GENERAL CONDITIONS FOR THE USE FOR THE WEB WWW.PHE.ES AND FOR CONTRACTING THE SERVICES IT OFFERS
FIRST. IDENTIFICATION OF THE PARTS AND APPROVAL OF THE CONDITIONS
The present general conditions for the use of the web www.phe.es and the for contracting the services it offers (hereafter WEBSITE) are agreed to one hand by LA FABRICA GESTION + CULTURA S.L. (hereafter ENTITY); According to the Law 34/2002, of July 12, on Information Society Services and Electronic Commerce, may it be known that the ENTITY is the holder of the webpage www.phe.es has its address on the Alameda 14 (28014) in Madrid, the tax ID number C.I.F. B-82640913, and is enlisted in the Madrid Mercantile Register, volume 15432, book 0, file 184, section 8, page M-259168, registration 1, daily 984 and seat 160.
On the other hand, the general conditions are also agreed to by the USER, whose personal data has been submitted by registering in the WEBSITE that the ENTITY has provided. All of the information included in the registration form has been introduced directly by the user or by the user´s representative, the responsibility of which regarding its authenticity corresponds directly and exclusively to the user.
In order to use the WEBSITE and the access to its services, it is necessary to expressly accept the following general conditions. This approval will be understood as assumed by the voluntary navigation of the webpage by the user.
SECOND. OBJECT AND DEFINITION OF THE SERVICES OFFERED
LA FABRICA GESTION + CULTURA S.L. is a commercial entity that, in the development of its social objectives, publishes activities related to culture, photography and any artistic manifestation in general, as well as the promotion of contests for artworks of diverse nature, as outlined in www.phe.es. The USER may review in the webpage all of the services that are offered, which include the option of subscribing to informative newsletters that are sent to the user´s email and participating in contests organized by the Entity, etc.
The Entity may modify the services offered on its webpage, extending or reducing in number, as long as the Entity includes an explication on the webpage; and the new services will be subjected to the present general conditions for their use and contracting.
This service is defined as it appears in the corresponding tab on the webpage, and consists of electronic emails that are sent by the ENTITY to the USER, who has previously subscribed through a the website. These emails include news relevant to the topics that the ENTITY is involved with.
To sign up for this service, the user must fill out the corresponding form and follow the instructions on the webpage.
Using the same system, the user may cancel the subscription.
PARTICIPATION IN CONTESTS ORGANIZED BY THE ENTITY
With the frequency determined by the ENTITY, relevant contests are organized through the webpage. Each contest is announced on the webpage with sufficient prior notice and is subject to their own terms as defined on the webpage.
Those interested in participating in contests must fill out a user registration form on the webpage and provide all of the requested information, as well as conform to the present general conditions for contracting services and the specific conditions involving the contest in question.
The rules for each contest are outlined on the WEBSITE prior to being announced. All contests are designed for emerging, non-professional artists. Expressly excluded from all contests organized by the ENTITY are writers, artists, interpreters, producers or collaborators whose legitimate intellectual property rights are registered in any medium with an intellectual property rights management entity in Spain or abroad. For informational purposes, without excluding others that currently exists or that will be created in the future, the management entities being referred to include SGAE, AIE, AFYVE, AGEDI, SDMI, IFPI, PORTALATINO, IMPALA, RIAA, EMF, BIEM, CISAC, RIGHTSCOM, APPA, ARTE, AEDEM, AMPE, ACTA.
The participants should present original works and they are solely responsible for any claims that derive from an artwork submitted to any of the contests organized by the ENTITY. Should a claim be made against the ENTITY, the participant that has submitted the work will assume complete responsibility for the use of the image.
In the same respect, while an artwork may be original if the participant sends an artwork for which intellectual property right dues are legitimately claimed by third parties, any claims received by the ENTITY for the use of the image will be the only and exclusively the participant´s responsibility.
THIRD. ACCESS TO THE OFFERED SERVICES
Users will browse the WEBSITE set up by the ENTITY to access the services detailed above.
The ENTITY reserves the right to modify, limit or cancel any or all of the terms and conditions of the website previously referred to, as long as a notification is made a lease 15 days in advance, and without affecting the rights already acquired by the specific USERS. This notification will be made effective by a pop window that will open when the webpage is viewed or by message to the user made prior to the modification, limitation or cancellation in the event that the user voluntarily provided an email address when registering for the service.
FIFTH. TECHNICAL ACCESS REQUIREMENTS
To enter the WEBSITE, the USER should have access to an Internet connection and have a device with the systems needed to connect to the Internet, including an adequate terminal for this purpose (computer, phone, etc.) and a modem or other analog Internet access device.
If the proper use of certain contents and services in the WEBSITE requires the downloading of a program onto the USER´s computer or device, the installation will be made by the USER and the ENTITY is not responsible in any way for outcomes that could be occasioned as a result.
SIXTH. OBLIGATIONS OF USE
The USER agrees to use the WEBSITE and the Services in agreement with the law, moral, good customs, and public order. In agreement with the current Law 34/2002, of July 12, on Information Society Services and Electronic Commerce, users may not submit contents to the WEBSITE that may in any way threaten:
" The protection of social order, criminal investigation, public security and national defense.
" The protection of public health, or of physical people that are consumers or users, including those conducting roles as investors.
" The respect and dignity of individuals without discrimination for reasons of race, gender, religion, opinion, nationality, handicap or any other personal or social circumstance.
" The protection of youth and infancy.
The USER is obligated to refrain from using the WEBSITE and the Services for illicit purposes or effects contrary to those established by the General Conditions; by infringing on the rights and interests of third parties, or by causing harm, rendering useless, overloading or deteriorating the WEBSITE and or the Services, or by impeding the normal use and enjoyment of the WEBSITE and or the Services for other users.
Any infraction of the USER obligations will enable the ENTITY to interrupt the service or remove the user´s contents, with the intervention of competent authorities. Should the ENTITY have effective knowledge of the stored activity or information, it will immediately report it to competent authorities, in agreement with the Law 34/2002, of July 12, on Information Society Services and Electronic Commerce.
SEVENTH. THE REFUSAL AND REMOVAL OF ACCESS TO THE WEBSITE AND OR SERVICES
The ENTITY reserves the right to refuse or remove the access to the WEBSITE and or Services at any moment and without having to notify in advance the users that fail to abide to these General Conditions or infringe on any of the precepts established by the Law 34/2002, of July 12, on Information Society Services and Electronic Commerce.
EIGHTH. CORRECT USE OF THE CONTENTS
- THE USER:
The USER is obligated to use the contents in a way that is assiduous, correct and just, and in particular, agrees to abstain from:
1/ using the contents for purposes or effects against the law, moral, and good customs generally accepted by the public order:
2/ reproducing, copying, distributing publicly through any means of public communication, transforming, or modifying the contents, unless the user has the authorization from the holder of the corresponding rights or if it is legally permitted:
3/ eliminating, evading or manipulating the "copyright" and other identifying data of the ENTITY or of other entitled holders incorporated in the contents, as well as the technical devices for protection, or any other mechanism for information in contents.
- THE ENTITY:
The ENTITY does not control or guarantee the absence of virus or other elements in the contents that could produce alterations in the informatics system (software and hardware) or the electronic documents and files stored in the user´s informatics system.
NINTH. POLICY ON UNCONSENTED PUBLICITY
The USER and the ENTITY, in agreement with the current Law 34/2002, of July 12, on Information Society Services and Electronic Commerce, are to use the Services according to the Policy on Unconsented Publicity, and in particular, agree to:
- Not send unrequested electronic chain messages.
- Should the ENTITY send advertisements to the USER, it will be identified with the word “publicity” so as to not incite error.
The users harmed by the reception of unsolicited messages sent to a plurality of people may communicate the ENTITY by addressing a message to the email: email@example.com
Should the USER be required to provide an electronic email address to access offered services, the user may manifest that he or she does not wish to receive any type of communication from the ENTITY, other than those strictly related to the requested service. The ENTITY will provide users that have signed up for any mailing list within the www.phe.es webpage the adequate mechanisms to unsubscribe. .
TENTH. THE RESPONSIBILITY OF THE PARTS
- Of the ENTITY:
- Is subject to the civil, criminal, and administrative responsibility established in the Legal Regulation.
- The specific responsibilities as a provider of Information Society Services, in agreement with the current normative.
- Of the USER:
The user will be expressly responsible for:
- The contents introduced by the user for communications to the ENTITY.
- The realization of any type of conduct that is illicit, infringes on rights, damaging or harmful.
- Of any infraction by the user to the general conditions.
ELEVENTH. EXEMPTION OF RESPONSIBILITY
The ENTITY is not held responsible, beyond the those outlined in the fifth clause of the present general condition, neither directly or secondarily for:
" The quality of service, speed of access, correct functioning, availability or continuous functioning of the website.
" The information introduced by the users, collaborators, and third persons, as well as their options and suggestions.
" That damage that could be occasioned in the equipment of the users from using the website.
" The correctness, exactness, and accuracy of the information.
" The defiance of the law, moral, and good consumes generally accepted and of public order as a consequence of the transmission, diffusion, storage, disposition, reception, capture, and access to the contents.
" The infringement of intellectual and industrial property rights, of the right to honour, of personal and family intimacy, and of the image of people, of the property rights, and of all other nature belonging to a third party as consequences of the transmission, diffusion, storage, allocation, reception, obtaining and accessing the contents.
" The links and hyperlinks that enable the user, through the www.phe.es website, to access services offered by third parties, that do not belong and are not under the control of the ENTITY; is not responsible for the information or effects that may derive from it.
" The vices and defects of all class of contents that are transmitted, diffused, stored or made accessible.
" The final results of the contact with the ENTITY and the USER, or all that the future may bring for the relationship established between the two parties.
According the Organic Law 15/1999, on December 13, of Personal Data Protection, the USER is informed that his or her personal data will be incorporated into an automated file held by the LA FABRICA GESTION + CULTURA S.L., authorising the ENTITY the use the data gathered from navigation, from consulting, or inquiry and subscription to any service, with the objective of communicating advertisements, promotions and services offered by the WEBSITE.
The users whose data object to treatment may freely exercise their rights to oppose to the access and information, to rectify, cancel and revoke their authorization without retroactive effects as specified by the Organic Law of Personal Data Protection by following the established legal procedure. These rights can be implemented by addressing a written communication to LA FABRICA GESTION + CULTURA S.L. at Alameda, 14, (28014) in Madrid.
The user expressly concedes that their data may be transferred to other entities related to the objective of the ENTITY. Therefore, the user provides its unequivocal consent, if and when the user is informed of the finality of the file and the transferred data.
This file is found appropriately registered in the Personal Data Protection Agency, that can be consulted by the user without a cost. And their data are treated with the level of protection required by the Decree Law 994/1999, June 11, that outlines the Security Measure Regulations.
At the same time, and in agreement with the Law 34/2002, of June 12, on Social Electronic Information and Commercial Services, the ENTITY will save the connection and browsing data generated for a maximum period of twelve (12) months, which serves for the localization of the terminal equipment used by the USER, and to identify the origin of the data and the moment in which the use of service began. The retention of data is to be made in accord with the current Regulation on the protection of personal data.
THIRTEENTH. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The totality of this WEBSITE: text, images, brands, graphics, logos, buttons, software archives, the combination of colors, as well as the structure, selection, order, and presentation of the contents is protected under the Intellectual and Industrial Property rights. The total or partial reproduction, retransmission, copy, transfer, and redistribution, except for personal or private use, is prohibited.
Likewise, it is prohibited the total or partial reproduction, retransmission, copy, transfer, and redistribution of the information within the website, regardless of the purpose and the means.
FOURTEENTH. USE OF COOKIE TECHNOLOGY
The ENTITY reserves the right to use the so called “cookies”, in any type of use of on the website. However, users are informed of the possibility of disabling them in their devices.
The contents and services offered by the ENTITY are of the nature defined in the second clause. These do not have contents or references that could be judged inadequate for minors. But, it is of interest to the ENTITY to remind the USERS of legal age that are responsible for minors that it is strictly their responsibility to determine whether the services and contents are appropriate or not for the minors.
With respect to the participants in contents organized by the ENTITY, it is necessary for the USER to be of legal age.
The ENTITY informs users that there are computer programs that allow the access to certain contents and services to be filtered and blocked, so that the parents, for example, can decide which are the contents and services of the website their children may or may not have access to.
SIXTEENTH. REGIONAL LAW
The present conditions were originally written in Spanish and are subject to current Spanish legislation. Any controversy derived from the use of the services offered or from the contents of the WEBSITE, the parts in acceptance of these conditions, will be submitted to the appropriate Courts of Law in the city of Madrid (Spain).