Terms of Use

LEGAL NOTICE & DISCLAIMER

Please read this document carefully. It constitutes the Legal Notice and the Terms and Conditions of Use governing access to and navigation and use of the FUNDACIÓN PRIVADA ERNESTO VENTÓS Website located at the URL https://fundacionernestoventos.org (hereinafter, the Website).

By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by all the terms of this Legal Notice, having the same validity and enforceability as any contract entered into in writing and signed for this purpose.

Observance of and compliance with this Legal Notice are enforceable on any person who accesses, browses or uses the Website. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of its services.

1. INTRODUCTION AND DATA OF THE FOUNDATION
The FUNDACIÓN PRIVADA ERNESTO VENTÓS (hereinafter, the ‘Foundation’), is a non-profit entity with Spanish VAT No. G-67.492.215, and domiciled at carrer Tint Vell (D) núm. 29 Colonia Güell 08690 Santa Coloma de Cervelló (Barcelona) registered in the Register of Foundations of Catalonia, with the number 3159. You can contact the Foundation directly by sending an email to the address: fev@fundacionernestoventos.org or by calling (+34) 932 805 467.

2.- OBJECT AND SCOPE OF APPLICATION
The present Terms and Conditions of Use regulate the access to the contents and to all the services and products offered by the Foundation through its Website, as well as the use of the same by the Users. The Foundation reserves the right to change and/or update the presentation, configuration and contents of the Website and the conditions of access to and / or use of the same.
Access to and / or use of the contents and services of the Website after the coming into force of any change and/or update to the conditions will constitute acceptance of these. However, access to certain contents and the use of certain services may be subject to certain specific conditions, which, depending on the case, will replace, complete and / or modify the present conditions of use. In the event of any contradiction, the terms of the specific conditions shall prevail over the general conditions.
Before using, booking and / or purchasing any product or service offered by the Foundation, the User must carefully read the relevant conditions established for that purpose by the Foundation. The use, booking and / or purchasing of said products or services will constitute acceptance of the particular conditions applying to these in the version published by the Foundation at the moment in which any such use, booking and / or purchasing takes place. Access to, browsing and / or use of the Website will constitute acceptance by the User of the present Legal Notice and Terms and Conditions of Use.
In this regard, the User will be understood as the person who accesses, browses, uses or participates in the services and activities, free or otherwise, offered on the Website.

3.- ACCESS AND SECURITY.
Access to the contents and use of the services provided by the Foundation is free, although some of the third-party services and contents offered by the Foundation on the Website may be subject to prior contracting and payment of a fee, which will be specified by the third party in accordance with its own terms and conditions. Access to the Website by minors is prohibited unless they have express, prior authorisation from their parents, guardians, or legal representatives, who will be considered liable for the acts carried out by minors in their care, in accordance with existing law. In any event, it will be presumed that minors who access the Website do so with the express prior authorisation from their parents, guardians, or legal representatives.
Neither access to nor browsing of the Website requires registration. However, the display, use and / or purchasing of certain products and / or services may require prior registration on this Website through the setting by the User of a username and password.

4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
This Website is subject to Spanish law and governed by national and international legislation on intellectual and industrial property. In no circumstances will access to and browsing of the Website or the use, contracting and / or purchase of products or services offered through the Website be understood to imply a waiver, transmission, license or total or partial transfer of said rights by the Foundation. The User is granted a strictly private right of use for the exclusive purpose of enjoying the services offered in accordance with these general Terms and Conditions of Use.
The use of trademarks, service marks, trade names, logos, and graphics, whether owned by the Foundation or by third parties without the prior, express and written authorization of the Foundation or of the legitimate owner is strictly prohibited. At no time shall access to or use of the Website and / or its contents and / or services be understood to give the User any right to the use of trademarks, service marks, trade names, logos, and graphics included therein protected by law without the prior, express and written authorization of the Foundation or of the legitimate owner.
All Intellectual and Industrial Property rights on the contents and / or services are reserved and it is specifically prohibited to modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit in any way all or part of the contents and / or service included in the Website, for public or commercial purposes, without the prior, express and written authorization of the Foundation or, where appropriate, the holder of the corresponding rights.

5.- USE OF THE WEBSITE DEL SITIO WEB.
The User undertakes to use the Website in accordance with the law and with these general Terms and Conditions of Use. The User also undertakes to refrain from using the Website for purposes or effects that are illegal or contrary to the provisions of the general Terms and Conditions of Use. By using the Services, the User agrees to these general Terms and Conditions of Use, agreeing not to transmit, disseminate or make available to third parties, by way of the services provided by the Website, any material that in any way contravenes the legislation in force.

6.- LICENSING OF COMMUNICATIONS.
In the event that the User sends information of any kind to the Foundation through the Website, by way of the channels provided for that purpose on the Website itself, the User declares and guarantees that he or she has the right to do so freely, that the said information does not infringe any intellectual property, trademark, patent, trade secret, or any other third party right, that such information is not confidential and that such information is not harmful to third parties. The User assumes full responsibility and accepts that the Foundation shall not be responsible or liable, directly or indirectly, for any communication that he or she provides personally or in his or her name, assuming said responsibility without prejudice to the accuracy, legality, originality and ownership thereof.

7.- RESPONSIBILITIES AND GUARANTEES OF THE SERVICE.
The Foundation cannot guarantee the reliability, usefulness or veracity of the services or information provided through the Website, prepared by users from many different sectors. Consequently, the Foundation does not guarantee or accept responsibility for:

a) the continuity of the contents of the Website;
b) the absence of errors in said contents or products;
c) the absence of viruses and / or other elements that may cause damage on the Website or on the server that supplies it;
d) the invulnerability of the Website and / or the impregnability of the security measures adopted thereon;
f) the utility or performance of the contents and products of the Website; or
g) any damage or harm caused to themselves or to a third party by any person who violates the conditions, rules and instructions established by the Foundation on the Website, or as a result of any violation of the security systems of the Website.

Nevertheless, the Foundation declares that it has adopted all the necessary measures, within its power and the technological options at its disposal, to ensure the functioning of the Website and to prevent the presence and transmission of viruses and other elements that may cause damage to Users.
The Foundation reserves the right to interrupt access to its Website and the provision of any or all of the Contents provided through it at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other cause. Such interruption of access may be temporary or permanent, in which case the circumstance will be communicated to the Users, who may suffer thereby the loss of any information stored in the associated services.
In relation to active services or any other contents for which registration is mandatory, the Foundation may terminate any account that is inactive or unused and delete the contents and information thereon. Specifically, the Foundation may terminate an account and delete the files thereon if more than six months have elapsed since registration without the User having accessed its contents.
The Foundation will not be liable in the event of any interruption, delay, error or malfunctioning of the service or, in general, any other inconvenience whose origin is beyond its control or is due to a malicious or culpable action of the User and / or to force majeure.
Without prejudice to the provisions of Article 1105 of the Civil Code of Spain, the concept of force majeure will be understood as including, for the purposes of these general Terms and Conditions of Use, all such occurrences as are beyond the control of the Foundation, such as: the actions of third parties, operators or service companies; acts or omissions of government or public authorities; loss of access to third-party networks; circumstances arising from natural phenomena, power outage, etc; and attack on the security or integrity of the computer system by hackers or specialized third parties, always providing that the Foundation has adopted all existing security measures in accordance with the technological options at its disposal.
In any case, whatever the cause, the Foundation will not assume any responsibility for direct or indirect damages, emergent damages and / or loss. The Foundation will have the right to temporarily suspend the services and contents of the Website to carry out maintenance, improvements or repairs, without such suspension entailing any compensation to the User.
The Foundation is not responsible for any use the User may make of the services and products of the Website, associated passwords, or any other aspect of the Website, thereby infringing the rights of intellectual or industrial property or any other right of third parties.
If the User is aware of the existence of any illegal, unlawful or inappropriate contents which may infringe intellectual and / or industrial property rights, he or she must immediately notify the Foundation so that it can proceed to adopt appropriate measures.
The User will be liable for loss or damages of any kind that the Foundation may suffer as a result of breach of any of the obligations to which he or she is subject by these conditions or such particular conditions as may apply.

8.- LINKS.
8.1 Links to other websites.
If the User should find on the Website any link to other websites, by means of buttons, links, banners, etc., it is understood that these websites are managed by third parties, and the Foundation has no power or human or technical means to know, monitor or approve such information, contents, products or services as may be provided by other websites to which access may be had from its Website.
Consequently, the Foundation can assume no responsibility for any aspect of any other website to which a link may be established from its Website, and specifically, by way of example and not limitation, for its operation, access, data, information, files, the quality and reliability of its products and services, its own links and / or any of its contents.
Further, if the User should have effective knowledge of the unlawful nature of activities carried out through these third-party websites, he or she must immediately notify the Foundation in order to disable the link giving access to it.
The establishment of any link from the Website to another third-party website will not be understood to imply the existence of any relationship, collaboration or dependence between the Foundation and the person or persons responsible for the third-party website.

8.2 Links to the Website from other websites.
Any User, entity or website wishes to establish a link to the Website, they must comply with the following conditions:
The link may only be to the Main Page or Home Page of the Website, unless expressly authorized in writing by the Foundation.
The link must be absolute and complete, that is, it must take the User, by a single click, to the Website’s own URL and must encompass in full the entire screen of the Website’s Home Page

Unless expressly authorized in writing by the Foundation, the website making the link must not reproduce the Website in any way, include it as part of its Website or within one of its frames or install a browser on any of the pages of the Website. On the page on which the link is established, it must not be claimed in any way that the Foundation has authorized such a link, unless the Foundation has previously given express authorization to that effect in writing.
The entity wishing to link its website to the Home Page of the Website may not include on its website the brand, denomination, commercial name, trade name, label, logo, slogan or any other identifying element of the Foundation and / or the Website without the prior, express and written authorization of the Foundation. The Foundation does not and will not authorize any link to the Website from a website that contains illegal, degrading, obscene or inappropriate materials, information or contents or those that tend to contravene morality, public order or generally accepted social norms.
The Foundation does not have the power or human and technical means to know, monitor or approve all such information, contents, products or services as may be provided by other websites that have established links to the Website. The Foundation cannot assume responsibility for any aspect on any other website that may establish a link to the Website, specifically, by way of example and not limitation, for its operation, access, data, information, files, the quality and reliability of its products and services, its own links and / or any of its contents.

9.- COOKIES POLICY.
The Cookies Policy of the Website is determined by the provisions of the COOKIES POLICY document https://fundacionernestoventos.org/politica-de-cookies/

10.- DATA PROTECTION POLICY.The Data Protection Policy of the Website is determined by the provisions of the DATA PROTECTION POLICY document https://fundacionernestoventos.org/politica-de-proteccion-de-datos/.

11.- DURATION AND MODIFICATION.
La Fundación podrá modificar los términos y condiciones aquí estipuladas, total o parcialmente, publicando cualquier cambio en la misma forma en que aparece este Aviso legal o a través de cualquier tipo de comunicación dirigida a los Usuarios. La vigencia temporal de este Aviso legal coincide, por lo tanto, con el tiempo de su exposición, hasta que sean modificadas total o parcialmente, momento en el cual pasará a tener vigencia el Aviso legal modificado. Con independencia de lo dispuesto en las condiciones particulares, la Fundación podrá dar por terminado, suspender o interrumpir, en cualquier momento sin necesidad de preaviso, el acceso a los contenidos de la página, sin posibilidad por parte del Usuario de exigir indemnización alguna.

12.- GENERAL
The headings of the different clauses are purely informative, and will not affect, qualify or extend the interpretation of the Legal Notice and Terms and Conditions of Use. If there is a discrepancy between what is established in this Legal Notice and the specific conditions of each specific service, the provisions of the latter will prevail. In the event that any provision or provisions of this Legal Notice should be considered null or inapplicable, in whole or in part, by any Court, Tribunal or other competent administrative body, the said nullity or inapplicability will not affect any other provision of the Legal Notice. The non-exercise or execution by the Foundation of any right or provision contained in this Legal Notice will not constitute a waiver thereof unless this is specifically acknowledged and agreed to in writing.

13.- APPLICABLE LEGISLATION AND JURISDICTION.
The relations established between the Foundation and the User will be governed by the provisions of Spanish law in force. The Foundation and the User, expressly waiving any other jurisdiction that may apply, will submit any disputes and / or litigation to the knowledge Courts and Tribunals of the city of Barcelona (Spain).

Date of publication of the latest version of the Terms of Use / Disclaimer (v.1. 26 September 2019)