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1. Objective and Legal Information
The General Conditions laid out in this legal notice regulate the use of all the services and content that the Spanish Ministry of Trade and Tourism (hereinafter referred to as the SMTT) makes available to/ places at the disposal of its Users via this Portal, as well as the portals spawning from this site - hereinafter, "The Web Site".
The use of this Portal by the User implies the complete acceptance, without reservations, of these General Conditions, which may be changed by the SMTT at any time. Consequently, the User must read the present General Conditions on each occasion that the User proposes to use the web site.
2. Conditions of access, use, and the utilization of The Web Site
The Services offered through The Web Site are, unless otherwise indicated, free of charge. Not withstanding, some of the services provided by third parties through the Web Site may be subject to payment, in which case the conditions of use set forward by the relevant third parties would apply.
The User agrees to respect the intellectual and industrial property rights of The Web Site and/or third parties, and to this effect will refrain from reproducing, copying, distributing, putting at the disposal of or communicating to the public, transforming or modifying the Contents without the previous authorization of the holder of the corresponding rights, unless this proves to be legally permitted.
The User may not utilize the information obtained from this Portal in electronic, publicity, promotional or commercial communications without the previous consent of those affected.
The User who intends to establish a hyperlink between the User's webpage and that of this Portal must meet the following requirements:
1. the hyperlink will not cause confusion to other potential Users with respect to the procedure and property of each of the webpages, in which case the link will only be permitted to access the homepage or start page of the web site, and a frame will not be created over the web pages of The Web Site.
2. the web page to which the link is established will not contain information or content which is false, inexact, illicit, contrary to law or to generally accepted moral and general customs, or to public order and neither will it contain content opposed to the rights of third parties.
3. the establishment of the hyperlink in any circumstances imply an existing relationship between The Web Site and the owner of the website to which the link is established, nor the acceptance or approval of The Web Site of the contents or services of this website. Therefore it is not declared or understood that The Web Site has authorized the link or that it has supervised or assumed the services available on the webpage to which the link is established.
3. Exclusion of guarantees and liabilities
3.1. For the functioning of The Web Site
This Portal does not guarantee the availability and continuity of the functioning of The Web Site, its services and its contents, therefore it will not in any case be responsible for damages or harm of any kind that could occur due to the lack of availability or continuity of The Web Site or any of its services, or for errors in the access to the distinct webpages of The Web Site or those rendering determined services.
3.2. For the contents and services provided by The Web Site
This Portal does not guarantee the use of The Web Site for any particular activity or the suitability of its contents or service for specific purposes. Therefore the use of the information, contents and services will be realized under the sole and exclusive responsibility of the User.
The Web Site provides the contents included in The Web Site in good faith, using information originating from internal sources as well as external ones. Due to this circumstance and the large amount of information made available to the User through The Web Site, The Web Site can not guarantee the absolute reliability, legality, accuracy and current validity of the information it contains, despite its best efforts in ensuring its validity.
The Web Site will not be responsible in any case, either directly or indirectly, for any content, information, message, opinion or statement of any kind that is conveyed, diffused, transmitted or exhibited through this Portal and that stems from external sources.
The Web Site makes available to its Users technical link connection devices (such as, among others, links, banners, directories, etc.) that allow access to web pages or sites pertaining to and/or managed by third parties. This Portal is neither the owner of these web pages nor does it have any type of relationship with them. As a result, The Web Site is not responsible for the control and vigilance of those contents and therefore The Web Site will not assume any responsibility, direct or indirect, over the said webpages or websites. The User should use the utmost prudence in ascertaining the value and utility of the information, contents and services available through these links.
3.3 For the utility that the User makes of The Web Site
The Web Site can not control the use of The Web Site, its services and its contents made by the User, and therefore it will not be responsible for any harm or damages of any nature due to the illegal, incorrect, inappropriate or inadequate use that the Users make of The Web Site, its services or its contents.
Likewise, The Web Site does not guarantee privacy or security in the use of The Web Site and, in particular, it does not guarantee that unauthorized third parties will not have knowledge of the class, conditions, characteristics and circumstances of the use made by Users of The Web Site and therefore it will not be responsible for any harm or damage of any nature that could come about as a result of such unauthorized access.
4. Intellectual and industrial property
All Contents, as listed below or, in the absence of specific reference understood to have a restrictive character, as well as the texts, images, illustrations, graphics, software, databases, graphic design, source code, audio-visual content and sounds, as well as the names, logos and brands accessible via The Web Site are subject to Intellectual and Industrial Property Rights, holders of which are The Web Site or other third parties.
The access by the User to the contents and services of The Web Site does not imply in any case any type of renunciation, transfer or cession in full or in part of any of the aforementioned rights, nor does it confer upon the User any right to utilize, alter, exploit, reproduce, distribute or publicly disseminate material relating to the contents or distinct signals to which intellectual or industrial property rights apply, without the previous and expressed authorization specifically granted to such effect on behalf of The Web Site or the third party that holds the relevant rights.
The User has the sole right to view and to make copies of the Contents for the exclusive and personal use of the User, and should exercise these rights in compliance with the principles of good faith and the applicable legislation.
5. Protection of personal information
In accordance with Organic Law 15/1999, established for the Protection of Personal Information, The Web Site informs its Users of its policy of personal information protection, so that the Users may freely and voluntarily determine if they wish to provide the personal information required for the subscription or inscription in any of the services provided. Unless otherwise indicated, responses to questions of a personal nature are voluntary.
The personal information collected will be treated in a secret and confidential manner and the purpose at all times of its collection is to manage and render the services offered by The Web Site. The User accepts that the personal information given could be subject to handling in automated files owned by and the responsibility of The Web Site. The transfer of this information to third parties will not be carried out without the previous consent of the Users.
6. Procedures in the case of illegal activity in the use of service
In the event that any User or third party considers that there exist events or circumstances that reveal an illegal nature in the use of any Content and/or in the carrying out of any activity on the websites included or accessible through The Web Site, and in particular, the violation of intellectual and industrial property rights or other rights, that User or third party should send a notice to The Web Site containing the following points:
1. claimant's personal information: name, address, telephone number and e-mail address;
2. specification of the alleged illegal activity carried out on The Web Site, particularly when it pertains to an alleged violation of rights, with precise and concrete indication of the protected contents and their location on the web pages;
3. events or circumstances that reveal the illegal nature of the said activity;
4. in an alleged rights violation, a handwritten signature or equivalent, with the personal information of the holder of the rights supposedly infringed upon or the person authorized to act on behalf of this person;
5. expressed declaration, clear and under the responsibility of the claimant, that the information provided in the notice is accurate and that the use of contents in the activity described is of an illegal nature
10. Applicable law and jurisdiction
Spanish Law guides these conditions.
In the event of any controversy that arises from the application of these services or from the interpretation or application of the General Conditions, both The Web Site and the User expressly renounce their own jurisdiction and submit themselves to the Courts and Tribunals of Madrid.
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