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Legal Notice
Object
Through the portal, SERMES provides users with access to various contents, services, information and data (contents) made available to Users by SERMES. The Company reserves the right to modify the presentation at any time (including the “look-and-feel”), configuration and location of the portal, as well as the Contents and the conditions required to use them.
Conditions of access and use of the portal
Access and use of the portal
The user acknowledges and accepts that access to and use of the portal and/or the contents included therein takes place freely and consciously, under their sole responsibility. Access to the portal and/or the content included therein does not imply any type of guarantee regarding the suitability of the portal and/or the content included therein for particular or specific purposes of the users. SERMES may establish limitations and/or additional conditions for the use of and/or access to the portal and/or the contents, which must be consulted by the users in all cases.
Authorized Use of the portal and the contents
The user undertakes to make appropriate and lawful use of the portal and the contents, in accordance with the applicable legislation, these General Conditions of Use of the portal generally accept morality and good customs and public order.
The user must refrain from:
- Make unauthorized or fraudulent use of the portal and/or the contents.
- Accessing or attempting to access resources or restricted areas of the portal, without complying with the conditions required for such access.
- Using the Portal and/or the contents for purposes or effects that are illicit, illegal, contrary to the provisions of these General Conditions, good faith and public order, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload the portal or prevent the normal use or enjoyment of the portal.
- Cause damage to the physical or logical systems of SERMES, its suppliers or third parties.
- Introducing or disseminating computer viruses or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of SERMES, its suppliers or third parties.
- Attempt to access, use and/or manipulate the data of SERMES, third-party providers and other users.
- Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorized by the owner of the corresponding rights or legally permitted; (viii) delete, hide or manipulate the notices on intellectual or industrial property rights and other identifying data of the rights of SERMES or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
- To obtain and attempt to obtain the contents by using means or procedures other than those that, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those that are usually used on the Internet as they do not entail a risk of damage or disabling of the portal and/or the contents.
Introduction of Links
Those users who wish to establish a hyperlink, link or link between their portal and the portal (the “Link”) must obtain prior authorization from SERMES, by submitting a request to the following email address sermes@sermes.org, being subject to compliance with the following obligations:
- The Link will only allow access to the portal but may not reproduce it in any form.
- No links will be established with pages other than the homepage of the portal.
- A frame or border environment will not be created on the portal.
- No false, inaccurate or incorrect statements or indications will be made about the portal.
- It shall not be stated or implied that SERMES has supervised or assumed in any way the contents or services offered or advertised on the Portal in which the Link is established.
- The portal on which the Link is established shall not contain any trademark, trade name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to SERMES and/or third parties, without their authorization.
- The portal on which the Link is established will not contain information or content that is illegal, contrary to generally accepted morality and good customs and public order, or contrary to any rights of third parties. The establishment of the Link does not imply in any case the existence of any relationship between SERMES and the owner and/or operator of the portal in which it is established, nor the knowledge, acceptance and/or approval by SERMES of its contents and/or services. SERMES will in no case be liable for the consequences that may arise from the introduction of Links by third parties, or from the contents, information and/or services offered on the websites on which the Link has been established.
Industrial and intellectual property rights
The user acknowledges and accepts that all industrial and intellectual property rights over the contents and/or any other elements inserted in the portal (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, look-and-feel, audio and video), belong to SERMES and/or third parties. Under no circumstances does access to the portal imply any type of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise. These General Conditions of Use of the Portal do not confer on Users any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Portal and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to prior and express authorization specifically granted for this purpose by SERMES or the third-party owner of the affected rights.
SERMES authorizes users to use, view, print, download and store the contents and/or elements inserted in the portal exclusively for their personal, private and non-profit use; provided that in any case the origin and/or author of the same is indicated and, where appropriate, that the copyright symbol and/or industrial property notices of their owners appear. The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration, or recompilation, is strictly prohibited. For any other use other than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights in question.
Personal data protection policy
SERMES makes its personal data protection policy available to the user in the “privacy policy” section found on the portal.
Use of cookie technology
The user acknowledges and accepts that SERMES may use cookies when a User browses the portal. SERMES cookies are only associated with an anonymous User and their computer and do not provide references that allow the User’s personal data to be deduced. The user may configure their browser to notify and reject the installation of cookies sent by SERMES, without this affecting the user’s ability to access the contents.
Disclaimer of Warranties and Liability
Exclusion of guarantees and liability for the operation of portal
SERMES does not guarantee the availability and continuity of the operation of the Portal or those other websites with which a Link has been established. Likewise, SERMES will not be liable under any circumstances for any damage that may arise from:
- The lack of availability or accessibility to the portal or to those other sites with which a Link has been established.
- Interruption in the operation of the portal or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, in the Internet system or in other electronic systems produced during its operation.
- The Portal’s unsuitability for the specific needs of users.
- Other damages that may be caused by third parties through unauthorized interference beyond the control of SERMES.
To reduce the risk of introducing viruses into the portal, SERMES uses virus detection programs to control all the content you enter the portal. However, SERMES does not guarantee the absence of viruses or other elements on the portal introduced by third parties unrelated to SERMES that may cause alterations in the users’ physical or logical systems or in the electronic documents and files stored in their systems. Consequently, SERMES will not be liable under any circumstances for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the users.
SERMES adopts various protection measures to protect the portal and the contents against computer attacks by third parties. However, SERMES does not guarantee that unauthorized third parties may not have access to the type of use of the portal made by the user or the conditions, characteristics and circumstances in which such use is made. Consequently, SERMES will not be liable in any case for any damage that may arise from such unauthorized access.
Exclusion of guarantees and liability for the use of portal
SERMES will not be responsible in any case for the use that users and/or third parties may make of the portal or the contents, nor for any damage that may arise from it.
Exclusion of guarantees and liability for the contents
SERMES does not edit the Third-party content published on the portal and, consequently, does not guarantee or be responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of said Content. SERMES will not be liable under any circumstances for any damage that may arise from:
- The lack of legality, reliability, usefulness, veracity, accuracy, completeness, and/or timeliness of the contents originating from third parties.
- The inadequacy for any purpose and the disappointment of the expectations generated by the contents.
- Decisions or actions taken or avoided by the user relying on the information or data provided or provided in the contents, including without limitation the loss of profits or business opportunities.
Disclaimer of Warranties and Liability in Connection with the Links
The portal provides users with technical linking devices, directories and search tools that allow Users to access pages and/or websites belonging to and/or managed by third parties. SERMES verifies the content existing on these pages at the time it establishes a link to them and does so in the good faith belief that such content complies with the applicable legislation. However, in no case is SERMES responsible, approves, or endorses the products, services, contents, information, data, files and any type of material existing on such web pages and does not control or be responsible for, approves or endorses the successive modifications of said materials. If it deems it appropriate or is required to do so by judicial or administrative order, SERMES will remove the links to those web pages that infringe the applicable legislation and/or infringe the rights of third parties.
Actions in case of non-compliance
SERMES reserves the right to take any actions available by law to demand the responsibilities arising from the breach of any of the provisions of these General Conditions of Use of the portal.
Partial nullity
The declaration of any of these general conditions, such as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining ones, which shall remain binding between the parties. The waiver by either party to require compliance with any of the general conditions stipulated herein at a given time shall not imply a general waiver of compliance with any other condition or conditions, nor shall it create an acquired right for the other party.
Governing Law and Jurisdiction
The provision of the Portal service and these General Conditions of Use of the Portal are governed by Spanish law. To the extent permitted by law, the parties, expressly waving any other jurisdiction that may correspond to them, agree to submit it to the jurisdiction of the Courts and Tribunals of the city of Madrid.