ANNEX XIX: WEBSITE LEGAL NOTICE
1. LEGAL INFORMATION AND ACCEPTANCE
These terms and conditions govern the use of the website www.ambilamp.es (hereafter the “Website”) that the AMBILAMP Association, with registered office at c/ Santiago de Compostela 94, 3º A-D, 28035 - Madrid (hereafter “AMBILAMP” or “the COMPANY”) places at the disposal of those users that access its Website (hereinafter the “User” or “Users”) with the aim of providing them with information on products and services.
The use of the Website by the User implies the acceptance of all the conditions included in this legal notice.
The providing of the Website service has a duration limited to the time that the User is connected to the Website or to any of the services facilitated through it. Therefore, the User must carefully read these terms and conditions on each of the occasions that the User intends to use the Website, as they may be subject to modification without prior notice.
Some services of this Website that are accessible to Users or exclusive to AMBILAMP clients, may be subject to special conditions, rules and instructions that, where applicable, substitute, complete and/or modify these terms and conditions, and that must be accepted by the User before the corresponding service is provided.
Access to and/or the use of said services and contents implies the full and unconditional acceptance of the particular conditions in the version published by AMBILAMP at the time that said access and/or use takes place.
It is possible, during the course of the provision of the services included in this Website, that the domain name under which said services are provided may change. Therefore, the User is aware of and accepts this possibility, with the obligations accepted by the User and AMBILAMP according to the stipulations of this document remaining fully in force.
2. CONDITIONS FOR THE USE OF CONTENTS AND SERVICES
Access to the Website is free of charge except in relation to the cost of connection via the telecommunications network supplied by the access provider contracted by Users. Certain services are exclusive for certain Users and access to them is restricted.
The User cannot in any case modify or eliminate the identifying details that exist where applicable in the files of AMBILAMP or of third parties. Users can only access the contents through the means or procedures that have been made available to them for this purpose on the Website or that are usually used on the Internet for this purpose, providing that they do not imply the infringement of the Intellectual or Industrial Property rights or imply any kind of damage to the Website and/or its information or services offered.
The User is obliged to use the contents and services in a diligent, legal, proper and lawful way, and, in particular, undertakes, with the following points included as examples but not intended as an exhaustive list, to refrain from: (a) using the contents and services in a way and with purposes contrary to the law, morals and generally accepted good customs or to the public order; (b) using the contents and services in a way that produce or may produce effects contrary to the law, morals and generally accepted good customs or to the public order; (c) transmitting or disseminating information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any obscene, offensive or vulgar material or material that induces criminal, denigratory, defamatory, degrading or violent actions or any that in general are contrary to the law, morals, and generally accepted good customs or to the public order; (d) reproduce, copy, or distribute the contents, as well as permit the access of the public to the same through any form of public communication, or transform them or modify them, unless in possession of the written authorization of the owner of the corresponding rights or this is legally permitted; (e) infringing the rights of intellectual or industrial property rights belonging to AMBILAMP or to third parties; (f) using the services and contents in such a way that may mean a threat or overload for the functioning of the Website, (g) carrying out fraudulent transactions or transactions that may facilitate illicit or fraudulent conduct of any kind and (h) using the contents and services, and, in particular, information of any kind obtained via the website, for any kind of advertising purpose and, especially, to remit advertising, communications for the purposes of direct sale or with any other kind of commercial aim, unsolicited messages addressed to individuals or groups of people, as well as commercialising or disseminating such information in any way.
The User will be liable for any damages and losses of any kind that AMBILAMP may suffer, directly or indirectly, as a consequence of the User’s non-compliance with any of the obligations arising from this legal notice or from the law in relation to the use of the Website.
3. REGISTRATION AND PASSWORD
AMBILAMP reserves the right to request registration by Users in order to access certain services via the Website, and for this, it will request the choice of a password that allows the personal identification of the User. With regard to the request of data of a personal nature by AMBILAMP, this will abide by the stipulations of Clause 8 of these terms and conditions.
The passwords assigned will be personal and non-transferrable, and their transfer to third parties is not permitted, even on a temporary basis. In this sense, the User undertakes to make diligent use of and to keep secret the password assigned, where applicable, to access the Website, and/or the services that it provides. In the case that the User is aware of or suspects the loss, theft, or use of a password by third parties, AMBILAMP must be made aware of this circumstance as quickly as possible.
The User will be liable for any expenses and for damages and losses caused by the use of the services by any third party that uses the User’s password for this purpose thanks to non-diligent use of the password or its loss by the User.
4. EXCLUSION OF GUARANTEES AND OF RESPONSIBILITY
AMBILAMP reserves the right to interrupt access to the Website, as well as to interrupt the providing of any or all of the contents provided through it at any time and without prior notice, whether due to technical reasons or reasons of security, control or maintenance, due to failures in the electric power supply or for any other justified cause.
Consequently, AMBILAMP does not guarantee the reliability, availability, nor continuity of the Website, nor of its contents, therefore the use of the same by the User is carried out on the User’s account and at the User’s risk, and at no time may the User demand liabilities for discontinuity or lack of availability of its services.
AMBILAMP will not be liable in the case of interruptions to service, delays, errors, improper functioning of the same, and, in general, other inconveniences whose origin lies in causes beyond the control of AMBILAMP, and/or due to any fraudulent or negligent action by the User, and/or that have as their origin reasons of Force Majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, understood as included in the concept of Force Majeure, furthermore, and for the purposes of these general conditions, are all those events that occur beyond AMBILAMP’s control, such as: faults of third parties, operators or service companies, acts of Government, lack of access to networks of third parties, acts or omissions of the Public Authorities, those others arising as a consequence of natural phenomena, power cuts, etc., and attacks by hackers, crackers or other third parties on the security or integrity of the information technology system. In any case, whatever its cause, AMBILAMP will not assume any liability whether for direct or indirect damage, consequential damages and/or for loss of earnings.
AMBILAMP accepts no liability for damage and losses of all kinds that may be due to the lack of veracity, accuracy, exhaustiveness and or updatedness of the contents transmitted, disseminated, stored, made available or received, obtained or those that have been accessed via this Website, or for the contents provided or offered by third-party organisations or persons. AMBILAMP will try as far as possible to update and rectify any information hosted on the Website that does not comply with the minimum guarantees of veracity. However, it will be exonerated of any responsibility for non-updating or non-rectification as well as the contents and information included in the same.
AMBILAMP accepts no liability for the contents of the information included on this Website, nor for the opinions, comments, appreciations or other statements included on the same that have not been issued directly by AMBILAMP.
AMBILAMP accepts no liability for damages and losses of any kind that may be due to the presence of a virus or viruses or the presence of other harmful elements in the contents that may produce an alteration in the IT systems, as well as in documents or systems stored in the same.
AMBILAMP accepts no liability for the contents, whatever they may be, of the documents that Users send to AMBILAMP via the Website, via the email service or through any other means, thus any liability arising from the contents sent by Users will be attributable to the Users themselves.
AMBILAMP accepts no liability for any use that the User may make of the Contents of the Website, nor of any passwords, as well as of any other material contained on the Website, that may represent an infringement of any kind of regulation, national or international, of intellectual or industrial property rights, or any other third-party right. Equally, it does not accept liability for any possible security errors that may arise due to the use of non-updated browsers, whether due to inadequate settings, the presence of computer viruses, or any other cause outside the control of AMBILAMP.
5. LINKS TO THIRD PARTIES (OUTGOING LINKS)
The Website access service may include technical linking devices, directories and include other search instruments that allow the User to access Internet websites (hereafter “Linked Sites”). In these cases, AMBILAMP acts as a provider of services in compliance with Article 17 of Law 34/2002, of 11 July, on Services of the Information Society and Electronic Commerce (hereafter, the “LSSI”) and will only be responsible for the contents and services supplied on the Linked Sites in so far as it has effective knowledge of the illicit nature or that properties or rights of third parties may be damaged and has not deactivated the link with the due diligence.
In the case the User considers that a Linked Site exists that contains illicit or inadequate contents, it may communicate this to AMBILAMP via the contact address noted in the first section of these terms and conditions, indicating (a) of the communicating party: name, address, telephone number and email address; (b) a description of the facts that reveal the illicit or inadequate nature of the Linked Site; and (c) an express statement that the information contained in the communication is accurate. In no case will this communication suppose the obligation to withdraw the corresponding link, not will it suppose, according to the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicating party.
In no case must the existence of Linked Sites presuppose the existence of agreements with the owners or managers of the same, nor the recommendation, promotion or identification of AMBILAMP with the statements, contents, or services provided.
AMBILAMP is not aware of the contents and services of the Linked Sites, and therefore takes no liability for any damages caused due to the illicitness, quality, lack of updates, non-availability, error or uselessness of contents and/or services of the Linked Sites nor any other damage that is not directly attributable to AMBILAMP, except in the provisions of the aforementioned Article 17 of the LSSI.
If the User decides to visit and/or use any of the Linked Sites, this will be on the User’s own account and risk, and the User will have to take the necessary protection measures against computer viruses or other harmful elements.
6. LINKS TO THE WEBSITE (INCOMING LINKS)
Any Internet users wanting to introduce links from their own pages to the Website must comply with the conditions detailed below, ignorance of which will not avoid the responsibilities arising from the law: (a) The link will only link with the home page or main page of the Website but cannot reproduce it in any way (inline links, deep-links, browser or border enviroment, copy of the texts, graphics, etc.); (b) It is prohibited under all circumstances, in accordance with the legislation applicable and in force at any given time, to establish frames or borders of any type that surround the Website or allow the visualisation of its contents through Internet addresses different to those of the Website, and, in any case, when visualised together with contents outside the Website in such a way that: (i) it leads to, or may lead to, error, confusion or deception in users regarding the true origin of the service or contents; (ii) it represents an act of unfair comparison or imitation; (iii) it serves to take advantage of the brand reputation and renown of AMBILAMP; or (iv) in any other way is prohibited by the legislation in force; (c) The web page that introduces the link will not make any kind of false, inexact or incorrect statement or indication regarding AMBILAMP, its employees, clients or regarding the quality of the services it provides; (d) In no case will it express nor lend to understand on the website where the link is located that AMBILAMP has given its consent for the insertion of the link or that it in any other way sponsors, collaborates with, verifies or supervises the services of the referring party; (d) The use of any brand name, graphic brand image or mixture or any other distinguishing sign of AMBILAMP on the site of the referring party is prohibited except in cases permitted by law or expressly authorised by AMBILAMP within the website of the referring party except in those cases permitted by law or expressly authorised by AMBILAMP and providing that, in these cases, a direct link with the Website in the form established in this clause is permitted; (e) the web page that establishes the link must comply faithfully with the law and will not under any circumstances provide or link to contents of its own or of third parties that: (i) are illicit, harmful or contrary to morals and good customs (e.g. pornographic, violent, racist, etc.); (ii) induce or may induce in the User the false conception that AMBILAMP subscribes to, backs, adheres to or in any other way supports the ideas, statements or expressions, whether licit or illicit, of the referring party; (iii) are inappropriate or not pertinent with the activity of AMBILAMP in attention to the place, contents and themes of the website of the referring party; and (g) the establishment of the link does not imply under any circumstances the existence of relations between AMBILAMP and the owner of the website on which it is established, nor the acceptance and approval by AMBILAMP of its contents or the services offered on it and made available to the public. AMBILAMP may request, at any time and without the need to provide reasons for such a request, that any link to the Website be eliminated, following which the party in charge of the linking website should immediately proceed to its elimination.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
The totality of the contents of the Website, understood as, but not limited to, texts, photographs, graphics, images, icons, technologies, software, links, domains, brands and other audiovisual or sound contents, as well as its graphic design and source codes, are the exclusive property of AMBILAMP or of third parties, whose rights where applicable are recognised by AMBILAMP, and are subject to intellectual and industrial property rights protected by national and international legislation.
It is strictly prohibited to use any of the elements of industrial or intellectual property with any kind of aim, especially commercial, as well as their distribution, public communication, modification, alternation, transformation or decompilation, except in the case of express authorisation in writing by the owner of the same.
The infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an action constituting an offence as typified in articles 270 and subsequent of the Penal Code.
AMBILAMP informs Users that the data that are they provide to us through any of our services will be entered into an automated file that is owned by AMBILAMP.
Said data will be used for (i) providing the User with access to the restricted contents including those on the Website, (ii) managing, extending and improving the services offered on the Website, (iii) as well as to manage subscription to the Newsletter service, should this be requested.
Additionally, Users’ details may be used in order to carry out statistical studies, quality studies, and satisfaction surveys.
The User may exercise his or her rights to access, amendment, elimination and, where applicable, opposition, in the terms established in the current legislation, by sending a written communication to AMBILAMP C// Santiago de Compostela, 94 3º A-D, 28035 Madrid.
The User will be responsible, in any event, regarding the veracity of the data facilitated, with AMBILAMP reserving the right to exclude from the registered services any User that has facilitated false data, as well as for all the other circumstances included in this regard within this legal notice, without prejudice to the other actions that may be proper by law.
If Users are aged under 14 years, their personal data must be facilitated with authorisation of their legal representative.
Therefore, IF YOU ARE AGED UNDER FOURTEEN YEARS, YOU MUST ASK FOR AUTHORISATION FROM YOUR PARENTS TO ENTER YOUR PERSONAL DETAILS ON THE WEBSITE.
The cookies used by AMBILAMP or by a third party acting on its behalf are associated only with an anonymous user and that user’s computer, and do not provide in themselves any personal data on the User.
When the User allows cookies to be received, he or she will be able to know which server is using the cookies. In order to do so, the browser usage instructions must be consulted.
Thanks to cookies, it is possible for the AMBILAMP server, or that of another party acting on its behalf, to recognise the browser of the computer used by the User with the aim of making navigation simpler, allowing, for example, access to users that have registered previously, access to areas, services reserved exclusively for them without having to register on every visit. They are also used to measure audience and traffic parameters, control progress and number of entries.
The User has the possibility of configuring his or her browser in order to receive onscreen alerts regarding cookies being received and to prevent their installation in the computer’s hard disk. Please check the instructions and manuals of your browser to expand this information. To use the Website, it is not necessary for the User to allow the installation of cookies sent by AMBILAMP, or any third party acting on its behalf, without prejudice of it being necessary for the User to start a session as such in each of the services the rendering of which requires prior registration or log-in.
Any clause or stipulation of this legal notice that is or becomes illegal, invalid or non-enforceable will be excluded from the same and will be considered inapplicable to the extent of such illegality, invalidity or non-enforceability, and it will be substituted by another that is as similar as possible to its predecessor, but will not affect or threaten the remaining stipulations, which remain outside of any illegal, invalid or non-enforceable clause or provision, and will remain, to the contrary, fully in force and with full effect.
AMBILAMP excludes any type of guarantee and, therefore, remains exempt of all liability arising from the points expressed previously, as well as from other aspects that may not be contemplated in this document.
10. APPLICABLE LAW AND JURISDICTION
For all matters of litigation or that concern the Website, Spanish legislation will be applicable, with all parties expressly renouncing any other jurisdiction that may correspond to them, and the resolution of all conflicts arising from or related with the use of the Website will be submitted to the Courts and Tribunals of the city of Madrid (Spain).