A project by the Basque Studies Society
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Terms of use of this Portal
1.- Purpose of the Terms of use of this PORTAL
2.2. Users who are under adult age
3.- Characteristics of the PORTAL
7.- Intellectual and Industrial Property
8.- Procedure for the Notification of Infringements
11.- Applicable law and jurisdiction
1.1. The present terms of use of the PORTAL have the purpose of regulating its access and use as well as regulating the access to and use of the contents and services placed at the disposal of the user by means of the PORTAL directly by EI/BSS and/or its users or other third parties.
1.2. EI/BSS informs you, however, that certain contents and services may be subjected to SPECIFIC CONDITIONS, of which you will be previously informed, and which, depending on the cases, will substitute and/or modify these general conditions. In the hypothesis there were to be a contradiction in terms and conditions established in the General Terms and those in the Specific Terms, the conditions agreed upon as Specific Terms will always prevail in case of incompatible terms, and then only with respect to such contents and services subjected to such specific regulation.
1.3. EI/BSS may, at any time and without previous notice, modify the conditions of use for its contents and services and introduce new conditions. Please read these terms and conditions periodically.
1.4. EI/BSS also informs you that it provides its contents and services through this PORTAL “as is”.
2.1. Adult users. When acceding to the PORTAL you acquire the condition of USER. The qualification as a USER implies unreserved ACCEPTANCE of each and every one of the conditions of these terms of use and of the applicable specific terms, if any, with respect to the contents or services selected. In any case, any use of the PORTAL is subjected to strict compliance to these conditions, to the specific terms and to any applicable legal warnings and recommendations.
2.2. Users who are under adult age. To accede to this PORTAL and use it, minors compulsorily need authorisation from their parents and/or their legal representatives. The PORTAL considers that if access or use by minor has taken place, the minor has the corresponding authorisation from his or her parents and/or their legal representatives.
The PORTAL informs all parents and legal representatives of the minor that there may be contents or services that are not appropriate or that may be forbidden for minors. The PORTAL reminds parents and/or legal representatives of the minors that controlling and deciding on adequate contents and services for the minors under their responsibility is solely and exclusively the responsibility of the parents or afore-mentioned legal representatives.
The PORTAL also informs parents and/or legal representatives that there
are computer applications that can block and filter access to contents and
services that are not considered pertinent for minors under their
responsibility. Such information is at their disposal using the browser they
habitually use.
3.-Characteristics of the PORTAL
3.1. EI/BSS provides you, as a USER access to a wide range of online resources through the PORTAL amongst which the following are included:
(1) Services of information and training.- these are the services of the PORTAL that are provided to the USERS, the media, corporations, and public administrations: informative contents of various kinds with easy and effective access to increase the comprehension and transparency of the activities carried out by EI/BSS .
(2) Virtual Shopping Services.- these are services placed at your disposal that improve the development of online transactions: for example, contracting, acquiring and purchasing of documents, etc.
(3) Interactive Communications Services.- these are services designed with the purpose of optimising contacts amongst USERS, corporations and society by giving form to the activities and services of EI/BSS
3.2. EI/BSS will make every effort to try to guarantee continuous availability and accessibility to the PORTAL. However, it may happen that changes in URLs, the establishment of new connections, or the updating of the PORTAL may cause interruptions for as much time as is necessary to carry out such tasks.
3.3. EI/BSS reserves the right to alter, without previous notice and at
any time, the presentation and configuration of the PORTAL and the contents
and services therein. As a user, you recognise and accept that EI/BSS may at
any time suspend, deactivate and/or suppress any of the services and/or
contents that are part of this PORTAL.
4.- USER’s obligations
4.1. As a user, you will use the PORTAL in a diligent and correct manner and you have the commitment not to use the PORTAL to carry out any activities contrary to the law, to public policy or morality and/or with illicit or forbidden purposes or effects, or effects and purposes that infringe upon the rights and interests of third parties. EI/BSS declines any responsibility that may be derived thereof.
4.2. As a user you recognise and accept that use of the PORTAL is carried out for private purposes, it being strictly forbidden to use or incorporate, as part of any corporate activity, the contents and services of the PORTAL.
4.3. As a user, you will refrain from altering or manipulating copyright
captions and other tags identifying EI/BSS intellectual and/or industrial
property or any of the titles of contents incorporated in the EI/BSS PORTAL
and any of the protective measures that might have been taken.
5.- Exclusion of guaranties
5.1. EI/BSS, under no circumstances, guarantees, either implicitly or explicitly, the services and/or contents of the PORTAL nor the PORTAL itself. Therefore, among other things, EI/BSS does not guarantee:
(1) The availability and continuity at all times and from any place of the functioning of the PORTAL, its contents and/or services.
(2) Uninterrupted access at all times to the PORTAL and to the services and/or contents it incorporates.
(3) The levels of quality, interoperability, quantity and functionality of the services and/or contents incorporated in the PORTAL
(4) The competence, and adequacy for a particular and/or specific purpose of the services and/or contents incorporated in the PORTAL.
(5) The truthfulness, accuracy, completeness, lawfulness, reliability and timeliness of the contents and/or services.
(6) The absence of viruses or other damaging elements in the contents and services provided through the PORTAL.
(7) Unauthorised access and/or alteration of the data stored and transmitted through the PORTAL or the services it offers.
5.2. EI/BSS, unless explicitly indicated in the specific conditions, does
not intervene in the supplying of contents and/or services provided by third
parties through the PORTAL or outside the PORTAL. Likewise, EI/BSS does not
supervise nor control the lawfulness, accuracy, truthfulness, adequacy,
quality, reliability, authenticity and/or usefulness of the contents and/or
services, and therefore does not offer thereon any kind of guarantee
whatsoever.
6.- Responsibility
6.1. As a user, you are voluntarily aware of, and accept, the fact that the use of PORTAL, its services and contents takes place, in all cases, under your responsibility. Thus, and excepting the cases in which the law explicitly forbids limiting responsibility, EI/BSS does not assume any kind of responsibility with respect to the user and to the use of the PORTAL or of its contents and/or services incorporated therein. In any case, if, for whatever reason, any of the exonerations of responsibility are considered invalid and if EI/BSS could be declared legally responsible of whatever damage or loss in relation with the service or its contents, such a responsibility will be limited to the quantity effectively paid by the user for such a service or content.
6.2. The exoneration of responsibility of EI/BSS includes, but is not limited to, any responsibilities derived from:
(1) The absence of availability and continuity of the functioning of the PORTAL, of its contents and/or services.
(2) The interruption, suspension or cancellation of access to the PORTAL and to the services and/or contents it incorporates therein.
(3) The lack of truthfulness, accuracy, completeness, lawfulness, reliability, timeliness and usefulness of the contents.
(4) Unauthorised access and/or alteration of the data stored and transmitted through the PORTAL or of the services it offers.
(5) The lack of lawfulness, accuracy, truthfulness, suitability, quality, reliability, authenticity and/or usefulness of the contents and/or services supplied by third parties through the PORTAL or outside the PORTAL. In particular and, as an example, in terms of damages caused by:
i. Infringement on the rights of intellectual and industrial property, of personal rights and any other kind of third-party rights with reference to the transmission, dissemination, availability, reception, access, and obtaining of contents, services and/or products.
ii. The committing of acts of unfair competition and/or illicit publicity
6.3. As a user, you are voluntarily aware of, and accept, the fact that
third-party suppliers of services and contents, alien to EI/BSS or, outside
the PORTAL are exclusively the only people responsible for damages that
could be derived from the availability of their contents and services.
6.4. EI/BSS does not guarantee technical availability, quality, accuracy
and truthfulness of the contents and services available from third parties
to which you, as a user, may have access to through hyperlinks (links) from
the PORTAL. EI/BSS does not carry out any form of control on such third
parties and therefore declines all responsibility derived from acceding to
their services or contents.
7.-Intellectual and industrial property
As a user, you recognise and accept that the elements of the PORTAL and
of each of its contents and/or services, are protected by EI/BSS or
third-party intellectual and industrial property rights. As a user you will
abstain from suppressing the copyright signs and any other signs of
identification of industrial, intellectual or any other rights of EI/BSS or
of third parties that appear in the PORTAL.
8.-Procedure for the notification of
infringements
If you consider that contents have been copied and that they are located in an accessible place within the PORTAL, in such a way that they may constitute a possible infringement of copyright or any other kind of right, you must get in touch with the corresponding EI/BSS service at ei-sev@eusko-ikaskuntza.org, or at its postal address and provide the following information:
i. The name, surnames, identity card number, address, telephone number and/or e-mail address of the claimant or, if appropriate, of the person authorised to act on his or her behalf and representation.
ii. Identification of the alleged illicit activity and, in particular, in case of alleged infringement of intellectual or industrial property rights, a precise and concrete description of the protected contents together with their exact emplacement.
iii. An express declaration in the following terms: (a) that the
information on the infringement of such rights is accurate and truthful and
that the claimant is the legitimate owner of the protected rights and (b)
that the exploitation carried out is illicit and infringes on such
rights.
9.-Personal data
9.1. In order to use or accede to any of the services and/or contents of the PORTAL, EI/BSS May request that you, as a user, fill in certain register forms with personal data. Such personal data will be treated by EI/BSS in accordance with the terms published in the privacy policy. When filling in and sending the aforementioned forms in the PORTAL, as a user you explicitly CONSENT AND AUTHORISE EI/BSS to collect, automatically sort out and provide, depending on each case, the personal data you have been requested in accordance with the purposes and under the conditions detailed in the privacy policy. Also, when completing and sending the aforementioned forms from the PORTAL, as a user you expressly CONSENT AND AUTHORISE EI/BSS to periodically send you information on its activities, events and any other information deemed appropriate within its scope of action and from it associated entities (for example, the ASMOZ Foundation, the EUSKOMEDIA Foundation). If, on the other hand, you do not wish to receive such information, please send this message: I DO NOT WISH TO RECEIVE ADDITIONAL INFORMATION.
Lastly, when registering in the email lists, as a user you CONSENT AND AUTHORISE the users registered in the corresponding lists to send you emails and information related with the subject matter of the list.
9.2. EI/BSS has adopted and will adopt any technical and organisational
security measures that are compulsory in accordance with the law. However,
as a user you recognise and accept that security measures in the Internet
are not fail-safe, and thus EI/BSS cannot guarantee complete security in the
use of the PORTAL.
10.- Duration and Termination
The provision of service within the PORTAL, and of the services, contents
and products supplied therein has an indefinite duration. Notwithstanding
all this, EI/BSS may conclude or suspend, unilaterally, at any time and for
no other reason than its own will, the provision of the service of the
PORTAL and of any other contents, products and services.
11.-Applicable law and jurisdiction
These General Conditions of Use are governed by Spanish law currently in force. In the same manner as EI/BSS, in order to solve any controversy that may be derived from the provision of the services of the PORTAL, of the contents and services that are the purpose of these General Terms of Use, you as a user submit to the Courts of Law of Donostia - San Sebastian, and expressly renounce to any other jurisdiction that may correspond.
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