributions or opinions of the Users are their own responsibility. Allowing Users to make these contributions in no way signifies that the Company identifies with or shares the ideas, opinions or statements expressed. The Users are obliged to use these areas in accordance with the terms in section 5 above, ‘How the Website should be used’. Simply by posting comments or by participating in these areas, you irrevocably authorise, free of charge and without restriction, the Company and its business group to publish the most outstanding comments in its print editions (whether online, offline or via any other medium) or on the websites of the same.

The Company reserves the right to suspend or eliminate any contributions or comments which do not comply with current regulations or these Conditions.

Users who send images, photos, comments etc. guarantee that they are the owner of the same and have all necessary authorisations (especially in the case of data or images of third parties, and in particular if they are under-age children) so that the Company can use the Website, freely and with no associated charge whatsoever, to reproduce, distribute, make available to others and communicate them publicly. The Users, guaranteeing that they hold these rights, grant the Company and its group free and unlimited use of the material.

If, directly or through notification or complaints from third parties, illegal practices or similar are discovered, the Company will remove the offending content or take any other measure it considers necessary to prevent the situation continuing. Identical measures will be applicable if a use is detected which, because of its characteristics such as size, format etc., complicates the functioning of the Website, or if the content and/or links contain propaganda or spam, or if comments are repeated, do not make sense or are on a different topic. Without prejudice to the above, the Users agree that the Company will be able to notify the administrative or judicial authorities about anything which could constitute an illegal activity, without having to notify the User in advance.

In the event that the Company decides to suspend (temporarily or definitively) a User’s participation in the areas where participation is possible, the Company will inform the User of this suspension by sending them a message via email, if they have previously provided an email address.

The Company reserves the right to cease to provide the service in any area of participation at any time, merely by communicating this fact on the access screen to the service at least fifteen (15) days in advance.

7.- Intellectual and Industrial Property.

The rights of intellectual property of the Website, its source code, design, navigation structures and different elements of the content are the property of the Company. The Company has exclusive rights to use these in any way, and especially the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish and European Union legislation. At the same time, the Website consists of information of different types related to the activities of the Company (information created by the Company or created by third parties), which permits the Users to make personal and non-commercial use of it.

ALL RIGHTS ARE RESERVED with regard to the contents of the Company, the Media, other companies within the group of which the Company forms part, or third parties. It is prohibited to reproduce totally or in part, distribute, make available, communicate publicly or use, totally or in part, the contents of this website, in any way or form, without previous and express authorisation in writing. This includes, in particular, simply reproducing any content and/or making it available as a summary, comment or press review for commercial or directly or indirectly lucrative purposes, which is expressly forbidden. The presentation of pages from the Website is also prohibited, nor may images from the Website be displayed on pages which do not belong to the Company (no matter what technique is used). The unauthorised use of these contents will give rise to legally established responsibilities. The Company, in accordance with the LSSI, will not be responsible for any infractions committed by the User of the Website which affect third parties, unless it had “effective knowledge” of the said infraction. The Company informs Users that, without previous and express authorisation in writing, no licence or express or implicit authorisation will be granted regarding the rights of intellectual and/or industrial property, or regarding any other right or property related directly or indirectly with the contents included on the Website, and any alteration or modification of the contents or any other element of the Website is also prohibited.

In the case that Users place content onto the Website, the Company informs you that you will still retain ownership of the rights over your content if, when loading or publishing content on the Website (the “Content”), you agree to grant the Company a worldwide licence, which is non-exclusive and transferable (with the faculty of sub-licencing to third parties), for the maximum duration of rights in accordance with the applicable legislation. This licence authorises the Company to use, reproduce and distribute the Content, communicate it publicly (including making it available to the public), carry out works deriving from it, transforming, displaying and executing this Content in relation to the provision of the services of the Website, the functioning of the Website and the activity of the Company. It includes, with no restriction whatsoever, the promotion and redistribution of the Content (and works deriving from it) on the whole or part of the Website in any format and/or methods of operation and through any channel of communication. The licence granted by the User with regard to the content they provide will cease to be effective when the User eliminates or erases their content on the Website.

All commercial names, brands or distinctive signs, logos, symbols, combined figurative or nominative brands which appear on this Website belong to the Company, or it holds the licences for use of the same.

8.- Policy regarding links.
Links to other websites.

The Website may include links to sites controlled by third parties. The User should remember that when they use a link to access another website from this one, the Website’s Privacy Policy and Policy regarding Cookies will cease to have effect. The Website’s Privacy Policy does not apply to third party sites. In accordance with article 17 of the LSSI, unless the Company has “effective knowledge” of an illegal deed being carried out, or one which damages the property or rights of a third party who may be eligible for compensation, it holds no responsibility of any type with regard to other websites’ privacy and treatment of data. Navigation of and interaction with any other website, including those with links on this Website, are subject to the regulations and policies of that site. We recommend that Users read the other websites’ policies regarding treatment of data and privacy when they visit them via a link on the Website or any other method.

Links from other websites to this Website.

If any third party, entity or website wishes to establish any type of link to this Website, they should respect the following:

  • - The link should be directed to the principal page of the Website.
  • - The link should be absolute and complete; in other words, it should take the User, via a click, to the URL of the Website, showing the whole of the screen. Under no circumstances, unless the Company expressly authorises it in writing, may the website which places the link reproduce the Website in any way, include it as part of its own website or in one of its ‘frames’ or create a ‘browser’ on any of the pages of the Website. The page where the link is located must not state that the Company has authorised such a link, unless this has been expressly authorised in writing by the Company. If the entity which is placing the link via its page to the Website wishes to include the brand, denomination, commercial name, sign, logo, slogan or any other type of identifying feature of the Company and/or the Website, it must have express authorisation in writing before doing so.
  • - Under no circumstances does the Company authorise a link to the Website from any web pages which manifestly promote hate, contempt or discrimination for reasons of birth, race, gender, religion, nationality, opinion or any other personal or social circumstance in general which contravenes morality, public order or generally accepted social rules.

The Company takes no responsibility for any aspect of a web page which places a link to the Website, specifically and without limitation regarding its operation, access, data, information, archives, quality and reliability of its products and services, its own links and/or any of its contents in general.

9.- Protection of personal data and policy regarding cookies.

Aspects relating to the treatment of Users’ personal data when using the Website are regulated in the texts of thePrivacy Policy and the different data collection forms on the Website.

Like other Internet portals, the Website uses technology called “cookies” to collect information about the way the Website is used. For detailed information about how the Company uses cookies, consult the Policy regarding Cookies.

10.- What you can do if you detect illegal or unsuitable contents.

If you discover that any type of information or content on the Website, or content which is facilitated through it, is illegal, harmful to the rights of third parties, contravenes these Conditions or is any another way damaging or contrary to morality, use and custom, you can contact us as explained in the Legal Notice, giving:

  • - your identity and contact details;
  • - a description of why you think the content or information is illegal or unsuitable and the specific details of where it can be seen;
  • - in the case of an alleged violation of third party rights, you should give details of the person who holds the right which has been infringed if it is somebody other than yourself. You should also provide evidence to prove ownership of the rights which may have been infringed and, where applicable, authorisation for you to act on behalf of the person who owns those rights if it is somebody other than yourself.

The fact that the Company has received the communication referred to in this clause does not imply effective knowledge of the activities and/or the content reported, when it is not obvious or evident. In any case, the Company reserves the right to suspend or remove contents which, although not illegal, contravene the regulations established in these Conditions, and will consider any legal responsibilities in each case.

11.- Responsibilities.

Given the way the Internet operates, the Company holds no responsibility for:

  • - A lack of availability and continuity regarding the operation, use and reliability of the services and the Website, nor services which have to be paid for or are not free for Users, deriving from an Act of God, force majeure or which are not directly attributable to the Company.
  • - Any alteration of privacy and security in the use and contents of the Website and its services by third parties which are unconnected to it, in accordance with current legal regulations.
  • - The presence of a virus or presence of other false elements in services offered by third parties via the Website which may produce alterations to the IT system, electronic documents or user files.
  • - Any lack of veracity, precision, exclusivity or topicality of the contents offered by the Website, whether these contents are offered by the Company itself or by third parties, unless the Company has “effective knowledge” that an illegal deed has been committed or the property or rights of a third party have been damaged.

The Company is not responsible for damages or prejudices caused to Users as a consequence of the inherent risks in the medium used, nor for those caused by vulnerabilities in their systems and tools which derive from an Act of God, force majeure or are not directly attributable to the Company.

The Company does not guarantee total security of its systems, and although it has adopted adequate security measures the existence of vulnerabilities through a cause of force majeure or a fortuitous event cannot be discounted. As a result, you should always be cautious in your interaction with the Website.

12.- Miscellaneous.

These Conditions are subject to change, and any changes will be notified by being published on the Website.

In the event that the Company does not exercise any right or legal action included in the Conditions (or which correspond to it under current legislation), this will not indicate that it is giving up its rights.

The relations between the Company and the Users as a result of using the services we provide to you through the Website will be regulated by current Spanish law regarding applicable legislation and competent jurisdiction. However, if under current legislation the parties may submit themselves to a particular jurisdiction, the Company and the Users, expressly renouncing any other jurisdiction which may correspond to them, submit themselves to the jurisdiction of the Courts and Tribunals of the city which is indicated in the Legal Notice.