LEGAL NOTICE AND TERMS AND CONDITIONS FOR ACCESS AND USE OF THE WEBSITE 'www.ceoe.es':
We kindly ask you to read this document carefully. It serves as the Legal Notice and Terms and Conditions of Use that regulate access, browsing and using the web of the organization CONFEDERACIÓN ESPAÑOLA DE ORGANIZACIONES EMPRESARIALES (hereinafter CEOE) found at URL www.ceoe.es (hereinafter the “Website”).
Access, browsing and use of this website implies express unreserved acceptance on your part of all the terms of this Legal Notice, having the same force and effect as any other contract entered into in writing and signed.
Observing and complying with these terms shall be mandatory for any person accessing, browsing or using the Website. If you disagree with any of the terms set forth herein, please do not access, browse or use the Website.
I.- INTRODUCTION AND SCOPE
The Confederación Española de Organizaciones Empresariales (Spanish Confederation of Business Organizations), with address at Calle Diego de León, 50 and Spanish Fiscal ID (CIF) no. G-28496636 (hereinafter CEOE) is the rightful owner of the Internet Website www.ceoe.es (hereinafter the WEBSITE), through which it makes certain information available to its users.
To contact CEOE, directly and effectively, you may send a message to the following email address: firstname.lastname@example.org
Though the WEBSITE www.ceoe.es, CEOE enables its users to access and use several services and contents (hereinafter the "Services") made available by CEOE or by third parties that are legally related to CEOE.
The purpose of these terms and conditions is to regulate the general access to the WEBSITE, as well as to various contents and services provided by CEOE or by third parties that have a direct legal relationship with CEOE, from and / or through it.
Access to and general use of the WEBSITE grant you the condition of user thereof (hereinafter the "User"), necessarily implying your full and unreserved acceptance of each and every one of the provisions included in the general terms and conditions for access and use thereof, as well as any amendments or changes made to www.ceoe.es without the need for providing prior notice.
In this regard, User shall be understood as the person who accesses, browses, uses or participates from the services and activities, whether free of charge or subject to a fee, developed by the WEBSITE.
Notwithstanding the foregoing, access to certain content and use of certain services may be subject to certain specific conditions, which, depending on the case, substitute, complete and / or modify the present terms and conditions of use and, in case of contradiction, the terms of the specific conditions shall prevail over the terms of the general conditions.
Therefore, the User shall bear full responsibility for checking, at each access, the terms and conditions in effect in each of the sessions in which he intends to use the WEBSITE.
II.- USER ACCESS AND REGISTRATION:
In general terms, general access to the WEBSITE is free and does not require prior user registration.
However, CEOE may condition and limit access to certain areas and use of some of the Services to the completion by the USER of the corresponding registration form.
In addition, CEOE may make available to the Users certain Services whose use may require the completion of additional registration procedures. Additional registration procedures shall be carried out in the manner indicated in the service itself or in its specific regulating conditions.
The User is liable for the veracity of all the registration data submitted to CEOE and is responsible for keeping said data fully up to date. Therefore, the User shall exclusively bear any liability derived from false or inaccurate statements made and for any damages caused to CEOE or to third parties for the information provided.
CEOE reserves, at all times, the right to refuse registration to the WEBSITE. This refusal shall not grant any right to compensation.
Once the registration process has been successfully completed, CEOE will register the User in its database of registered Users. An account shall be generated with his “user name” and “key access word” associated to each User.
Access to the Website by minors is forbidden, unless they have prior express authorization from their parents, guardians or legal representatives, who shall be held responsible for the acts carried out by minors, in accordance with current regulations. In any case, it is presumed that access by a minor to the website was made with prior express authorization from the minor’s parents, guardians or legal representatives. Access and browsing through the Website does not require registration.
III.- USE OF THE WEBSITE BY THE USER:
The User agrees to use the Website in accordance with the law and with these General Terms and Conditions.
The User also agrees to refrain from using the Website for illegal purposes or purposes in conflict with provisions of the General Terms and Conditions.
By using the services, the User accepts these General Terms and Conditions, agreeing to not to transmit, distribute or make available to third parties through the services provided by www.ceoe.es any kind of material that violates in any way the legislation in effect.
Specifically, including but not limited to the following, the User agrees: not to collect data for advertising purposes, not to send any type of online adverting or chain letters and not to transmit, distribute or make available to third parties through the Services provided by www.ceoe.es any information, messages, graphics, sound or image files, photographs, recordings, software and generally any kind of material, data or content which, among others, without prejudice to the ones that may arise from the clauses of this document:
· engage in illicit or illegal activities or activities that are contrary to good faith and public order.</> · that, in any way, contravene, denigrate or threaten fundamental rights and public freedoms that are recognized constitutionally or in international treaties and other legislation;
· induce, incite or promote criminal, slanderous, libelous or violent actions;
· induce, incite or promote discriminatory actions, attitudes or ideas on the basis of sex, race, religion, creed or age;
· include criminal, violent or degrading messages;
· induce or incite involvement in dangerous, risky or harmful actions or actions that are detrimental to one’s health and mental balance;
· are false, ambiguous, inaccurate, exaggerated or invented, thereby misleading about their purpose or the intentions or purposes of the person communicating;
· are protected by any intellectual or industrial property rights belonging to third parties without the User having previously obtained the necessary authorization from the right holders for the use made or intended;
· violate the trade secrets of third parties;
· are contrary to people’s rights to honor, to personal and family privacy or to the own image;
· infringe regulations on privacy of communications;
· create due to its features (such as format, extension, etc.) difficulties in the normal functioning of the Services.
THE USER is responsible for guaranteeing the accuracy of the registration data entered into CEOE’s information systems and to update them as many times as necessary.
THE USER agrees to safeguard the “user name” and “password” provided by CEOE, preventing unauthorized third parties from accessing them and, thus, ensuring their confidentiality.
THE USER also agrees to immediately notify CEOE of any indication of the existence of a violation of the WEBSITE’s security, inappropriate or prohibited use of the services provided by CEOE, or security breaches of any kind as well as to make a responsible and diligent use of the content , information and services provided from or through the Website, according to the law, good faith and generally accepted good customs, expressly agreeing to:
Refrain from undertaking or using the services for purposes that are illegal, fraudulent, that violate the rights or interests of CEOE or any third party, that violate the rules contained in this Agreement or in the Special Conditions that, where applicable, may govern any services provided from or through the WEBSITE.
Refrain from any action that could disable, overload or impair any of the WEBSITE’s systems, equipment or services or that are directly or indirectly accessible through the WEBSITE.
Respect CEOE’s and any third party’s intellectual and industrial property rights over content, information and services provided from or through the Website, generally refraining from copying, distributing, reproducing or communicating them in any way to third parties without specific written authorization from CEOE or from the holders of said rights.
IV.- INTELLECTUAL AND INDUSTRIAL PROPERTY
All software and contents of the WEBSITE, including texts, animations, images etc. as well as trademarks, trade names and / or logos displayed, belong to CEOE or to third parties that have a legal relationship with CEOE, and they are protected by national and international laws governing intellectual property.
Under no circumstances shall access to and browsing of the Website by the User, or the use, acquisition and / or purchase of products or services offered through the Website, be understood as a total or partial transfer, waiver or license of such rights by CEOE.
THE USER has the right to a strictly private use, solely for the purpose of enjoying the benefits of the service in accordance with these Terms and Conditions.
References to names and trademarks, logos or other distinctive signs, whether owned by CEOE or by third parties, carry an implicit prohibition to use them without consent from CEOE or their rightful owners.
At no time, unless expressly stated, does access to or use of the Website and/or its contents and/or services confer the User any right over the trademarks, logos and / or distinctive signs protected by the law.
All intellectual and industrial property rights over the contents and / or services are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the content and / or services included in the Website, for public or commercial purposes, if no prior express written consent has been obtained from CEOE or, where applicable, from the holder of the corresponding rights.
V.- DISCLAIMER AND SECURITY. LINKS:
CEOE cannot guarantee the reliability, quality, veracity, accuracy, legality, currency or validity, or the usefulness or fitness for the purpose of the services or content on the WEBSITE.
THE USER understands and accepts the aspects involved in the provision of services via the Internet, given the open, decentralized and global nature of this communications network.
Access to the WEBSITE and the use made of the information and content included therein or accessible from it is carried out under the sole responsibility of the User.
CEOE will not be liable in any case and to any extent for any direct or indirect damages, or for any consequential damages or lost profits, due to the possible damages arising from use of the information and content of the Website or accessible from or through it.
Moreover, CEOE shall not be held responsible for the possible lack of continuity of the website’s contents, for any errors in said contents and products; for any viruses and / or other harmful components on the website or the server in which it is hosted; for the vulnerability of the Website and / or the fallibility of the security measures adopted therein; the lack of utility or performance of the contents and products on the WEBSITE.
Nonetheless, CEOE states that it has taken all the necessary measures, within its capabilities and state of technology, to ensure the proper functioning of the Website and avoid the existence and transmission of viruses and other harmful components to Users.
The WEBSITE may contain links to pages that, even though they are within the Website, are under third party liability. In addition, the WEBSITE, in any case, may contain links to sites that are external to the WEBSITE. In both cases CEOE cannot control or monitor such content in any way. CEOE declines, to the extent permitted by law, liability of any kind arising from the existence or possibility to access such content.
If the User finds on the Website links to other web pages through different buttons, links, banners, etc., these are managed by third parties. CEOE has no power or human or technical means to know, control or approve all information, content, products or services provided by other websites which can be accessed through links on the company’s WEBSITE.
Therefore, CEOE cannot be held liable for anything related to any web accessed through a link on the Website, specifically, including but not limited to, about its operation, access, data, information, files, quality and the reliability of its products and services, its own links and / or any of its contents in general.
In this sense, if USERS have actual knowledge of the unlawful nature of activities developed through these third party websites, they must immediately notify CEOE so that it may proceed to disable the link to access them.
The existence of any type of link from the Website to another website does not imply that there is any kind of relationship, collaboration or dependency between CEOE and the party in charge of the other Website.
If any USER, entity or website wants to set some kind of link to the Website, the following stipulations must be complied with:
1) The link can only direct to the Home Page of the Website, unless expressly authorized in writing by CEOE.
2) The link must be absolute and complete, that is, it must take the User, through a click, to the URL address of the Website and it must include the full screen of the Website’s Homepage.
3) Under no circumstances, unless expressly authorized in writing by CEOE, may the website including the link to this Website reproduce, in any way, said Website, include it as part of its website or within one of its "frames" or create a "browser " over any of the Website’s pages.
4) If the entity correctly including the link to this Website on its website wanted to include the brand name, trade name, label, logo, slogan or any other CEOE or its Website’s identifying element on its own webpage, it must obtain prior express permission in writing.
5) CEOE does not authorize a link to its Website from those webpages that have illicit, illegal, degrading or obscene material, information or content, and that, in general terms, contravene moral values, public order or generally accepted social standards.
If THE USER is aware of the existence of any unlawful or illegal content, or content that contravenes the law or may constitute a violation of intellectual and/or industrial property rights, he should immediately notify CEOE so that the latter may take the appropriate measures. In general terms, the different services will be uninterruptedly available on the Internet.
The USER is hereby informed that CEOE does not, in any way, guarantee the continuity of services, due to the nature of the medium through which they are offered.
Thus, for example, following is a list that includes, but without limitations, some situations under which the provision of said services may be temporarily interrupted:
· Maintenance work on servers and / or data lines.
· Malfunctions on servers and / or data lines.
· Deliberate attacks against the security and integrity of the system.
· Computer viruses or presence of malicious code on the pages that comprise or are accessible from the WEBSITE
The USER is hereby warned that CEOE may, at any time, at its sole discretion and without the need for prior notice, indefinitely suspend the presence of the Website on the Internet and therefore the services provided from or through it, without prejudice of whatever provisions to this effect are included in the corresponding Terms and Conditions.
CEOE is exempt from any liability of any kind derived from the consequences that may arise by the definite suspension of the provision of such services.
VI.- VOLUNTARY DEREGISTRATION, EXCLUSION FROM WEBSITE AND LIABILITIES
Any USER may request to deregister, at any time, as a user of the WEBSITE. To this end, CEOE has enabled the corresponding option in the user’s account management section of the WEBSITE.
The User is responsible for the correct use of the WEBSITE. Any misuse of the services by the User will result in the immediate exclusion from the WEBSITE and the loss of his status as a registered user thereof, without any entitlement to compensation and without prejudice to any legal action that by CEOE may decide to undertake.
Any false personal and/or professional data provided by the User during the registration process to the WEBSITE or in any of the services provided from or through said Website may result in the immediate exclusion from the website and the loss of his status as a registered user thereof, without any entitlement to compensation and without prejudice to any legal action that by CEOE may decide to undertake.
Any action by the User that could jeopardize or damage systems, equipment or services accessible directly or indirectly through the Website, will result in the immediate exclusion from the website and the loss of his status as a registered user thereof, without any entitlement to compensation and without prejudice to any legal action that by CEOE may decide to undertake.
Any action by the user that violates the present Terms and Conditions, the Specific Conditions that regulate specific Services, the Law or any generally accepted moral standards will result in the immediate exclusion from the website and the loss of his status as a registered user thereof, without any entitlement to compensation and without prejudice to any legal action that by CEOE may decide to undertake.
The User shall be solely responsible for any claims, legal action, in or out of court, initiated by third parties against both the actual User and against CEOE, based on use of the services that are contrary to the law, moral standards, good faith and generally accepted good manners.
For the purposes of delivering the appropriate notifications, CEOE designates as the contact address the one specified as its own on the heading of these Terms and Conditions.
The email provided by the User during the registration process to the WEBSITE will be used for the purposes of delivering notifications to the User.
The User is required to keep all data referenced herein as being the one used for notification purposes duly updated.
All Notifications from CEOE to the User shall be considered as valid if they are delivered using the data and through the means stated above. CEOE shall not be liable for any damages that may result from the User’s failure to keep his contact data duly updated.
VIII.- COOKIES POLICY
The Cookies’ Policy at www.ceoe.es is determined by provisions of the document PRIVACY AND COOKIES POLICY.
X.- TERM AND AMENDMENTS.
CEOE may amend these terms and conditions, in part or in full, publishing any change by the same means as this Legal Notice or through any other type of notice directed to the Users.
The temporary validity of these conditions is the same, therefore, as the period in which they are displayed and until they are amended, in part or in full, time at which the amended Legal Notice shall become the one in effect.
Independently of what is set forth in the specific conditions, CEOE may terminate, suspend or interrupt, at any time and without the need for prior notice, access to the contents of the page, without the User being entitled to ask for any kind of compensation.
The headings of the various clauses are for information purposes only and do not affect, qualify or extend the interpretation of this Text.
In the event of discrepancy between the provisions of this Legal Notice and the specific conditions of each particular service, the latter shall prevail.
In the event that any of the provisions of this Legal Notice were considered null, unenforceable, in part or in full, by any Court, Tribunal or competent administrative body, said nullity or non-enforceability shall not affect any of the other provisions of the Legal Notice.
CEOE’s non-exercise or enforcement of any right or provision set forth herein shall not constitute a waiver, unless it expressly states so in writing.
XII.- GOVERNING LAW AND JURISDICTION:
These Terms and Conditions shall be governed by and construed in each and every one of its clauses by Spanish law.
Both CEOE and the User agree to attempt to resolve amicably any disagreement that may arise in the development of the corresponding trade relations.
To solve any legal questions arising from the development of the different trade relations, both parties expressly waive any other jurisdiction that may apply, and agree to submit to the jurisdiction of the Courts and Tribunals of Madrid (capital).