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Legal information and acceptance.
The terms and conditions contained in this Legal Notice govern the use of the Web site. https://www.digitales.es (hereinafter referred to as the “Web Site“) that Asociación Española para la Digitalización (hereinafter, “DigitalES“), makes available to users accessing its Web Site (hereinafter, the “User” o “Users“) in order to provide them with information about its services as well as the possibility of making use of them.
Asociación Española para la Digitalización, with Tax Identification Code G87830998 and registered office at Calle Rosario Pino, nº 8, 1º dcha., 28020 Madrid, is a Business Association with Statutes deposit number 99005807 at the Ministry of Labor, Migration and Social Security. If you wish to contact DigitalES, you may do so through the postal address above or by e-mail at info@digitales.es.
The use of the Web Site by the Users implies the acceptance of all the conditions included in this Legal Notice.
The provision of the Web Site service is limited to the time when the Users are connected to the Web Site or to any of the services provided through it. Therefore, Users should carefully read the Legal Notice present on the Website each time they intend to use it, as it may be modified without prior notice.
Some Website services accessible to Users may be subject to special conditions, regulations and instructions which, where applicable, replace, complete and/or modify these terms and conditions, and which must be accepted by Users prior to the provision of the corresponding service.
The access to and/or use of such services and contents expresses the entire and unconditional acceptance of the particular conditions in the version published by DigitalES at the time of such access and/or use.
It is possible that, in the course of providing the services included in the Web Site, the name of the domain under which such services are provided may change. Therefore, the Users are aware of and accept this possibility, in which case the obligations accepted by the Users in accordance with the provisions of this document shall remain in full force and effect.
2. Conditions of use of the contents and services.
The use of the Website and its content is entirely voluntary and under the User’s own responsibility.
Access to the Web Site is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
Users may not in any case modify or delete the identification data that exist in their case of the rights of DigitalES or third parties. Users may only access the contents through the means or procedures that have been made available for this purpose on the Website or are commonly used on the Internet for that purpose, provided that they do not involve the violation of intellectual or industrial property rights or involve any damage to the Website and/or its information or services offered.
Users undertake to use the contents and services in a diligent, legal, correct and lawful manner and, in particular, undertake, by way of example and without limitation, to refrain from: (a) use the contents and services in a manner and for purposes contrary to law, morality and generally accepted good customs or public order; (b) transmit or disseminate information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any material that is obscene, offensive, vulgar or that induces criminal, denigratory, defamatory, defamatory, violent or, in general, contrary to the law, generally accepted morals and good customs or public order; (c) reproduce, copy, or distribute the contents, as well as allow public access to them through any form of public communication, or transform or modify them, unless authorized by the holder of the corresponding rights or it is legally permitted; (d) infringe intellectual or industrial property rights belonging to DigitalES; (e) use the services and contents in a way that may damage or overload the operation of the Website; (f) engage in fraudulent transactions or transactions that may facilitate unlawful or fraudulent conduct of any kind; and (g) to use the contents and services and, in particular, the information of any kind obtained through the Web Site for any type of advertising purpose and, in particular, to send advertising, communications for direct sales purposes or for any other type of commercial purpose, unsolicited messages individualized or addressed to a plurality of persons, as well as to market or disclose in any way such information.
Users shall be liable for damages of any nature that DigitalES may suffer, directly or indirectly, as a result of a breach of any of the obligations arising from this Legal Notice or the law in connection with the use of the Website.
3. Disclaimer of warranties and liability.
DigitalES reserves the right to interrupt access to the Web Site, as well as the provision of any or all of the content provided through it at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified cause.
Consequently, DigitalES does not guarantee the reliability, availability or continuity of the Web Site or its contents, so that the use of the same by the Users is carried out at their own risk, without being liable at any time for the discontinuity or lack of availability of its services.
DigitalES shall not be liable in case of service interruptions, delays, errors, malfunctions and, in general, other inconveniences that have their origin in causes beyond the control of DigitalES, and/or due to willful or negligent actions of the Users and/or due to Force Majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure shall also include, for the purposes of these general conditions, all those events beyond the control of DigitalES, such as: failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of public authorities, those produced as a result of natural phenomena, blackouts, etc., and the attack of hackers, crackers or other third parties to the security or integrity of the computer system. In any case, regardless of the cause, DigitalES shall not assume any liability for direct or indirect damages, consequential damages and/or lost profits.
DigitalES excludes any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the content transmitted, disseminated, stored, made available or received, obtained or accessed through the Website, nor for the content provided or offered by third parties or entities. DigitalES will try as far as possible to update and rectify any information hosted on the Web Site that does not comply with the minimum guarantees of accuracy. However, it shall be exonerated from liability for its failure to update or rectify, as well as for the contents and information contained therein.
DigitalES is not responsible for the content of the information contained in the Web Site, as well as for those opinions, comments, assessments or any other statement contained therein that are not issued directly by DigitalES.
DigitalES excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in the computer systems, as well as in the documents or systems stored therein.
DigitalES is not responsible for the contents, whatever they may be, that the Users send to DigitalES through the Web Site, by means of the e-mail service or by any other means, being therefore imputable to the Users any responsibility arising from the contents sent by them.
DigitalES is not responsible for the use that Users make of the Content of the Website, as well as any other material contained in the Website, which may involve a violation of any type of norm, national or international, of intellectual or industrial property rights or any other right of third parties. Likewise, it is not responsible for possible security errors that may occur due to the use of non-updated versions of browsers, or for the consequences that may arise from the malfunction of the browser, either by improper configuration, presence of computer viruses or any other cause beyond the control of DigitalES.
4. Links to third parties (outbound links).
The Web Site access service may include technical linking devices, directories, portfolios and even search tools that allow Users to access Internet web sites (hereinafter“Linked Sites“). In these cases, DigitalES acts as a service provider in accordance with Article 17 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (hereinafter, the “Law”).LSSI“) and shall only be liable for the contents and services provided in the Linked Sites to the extent that it has actual knowledge of the unlawfulness or that they may damage property or rights of third parties and has not deactivated the link with due diligence.
In the event that Users consider that there is a Linked Site with illegal or inappropriate content, they may notify DigitalES at the contact address indicated in the first section of this Legal Notice, indicating: (a) name of caller: name, address, telephone number and e-mail address; (b) a description of the facts disclosing the unlawful or inappropriate nature of the Linked Site; and (c) an express statement that the information contained in the communication is accurate. In no case does this communication entail the obligation to remove the corresponding link, nor does it imply, according to the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicating party.
In no case shall the existence of Linked Sites presuppose the existence of agreements with the responsible or owners thereof, nor the recommendation, promotion or identification of DigitalES with the statements, contents or services provided.
DigitalES is not aware of the contents and services of the Linked Sites, since once it develops them for third parties, it is the third parties who manage their own Websites, and therefore is not liable for damages caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to DigitalES, except as provided in the aforementioned Article 17 of the LSSI. If Users decide to visit and/or use any of the Linked Sites, they do so at their own risk, and must take appropriate protective measures against viruses or other harmful elements.
5. Links to the Web Site (inbound links).
Third parties are not authorized to introduce links from their own web pages to the Website without the express consent of DigitalES.
In the event that a third party is authorized to use the link https://digitales.es, this use will be made in accordance with the limitations and purposes set forth in the authorization itself. In this case, DigitalES may request, at any time and without the need to provide reasons for such request, that any link to the Website be removed, after which the person responsible for the linking website shall immediately proceed to its removal.
6. Intellectual and industrial property.
The totality of the contents of the Web Site, including but not limited to texts, photographs, graphics, images, icons, technology, software, links, domains, trademarks and other audiovisual or sound contents, as well as its graphic design and source codes, are the exclusive property of DigitalES, and are subject to intellectual and industrial property rights protected by national and international legislation.
DigitalES does not grant any license or permission of use of any kind on its intellectual and/or industrial property rights or on any other property or right related to the Website, the services or the contents.
Any use of any of the elements subject to industrial and intellectual property for any purpose, especially commercial, as well as their distribution, public communication, modification, alteration, transformation or decompilation, is strictly prohibited, unless expressly authorized in writing by the owner of the same.
Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an action constituting a crime as defined in articles 270 and following of the Penal Code.
7. Privacy policy and protection of personal data.
Any personal data provided by Users during the use of the Website will be treated in accordance with our Privacy Policy present on that page.
Users should read this Privacy Policy before providing their personal data to DigitalES.
8. Miscellaneous.
Any clause or provision of this Legal Notice that is or becomes illegal, invalid or unenforceable shall be excluded from this Legal Notice and shall be deemed unenforceable to the extent of such illegality, invalidity or unenforceability, and shall be replaced by one that is as similar as possible to the foregoing, but shall not affect or impair the remaining provisions, which shall remain unaffected by any illegal, invalid or unenforceable clause or provision and shall otherwise remain in full force and effect.
DigitalES excludes any kind of warranty and, therefore, is released from all liability arising from the points expressed above, as well as from other aspects that may not be covered by this document.
9. Applicable Law and Jurisdiction.
The relationship between DigitalES and the user shall be governed by the Spanish legislation in force and any dispute shall be submitted to the Courts and Tribunals of the user’s domicile.
