Marca Extremadura
Legal Disclaimer
18th June, 2010
Contents
1.- Legal Information and Acceptance
2.- Intellectual and Industrial Property
3.- Conditions of Use of the Extremadura Trademark Website
3.1.- General
3.2.- Contents
3.3.- Information Collection Forms
3.4.- Linking to the Extremadura Trademark Website
4.- Limited Liability
4.1.- For Information
4.2.- For Service Quality
4.3.- For Service Availability
4.4.- For Contents and Services Linked to the Extremadura Trademark Website
5.- Personal Data Protection
6.- Reporting Illegal or Inappropriate Activities
7.- Publicity
8.- Legislation and Jurisdiction
1.- Legal Information and Acceptance
This legal disclaimer regulates the use of the Website of the strategic programme Extremadura Trademark on the Internet (hereafter referred to as the Extremadura Trademark Website) that the Sociedad de Gestión de la Imagen de Extremadura S.A.U. (hereafter referred to as SGIEX) makes available to Internet users.
Sociedad de Gestión de la Imagen de Extremadura S.A.U., tax identification number A06455497, registered at the Mercantile Register in Badajoz, Sheet 86 of Volume 337, Page number VA-16.168, Registration 1ª, and with a registered office at Plaza de España Nº 3 in Mérida, Badajoz, Spain, marcaextremadura@marcaextremadura.es, Telephone +34 924387250 and Fax +34 924319682.
Access to the web page and all its contents is free except for the costs related to connecting to the Internet, a service provided by telecommunications companies and contracted by users. Notwithstanding the former, SGIEX reserves the right, in accordance with current legislation, to restrict access to certain areas of the Extremadura Trademark Website or to make them subject to prior registration on behalf of users who must submit all the information requested, which must be up to date and real. Should this be the case, Users will choose their own user name and password, which under no circumstances may contain expressions, words or combinations of letters, signs, numbers or symbols that could be insulting, unlawful immoral or indecent, nor can they coincide with brand names, labels, publicity slogans, names or pseudonyms of public figures or celebrities without their authorisation. User passwords are for personal use only and are non transferrable and may not be assigned temporarily or permanently to third parties. For this reason, Users promise to make diligent use of their passwords and keep them secret, assuming the full liability derived from disclosure to third parties.
Use of the Website entails the status of Extremadura Trademark Website User (hereafter referred to as the User) and assumes acceptance to all effects of each and every condition of fact and law included in this Legal Disclaimer. The services procured by the Extremadura Trademark Website have a limited duration from the moment the User is connected to the Extremadura Trademark Website or to any of the services procured by said website. Therefore, the User must read this Legal Disclaimer carefully every time he/she plans to use the Extremadura Trademark Website, as the conditions of use included herein may undergo changes.
Some of the services of the Extremadura Trademark Website that are available to Internet users may be subject to specific conditions, regulations and instructions that, if applicable, substitute, complete and/or modify this Legal Disclaimer and which should be accepted by the User before initiating the service in question.
2.- Intellectual and Industrial Property
All the contents of the Extremadura Trademark Website, understanding contents hereafter as texts, photographs, graphics, pictures, icons, technology, software, links and other audiovisual or sound material, along with its graphic design and font codes are the intellectual property of SGIEX or its licensers. Such rights shall not be deemed licensed to the User, pursuant to the current legislation, save to the extent strictly necessary for the correct use of the Website.
Trademarks, brand names or distinguishing features are the property of SGIEX or the institutions, organisations or individuals who are legitimate representatives and the fact they are included in the Website does not result in access conveying users any rights whatsoever with regard to said trademarks, brand names and/or distinguishing features.
3.- Conditions of Use of the Extremadura Trademark Website
3.1.- General
On accessing the contents of the Extremadura Trademark Website, Users agree to employ information properly in accordance with the legislation that is applicable and the present Legal Disclaimer. Users will be held responsible by SGIEX and/or institutions, organisations or individuals for any damages that may result from failing to comply with this obligation.
The use of the Extremadura Trademark Website to damage the assets or interests of SGIEX, the Extremadura Trademark programme, institutions, organisations or individuals or to overload, damage or render useless the networks, servers and computer equipment (hardware) or products and computer programmes (software) belonging to any of the foregoing is expressly prohibited.
3.2.- Contents
The User agrees to use the Contents in accordance with the Law and this Legal Disclaimer, and the rest of the conditions, regulations and instructions that may apply in keeping with the provisions of clause 1.
Purely for information purposes, the User, in accordance with current legislation, must not:
- Reproduce, copy, distribute, make available to public access, publicly communicate, transform or modify the Contents except when authorised by law or following the express permission of SGIEX or the holder of the exploitation rights if applicable, following prior consent from SGIEX..
- Reproduce or copy for private use the contents that can be considered software or databases in accordance with current legislation regarding intellectual property, or publicly communicate them or make them available to third parties when such acts necessarily imply reproduction on behalf of the User or a third party.
- Extract and/or reuse all or a substantial part of the Contents that make up the Extremadura Trademark Website, as well as the databases that SGIEX makes available to Users.
3.3.- Information Collection Forms
Subject to the provisions in clause 5 of this Legal Disclaimer, as well as the privacy policies to which access may be gained via the Extremadura Trademark Website and which are applicable at all times, the use of certain services or applications addressed to Extremadura Trademark are subject to prior completion of the corresponding User registration form.
All the information submitted by the User through the forms provided by the Extremadura Trademark Website for the foregoing purposes or any other, must be truthful. To such effect, the User warrants that all the data submitted to Extremadura Trademark is authentic and will be kept up to date in accordance with the real situation of the User at all times. Notwithstanding, only the User will be held responsible for false or inaccurate information and any damages this may cause SGIEX, Extremadura Trademark or institutions, organisations and individuals.
3.4.-Linking to the Extremadura Trademark Website
Internet users that wish to include a link from their own web pages to the Extremadura Trademark Website must comply with the conditions detailed below. Being unaware of said conditions does not make Users exempt from being legally liable:
The link will only connect to the home or main page of the Extremadura Trademark Website, but will not reproduce it by any means (inline links, copying text, graphics or any other form that leads to similar results).
It is nevertheless forbidden, according to applicable laws, to establish frames or marks around the Website or to allow Contents to be visualised through Internet addresses other than Extremadura Trademark and when such visualisation: (I) creates or could create error, confusion or mislead Users as to the real source of the services or Contents; (II) constitutes a comparison act or an unfair imitation; (III) is used to take advantage of the reputation and prestige of Extremadura Trademark or SGIEX; (IV) in any other way, is forbidden by applicable laws.
No false or incorrect statements shall be made regarding SGIEX, its partners or employees or the activities undertaken as part of the Extremadura Trademark programme.
Under no circumstances shall the page that includes the link state that SGIEX or Extremadura Trademark has given its consent for the link to be included or that they endorse, collaborate, verify or supervise the services offered by the sender.
It shall be forbidden to use any denominative, visual or mixed mark or any other distinctive feature of Extremadura Trademark on the senders web page, except when permitted by law or expressly authorised by SGIEX and, providing a direct link, in such cases, is authorised to Extremadura Trademark as established in this clause.
The page establishing the link shall comply with applicable laws and it will not connect with third party contents that: (I) are unlawful, immoral or indecent (pornographic, violent, racist content, etc.); (II) induce or may induce the User into the false belief that SGIEX or Extremadura Trademark endorse, back, agree with or in any way support the ideas, statements or expressions, licit or otherwise, of the owner of the web page; (III) are inappropriate or not relevant to SGIEX or Extremadura Trademark activities.
4.- Limited Liability
4.1.- . For Information
Access to the Extremadura Trademark Website does not oblige SGIEX to verify whether the information supplied therein is truthful, accurate, adequate, suitable, extensive or up to date..
SGIEX will not be held liable for decisions taken based on information supplied by the Extremadura Trademark Website or for any damages suffered by the User or institutions, organisations or individuals as a result of actions based exclusively on information obtained from the Extremadura Trademark Website.
4.2.- . For Service Quality
Access to the Extremadura Trademark Website does not oblige SGIEX to control for viruses, worms, trojans or any other harmful element. The User is hence declared responsible for employing suitable tools to detect and eliminate harmful computer programmes.
SGIEX will not be held responsible for the damages caused to the computer equipment of the User or institutions, organisations and individuals when using the services procured by the Extremadura Trademark Website.
4.3.- For Service Availability
Access to the Extremadura Trademark Website requires third party services and supplies, including transport via telecommunication networks, the reliability, quality, continuity or operability of which cannot be guaranteed by SGIEX. Therefore, services provided by the Extremadura Trademark Website may be suspended, cancelled or be inaccessible either prior to or while the Extremadura Trademark Website is providing a service.
SGIEX will not be held responsible for damages of any kind suffered by the User as a result of failures or disconnection from telecommunications networks that cause an Extremadura Trademark Website service to be suspended, cancelled or interrupted.
4.4.- For the Contents and Services Linked to the Extremadura Trademark Website
The Extremadura Trademark Website includes technical link devices, directories and even search instruments that allow the User to access other pages and sites on the Internet (hereafter, referred to as Linked Sites). In such cases, SGIEX procures intermediation services in accordance with article 17 of Information Society and Electronic Commerce Act 34/2002, of 12th July, as stipulated in Measures to Promote the Information Society Act 56/2007, of 28th December and shall only be responsible for the contents and services supplied by linked sites if there is effective knowledge of unlawfulness and the corresponding link has not been removed with due haste. Should the User believe a linked site contains illicit or unsuitable material, he/she may inform SGIEX following the procedure and effects established in clause 6. Said communication does not however oblige SGIEX to remove the link in question.
Under no circumstances should the fact that the Extremadura Trademark Website includes a link to a third party lead the User to assume any kind of bond with said site, or that SGIEX or the Extremadura Trademark Website recommends, promotes or empathises with the statements, contents or services provided by the linked site.
Neither SGIEX nor those responsible for the Extremadura Trademark programme are aware of the contents and services provided by linked sites and cannot, therefore, be held liable for any damages due to the contents and/or services of linked sites being illicit, poor quality, out of date, unavailable, erroneous or inoperative.
5.- Personal Data Protection
The data collected through the information collection forms on the Extremadura Trademark Website will be added to an automated file of personal data for which SGIEX is responsible through the Extremadura Trademark programme.
In accordance with the provisions and information in this Legal Disclaimer, SGIEX will treat such data as confidential and will use it exclusively to manage its relationship with the User and promote the activities of the Extremadura Trademark programme, but with the exception that information will be shared with the following organisations responsible for the various administrative procedures involved in managing the service, exclusively for the purpose specified in each case: management of the Image of Extremadura Magazine, if requested by the User, or the databases of the Website:
SILICE TECNOLOGÍA Y SERVICIOS S.L., with Tax Identification Number B06441828 and registered office at Avenida José Fernández López nº 44, Mérida (Spain) and available by telephone at +34 902888264, for the technical management of the websites and databases of the Extremadura Trademark Website.
Similarly, SGIEX will cancel, delete and/or block data when they are inaccurate, incomplete or are no longer necessary or relevant for the purpose they were submitted, pursuant to legal provisions regarding data protection..
By clicking on the “send” button on the corresponding form, the User expressly consents that the data included therein may be used to send institutional messages by e-mail or any other means. Each institutional message will clearly indicate the procedure the User must follow to reject further messages in future.
Completion of the fields with an asterisk on the information collection forms is obligatory. Should the User fail to submit the corresponding information, SGIEX and the Extremadura Trademark programme may deny the service requested as they alone deem suitable.
The User is entitled to exercise the right to revoke the consent to the transfer of such data, and the right to access, rectify, cancel or oppose the data by submitting a written request to this effect to the address indicated in clause 1.
SGIEX implements the levels of security required by the Security Measures Act approved by Royal Decree 994/1999 of 11th June. Notwithstanding the foregoing, the technical security of the Internet is not impregnable and may be compromised due to fraudulent actions on behalf of third parties.
La SGIEX may use ‘cookies’ while a service of the Extremadura Trademark Website is being used. Cookies automatically collect data referring to the preferences of a User during a visit to a given web site. This information is registered in small files that are stored unnoticed on the User’s computer. Every time the User returns to the same website, the cookies are activated automatically configuring the website with the preferences indicated during previous visits. In summary, cookies are physical files of personal information stored in the User’s terminal and unmistakably associated to this terminal. Cookies cannot read cookie files created by other suppliers.
Users may configure their web browsers to prevent cookies from being created or to warn them when this happens. The Extremadura Trademark Website may be accessed without the need to activate options referring to cookies, although this might prevent the security mechanisms for exclusive or certain services that require a higher level of security from functioning properly. Generally speaking, the purpose of the cookies created by the Extremadura Trademark Website is to facilitate User navigation through the website.
6.- Reporting Illegal or Inappropriate Activities
If the User or any other Internet user is aware of Linked Sites that refer to pages with illicit, harmful, degrading, violent or immoral material, SGIEX, and more specifically those responsible for the Extremadura Trademark programme, can be contacted by indicating the following:
- Senders personal details: name, address, telephone number and e-mail address;
- Description of events that revealed the illicit or inappropriate nature of the Linked Site;
- In the case of a violation of rights, such as intellectual and industrial property, the personal data of the person whose rights have been violated, if different to the sender. Likewise, documentation must be provided verifying the persons rights and, where applicable, the right to represent the holder of the right when this person is not the sender;
- Statement declaring that the information contained in the claim is accurate.
Receipt of the communication indicated in this clause shall not imply, in accordance with the provisions in the Information Society and Electronic Commerce Act, that the activities and/or contents indicated by the sender will be effectively acknowledged.
7.- Publicity
Part of the Extremadura Trademark Website may include publicity or be sponsored, in which case the owners of said contents will be solely responsible for the contents they include and that they meet the requisites and provisions of the regulations applicable in each case. SGIEX will under no circumstances be held liable for any errors, inaccuracies or irregularities in such material.
Nevertheless, the User may lodge a claim in relation to any of the foregoing content in the Extremadura Trademark Website by sending an e-mail to the address shown in Clause 1 of this Legal Disclaimer.
8.- Legislation and Jurisdiction
All the points included in this Legal Disclaimer are governed by Spanish law.
The Courts of Mérida (Spain) shall have jurisdiction over any controversy or issue related to the use of the Extremadura Trademark Website.
Notwithstanding the foregoing, both the User and the owner of the Extremadura Trademark Website agree, expressly waiving their own jurisdiction, to accept the final decision by means of Legal Arbitration within the framework of the Spanish Association of Technological Arbitration (ARBITEC), which is entrusted with the undertaking of the arbitration process. The final decision will be made by two or three arbitrators (to be appointed by both parties according to contract value) who will be designated by ARBITEC pursuant to their Regulations and Statutes. Arbitration will be carried out following the procedure established in the Arbitration Regulations of ARBITEC and Spanish legislation governing arbitration and may be undertaken via the Internet or any other telemetric means. Arbitration will take place in Madrid and in Spanish.
Both the User and the owner of the Extremadura Trademark Website request ARBITEC to include a final decision in its findings regarding the sentence in terms of arbitration costs. Both parties assume this decision will be proportional to the estimate made by ARBITEC of each partys claim.
The User and the owner of the Extremadura Trademark Website agree to accept and respect the final decision reached through arbitration. Should this decision need to be formalised or executed by law, or if arbitration does not take place following mutual agreement on behalf of both parties or is declared null, both parties agree to accept the jurisdiction of the Courts of Mérida (Badajoz-Spain), waiving their own jurisdiction.
Nevertheless, both parties will maintain their right to file for injunctive relief as they deem fit at provincial courts of justice.