1. Legal information and acceptance
In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the company’s identification details are set out below. The present Internet portal is put at the service of the users by the entity, whose identifying data are
FUNDACION ANDRES OLIVARES
Plaza de las Flores, 4, Málaga C.P. 29005
This legal notice sets out the general conditions governing access to and use of this website, hereinafter referred to as “the website”. The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses it, without prejudice to the particular conditions that may apply to some of the specific services of the website.
Access to the website is free except for the cost of connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive to our customers and access to them is restricted.
The use of the Portal attributes the condition of user of the Portal (hereinafter, the ‘User’) and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time when the User is connected to the Portal or to any of the services provided through it. Therefore, the User must read attentively the present Legal Warning in each one of the occasions in which it is proposed to use the Web site, since this one and its conditions of use gathered in the present Legal Warning can undergo modifications.
Some of the services of the Portal accessible to Internet users or exclusive to the clients of FUNDACION ANDRES OLIVARES, may be subject to particular conditions, regulations and instructions that, if applicable, substitute, complete and/or modify this Legal Notice and which must be accepted by the User before the corresponding service is provided.
2. Intellectual and industrial property
This website and its contents are protected by current legislation on intellectual property.
FUNDACION ANDRES OLIVARES is the owner or licensee of all the intellectual and industrial property rights of its website, as well as of the elements contained therein. Therefore, the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, without the authorisation of Terms and Conditions, is expressly prohibited.
The brands, commercial names or distinctive signs are the property of FUNDACION ANDRES OLIVARES or third parties, and access to the Portal shall not be construed as conferring any right to the aforementioned brands, commercial names and/or distinctive signs. The registered trademarks are as follows:
|Date of registration||29/06/2017|
All the products and services on these pages that are NOT property of FUNDACION ANDRES OLIVARES are registered trademarks of their respective owners and are recognised as such by our company. They only appear on the FUNDACION ANDRES OLIVARES website for the purposes of promotion and information gathering. These owners may request the modification or elimination of information belonging to them.
3. Conditions of use of the portal
The User is obliged to make correct use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to FUNDACION ANDRES OLIVARES or to third parties for any damages that may be caused as a result of non-compliance with this obligation.
It is expressly forbidden to use the Portal for purposes that are harmful to the property or interests of FUNDACION ANDRES OLIVARES or third parties or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or computer products and applications (software) of FUNDACION ANDRES OLIVARES or third parties.
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
In accordance with current legislation, the User must abstain from, but not limited to
Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in the cases authorised by law or expressly consented to by FUNDACION ANDRES OLIVARES. or by whoever holds the ownership of the exploitation rights, as the case may be.
Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily involve reproduction by the User or a third party.
Extract and/or reuse all or a substantial part of the Contents that make up the Portal as well as the databases that FUNDACION ANDRES OLIVARES makes available to Users.
3.3 Introduction of links to the portal
Internet users who wish to introduce links from their own web pages to the Portal must comply with the conditions detailed below, without being unaware of them, and without avoiding the responsibilities derived from the Law:
The link will only connect with the home page or main page of the Portal but it cannot reproduce it in any way (online links, copy of the texts, graphics, etc).
In any case, in accordance with the applicable legislation in force at any given time, it is forbidden to establish frames of any kind that surround the Portal or allow the Contents to be viewed through Internet addresses other than those of the Portal and, in any case, when they are viewed together with contents that do not belong to the Portal in such a way that (I) it produces, or may produce, error, confusion or deceit in users about the true origin of the service or Contents; (II) it involves an act of comparison or unfair imitation; (III) it serves to take advantage of the reputation of the brand and prestige of FUNDACIÓN ANDRES OLIVARES; or (IV) in any other way it is prohibited by current legislation.
No false, inaccurate or incorrect statement about FUNDACION ANDRES OLIVARES, its partners, employees, clients or the quality of the services it provides shall be made from the page that introduces the link.
Under no circumstances will it be stated on the page where the link is located that FUNDACION ANDRES OLIVARES has given its consent to the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender.
The use of any word, graphic or mixed mark or any other distinctive sign of FUNDACIÓN ANDRÉS OLIVARES within the sender’s page is prohibited except in the cases permitted by law or expressly authorised by FUNDACIÓN ANDRÉS OLIVARES and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
The page that establishes the link must comply faithfully with the law and may not under any circumstances provide or link to its own content or that of third parties that (I) are illicit, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.) ); (II) induce or may induce in the User the false conception that FUNDACION ANDRES OLIVARES subscribes to, backs, adheres to or in any way supports the ideas, statements or expressions, whether licit or illicit, of the sender; (III) are inappropriate or not pertinent to the activity of FUNDACION ANDRES OLIVARES in view of the place, contents and subject matter of the sender’s web page.
4. Exclusion of responsibility
Access to the Portal does not imply an obligation on the part of the ANDRES OLIVARES FOUNDATION to check the truthfulness, accuracy, suitability, exhaustiveness and currency of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of a legal advice service or of any kind, and therefore this information is insufficient for the User to make personal or business decisions.
FUNDACION ANDRES OLIVARES shall not be held responsible for the decisions taken based on the information provided in the Portal nor for the damages caused to the User or third parties due to actions based solely on the information obtained in the Portal.
4.2 Quality of service
Access to the Portal does not imply an obligation on the part of FUNDACION ANDRES OLIVARES to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.
FUNDACION ANDRES OLIVARES shall not be liable for any damage caused to the computer equipment of the Users or third parties during the provision of the Portal service.
4.3 Service availability
Access to the Portal requires services and supplies from third parties, including transport via telecommunications networks whose reliability, quality, continuity and operation do not correspond to FUNDACION ANDRES OLIVARES. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.
FUNDACION ANDRES OLIVARES shall not be liable for any damages of any kind caused to the User due to faults or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Portal service during the provision of the same or prior to it.
4.4 Of the contents and services linked through the Portal
The Portal access service includes technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter ‘Linked Sites’). In these cases, FUNDACION ANDRES OLIVARES acts as an intermediary service provider in accordance with article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce (LSSI) and shall only be responsible for the contents and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, he or she may notify FUNDACION ANDRES OLIVARES in accordance with the procedure and effects established in clause 6, without this notification entailing any obligation to remove the corresponding link.
Under no circumstances shall the existence of Linked Sites presuppose the existence of agreements with the persons responsible for or holders of the sites, nor the recommendation, promotion or identification of FUNDACION ANDRES OLIVARES with the statements, contents or services provided.
FUNDACION ANDRES OLIVARES is not aware of the contents and services of the Linked Sites and therefore shall not be liable for any damage caused by the illegality, quality, lack of updating, unavailability, error or uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to FUNDACION ANDRES OLIVARES.
5. Data protection
You can consult our Data Protection policy to find out how we use your personal data.
6. Communication of illicit and inappropiate activities
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose content or services are illegal, harmful, denigrating, violent or immoral, he/she may contact FUNDACION ANDRES OLIVARES indicating the following points:
Personal data of the communicator: name, address, telephone number and e-mail address;
Description of the facts that reveal the illicit or inappropriate nature of the Linked Site;
In the event of violation of rights, such as intellectual and industrial property, the personal data of the owner of the right infringed when it is a person other than the communicator.
Likewise, the title accrediting the legitimacy of the holder of the rights must be provided and, if appropriate, the title of representation to act on behalf of the holder when it is a person other than the communicator;
Express declaration that the information contained in the claim is accurate.
The receipt by FUNDACION ANDRES OLIVARES of the communication provided for in this clause shall not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the caller.
Likewise, the title accrediting the legitimacy of the holder of the rights must be provided and, if applicable, the representation to act on behalf of the holder when it is a person other than the communicator; express declaration that the information contained in the claim is accurate.
All notifications and communications made by the parties shall be valid in accordance with the means allowed by law. Those relating to this Portal will be considered effective, for all purposes, if they are made through the Portal itself.
FUNDACION ANDRES OLIVARES reserves the right to make any changes it considers appropriate to its website without prior notice, and may change, remove or add both the content and services provided through the website and the way in which they are presented.
On the other hand, these terms and conditions may change at any time. The modifications will come into force from the moment of their publication.
This Legal Notice is governed in each and every one of its aspects by Spanish law. As long as the applicable law allows the renouncement of the established legal jurisdiction, the courts of Malaga are designated as the jurisdiction to settle possible disputes, and the user expressly renounces any other jurisdiction that may correspond.
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