INFORMATION ABOUT THE FOUNDATION
Welcome to our website www.fundaciopuig.com (the “website”).
The website is managed by the [Fundació Puig] foundation (hereinafter, the “Foundation”), with registered office at Plaça Europa, 46-48 – 08902 L’Hospitalet de Llobregat (Barcelona); with corporate tax number G61057022; registered in the Mercantile Registry of Barcelona, in volume , sheet , page number .
Email address: email@example.com
ACCESS TO THE WEBSITE
These terms and conditions of use (the “Terms and Conditions of Use”) govern access to and use of the website. Access to and use of the website implies that you have read these Terms and Conditions of Use and accept them without reservation. To access and use this website you must be over 18 years of age.
We request that users read these Terms and Conditions of Use before each use of the website, as they may be adapted or modified by the Foundation at any time. If the user does not accept them, we request that the user refrain from using the website and its content.
If you need help or additional information, you can contact our customer service department by writing to firstname.lastname@example.org.
USE OF THE WEBSITE
The use of all or part of the website, including the displaying of the web pages and any communication with the Foundation, the downloading of product information and the purchase of said products through the website is only for personal use. Any use, copying, transfer or representation of the website for any purpose other than personal use is prohibited.
At any time, the Foundation may modify or simply update all or part of these Terms and Conditions of Use. Any modification or update to these Terms and Conditions of Use will be communicated on the home page of the website after it has been made and will apply as soon as it is available in this section of the website. The Foundation will make every effort to ensure that all the information provided on the website is accurate and up to date. However, the Foundation cannot guarantee the absence of errors in its content or that the content has been systematically updated.
Furthermore, the Foundation is not liable:
· for any interruption of the website (in particular, regarding maintenance, security or technical restrictions);
· for any errors;
· for any inaccuracy or omission of the information available on the website;
· for any damage resulting from the fraudulent intrusion of a third party that leads to any change in the information available on the website;
· and, in general, for any direct or indirect damages, whatever the cause, nature or consequences, loss of earnings, loss of customers, data or any other loss of intangible assets that may occur due to the lack of access of any person to the website, or the inability to access it, or that arise from giving credence to any information originating directly or indirectly from it.
Users are fully liable for accessing the website, as well as for any use that may be made of the information contained on the website. The Foundation is exempt from any liability for any and all damages that may arise directly or indirectly from access to or use of the information contained on the website.
In addition, users will be responsible for any damages that the Foundation may suffer due to their breach of the obligations contracted under these Terms and Conditions of Use or of the legislation applicable to the use of the website.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights over designs, databases, underlying computer programs (including source code) and the various elements that make up the website (including but not limited to text, graphics, photographs, videos, audio recordings or color schemes) (“content”), as well as its structure, selection and order, belong to the Foundation or, where appropriate, to its licensors. The distinctive symbols included on the website (trademarks and trade names), also belong to the Foundation, collaborating companies or their licensors.
The use of the website by the user does not imply any transfer of intellectual property rights over the website or the content.
The user is only authorized to view and obtain a temporary private copy of the content for their personal and private use on their IT system (software and hardware) and not to assign it to third parties. With the exception of the foregoing, by virtue of these Terms and Conditions, the user is expressly prohibited from reproducing, transforming, distributing, publicly communicating, publicly disclosing, extracting, reusing, forwarding or using in any way and by any means or procedure any content or trademarks of the Foundation, unless it is legally permitted or has been expressly authorized in writing by the Foundation, collaborating companies or their licensors.
By way of example, and merely for information purposes, users are not authorized to:
· Use the information contained on the website for the purpose of carrying out commercial or professional activities (direct sales or any other commercial purpose, as well as promoting said information in any way).
· Eliminate, evade or manipulate copyright and other identification data of the Foundation’s rights, as well as any other protection mechanism.
· Disassemble, separate or invert the databases in which the information on the website is stored.
· Modify the software or use modified versions of the software, and in particular, including but not limited to, in order to obtain unauthorized access to the service and access the website through any other means other than the interface made available to them by the Foundation for this purpose.
· Copy, modify or create derivative works, reverse engineer or disassemble, or attempt to locate the source code (excluding the cases provided by law), sell, assign, sublicense or transfer in any way any rights related to the software.
Unauthorized use of the website content and damage caused to the Foundation’s intellectual property rights may lead to the Foundation taking the necessary action to which it is entitled by law and to the resulting liabilities.
ASSIGNMENT OF IMAGE RIGHTS
All users undertake not to upload images that are not original or that have not been taken by them, or that infringe the legislation or rights of third parties (especially, industrial and intellectual property rights, as well as right to honor, privacy and personal image). For these purposes, all participants/users declare that they are the owners of all the image rights and, where applicable, that they have obtained the corresponding express consent of the people who appear in them for their dissemination free of charge in any means of communication or territory and for an indefinite period.
The Foundation will not be liable, in any case, for any breach of the aforementioned obligations or for any damages derived from said breach. Every participant/user acknowledges that the Foundation is fully entitled to transfer the use of the images in any way (including, among other things, for advertising, marketing, promotions, commercialization or operation of the corresponding contest, in whole or in part).
Participants/users expressly authorize the Foundation to reproduce, communicate or distribute, adapt and transform the images, free of charge, on the Foundation’s official websites and social networks, including, among others, the official Instagram and Facebook accounts of the Foundation and any other social media accounts of companies directly or indirectly linked to the Foundation, websites of authorized third parties or social networks of any person authorized by the Foundation, in any media and anywhere in the world, during the maximum period of time allowed by law.
The user/participant is aware that any images uploaded to social networks imply the application of the general conditions of use of said social networks, in particular, the right of use attributed to the companies that manage said social networks and to the users of the social networks. The Foundation will not be liable in any case for the reproduction, processing, exploitation and storage of the images or any part of the images by the social networks or by users of the social networks in accordance with the general conditions of use of the social networks. The Foundation will not be liable for the reproduction, processing, exploitation and storage of the images by users of the social networks under the general conditions of use of the social networks throughout the duration of the corresponding contest and after its expiry. For the sake of clarity, participants/users acknowledge and accept that the Foundation is not liable, in any case, for the deletion/removal of the images uploaded to the social networks at any point in the duration of the corresponding contest.
Likewise, without prejudice to the terms and conditions of the corresponding social network (e.g. Instagram, Facebook etc.), every user/participant authorizes the other participants or any third party related to the corresponding contest to access the images and view them for free.
In any case, the Foundation has the right to withdraw any image, without being obliged to give prior notification to the participant/user, when it considers that the image infringes any legislation or rights of third parties, or that it does not conform to the nature of the contest or the image and reputation of the Foundation. The Foundation is entitled to unilaterally deny and reject any image that it considers to be racist, sexist, violent or inappropriate in general.
The Foundation will not be liable for the fraudulent or improper use of the images provided or for any modifications or alterations to these made by any third party.
Links to the website
Third parties seeking to include a link on their website that redirects to the website (“linked site”) must obtain the Foundation’s prior written consent.
Under no circumstances may the authorization granted by the Foundation be interpreted as an endorsement, promotion, guarantee, oversight or recommendation of the content or services of the linked site or that the Foundation is liable for its content.
The linked site must comply with current legislation and must not, under any circumstances, host any content, either its own or belonging to third parties, that: (i) is illicit, harmful or contravenes morals and good customs (including but not limited to pornographic, violent, racist or libelous material), or (ii) is inappropriate or irrelevant.
In the event of non-compliance with any of the terms mentioned above, the Foundation will, with immediate effect, revoke the authorization granted to the linked site, which must remove the link without delay.
Links to other websites
The website may contain hypertext links (“external links”) to other websites that are not related to the website in any way. The Foundation has no control over these types of websites and their content, nor does it implement “oversight” activities in relation to them. The Foundation is not liable for the content of these websites, nor for the standards adopted by the latter regarding your privacy and the management of your personal data while browsing.
On occasion, the website may provide links to other websites in order to assist its own users/visitors in their search and browsing, as well as to provide hypertext connections over the Internet to other websites. The activation of the links does not imply any recommendation or advice on access and browsing from the Foundation with regard to these websites, nor any guarantee regarding the content, services or goods provided by them and sold to Internet users.
DISCLAIMER OF LIABILITY REGARDING CONTENT
The Foundation has implemented every precaution in order to avoid the publication on the website of any content that describes or depicts scenes or situations of physical or psychological violence, or that are likely to be considered harmful to personal beliefs, human rights and dignity, in any form or mode of expression, according to the sensitivity of the users of www.fundaciopuig.org.
In any case, the Foundation does not guarantee that the content of its website is appropriate or lawful in any country other than Spain.
Therefore, if said content is considered illicit or illegal in certain countries, we ask that you refrain from accessing our website and, should you decide to access it anyway, we inform you that you will be solely and personally liable for the use you decide to make of the services offered by the website.
The Foundation cannot guarantee to its users that the website will function continuously, without interruptions, errors or malfunctions due to the Internet connection.
The content of this website may include inaccuracies or typographical errors. The Foundation will not be liable for any inaccuracies or errors. Although the Foundation makes every effort to display the correct texts, images and prices in its electronic store, errors may occur. The Foundation will not be liable for any damage caused by the use of the website. The website and the information and articles included in it may be modified at any time, without the need for additional notification or prior notice.
APPLICABLE LEGISLATION; JURISDICTION
These Terms and Conditions of Use are subject to Spanish legislation, without prejudice to the application of any mandatory regulations of the user’s country of residence. The courts of Barcelona will be competent with regard to any claim derived from a visit to the website or linked to it.
Last update: July 2020
© Fundació Puig, 2020. All rights reserved.