The terms and conditions set out below govern the access to and use of the website www.fundacion.valenciaport.com (hereinafter, the site or website), run by and offering information society services of the entity Valencian Community Foundation for Research, Promotion and Commercial Studies of Valenciaport (hereinafter, FUNDACIÓN VALENCIAPORT), with Spanish tax ID G-97360325, registered offices at Avenida Muelle del Turia s/n, 46024 Valencia, Spain, and the same registered address for notification purposes, registered in the Foundations Registry of the Valencian Community no. 405 (V), Tel. +34 963939400 and email contact address firstname.lastname@example.org
The term “site” or “website” is understood to cover elements including, but not limited to, the data, texts, graphics, images, animations, musical creations, videos, audio, drawings, and photographs included on the website, and, in general, any such creations expressed by any means or in any medium, tangible or intangible, regardless of whether or not they are eligible for intellectual property protection pursuant to the Revised Text of the Law on Intellectual Property.
By accessing the site, the visiting user assumes a series of rights and obligations aimed at ensuring that he/she appropriately enjoys the services and contents found therein, which FUNDACIÓN VALENCIAPORT makes available free of charge to the user.
The visitor is aware that he/she accesses and uses the services and contents of the site under his/her sole and exclusive responsibility.
User status is acquired by accessing the website. The user shall use the services and contents exclusively for private purposes and/or because of his/her status as a client of FUNDACIÓN VALENCIAPORT; no other subsequent use of said services and contents aimed at making a profit or gaining any benefit, direct or indirect, is permitted.
FUNDACIÓN VALENCIAPORT informs users of the following general terms and conditions of use, which the user expressly and fully accepts merely by accessing the website and/or viewing the contents or using the services contained on the website. If these general terms and conditions are wholly or partly replaced by other general terms and conditions, the new general terms and conditions shall be understood to be accepted in the same way as described above. However, the user of the website will have to check these general terms and conditions on a regular basis in order to find out about successive versions included here; it is recommended that the user view these conditions whenever he/she intends to access or make use of the services and contents of the website.
In the event that the user does not accept these general terms and conditions or, where applicable, the specific terms and conditions governing the use of a particular service and/or content intended for website users and determined by this entity, the user shall refrain from accessing the website.
The user shall take the appropriate technical security measures to prevent unwanted actions in his/her information system, files and computer equipment used to access the internet and, in particular, the website, recognizing that the internet is not totally safe.
(B) Purpose of the website
By accessing the site, the user can enjoy the use of various services and content provided by FUNDACIÓN VALENCIAPORT or, where applicable, by third-party suppliers under the terms and conditions established for them.
In general, the services and content offered through the website shall be available in Spanish, without prejudice to the possibility—to be determined by FUNDACIÓN VALENCIAPORT—of providing them in the other official regional languages of Spain, as well as other languages spoken in the European Union.
FUNDACIÓN VALENCIAPORT may unilaterally and without prior notice modify the provision, configuration, content and services of the site, as well as the terms and conditions of use of the site and access to the services provided, without prejudice to the provisions of the specific terms and conditions governing the use of a certain service and/or content intended for the clients of FUNDACIÓN VALENCIAPORT and/or users of the website.
The cost of telephone access or other charges for connection to the website shall be borne exclusively by the user. The only technical requirement in order for the user to enjoy the use of the site is Internet Explorer 6.0 (or later) or an equivalent browser.
C) Confidentiality in the automated processing of users’ personal data
FUNDACIÓN VALENCIAPORT guarantees the confidentiality of personal data provided by users and the processing of said data in accordance with the current legislation on the protection of personal data: Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (hereinafter OLPD) and regulations in implementation thereof. The personal data collected through the website shall be processed under the responsibility of FUNDACIÓN VALENCIAPORT. Prior to the to users submitting their personal data, FUNDACIÓN VALENCIAPORT shall provide them with its Privacy and Personal Data Protection Policy or any other relevant information, which enables users to give their informed, specific and unequivocal consent allowing FUNDACIÓN VALENCIAPORT to proceed with the processing of users’ personal data.
(D) User rights and obligations
The user may:
- Access the content and services of the site free of charge and without prior authorization, without prejudice to the specific technical conditions or the need for prior registration for specific services and contents aimed at clients of FUNDACIÓN VALENCIAPORT, as established in these general terms and conditions or in the specific terms and conditions for said services.
- Use the available services and contents for exclusively private use, without prejudice to the provisions of the specific terms and conditions governing the use of a certain service and/or content intended for the clients of FUNDACIÓN VALENCIAPORT.
- Download a single copy of the website for “off-line” viewing, for personal and non-commercial purposes.
- Make proper and lawful use of the site, in accordance with current legislation, morals, good manners and public order.
Under no circumstances may the user:
- Access or use the services and content of the site for unlawful purposes, purposes which infringe the rights and freedoms of third parties, or which may prejudice, damage or impede them in any way, to the detriment of FUNDACIÓN VALENCIAPORT or third parties.
- Use the services, in whole or in part, to promote, sell, contract, disseminate advertising or information belonging to the user or to third parties without prior written authorization from FUNDACIÓN VALENCIAPORT.
- Upload information onto the website or use the existing services on the website with the aim of infringing–directly or indirectly—the rights of other users of the website or of FUNDACIÓN VALENCIAPORT, especially fundamental rights and public freedoms; this includes inciting or promoting the perpetration of criminal, xenophobic or terrorist acts or that are discriminatory on the basis on age, sex, religion or beliefs; or information of a pornographic, obscene or violent nature or that violates the law, morals or good manners. For this purpose, information shall be understood as including, but not limiting to: texts, graphics, images, videos, audio, drawings, photographs, data, notes, and others.
- Include hyperlinks to this website on his/her private or commercial web pages that are not exclusively limited to access to the home page.
- Use the services and content provided through the site in a way that contravenes the general terms and conditions of use and/or the specific terms and conditions governing the use of a particular service and/or content, and to the detriment or impairment of the rights of other users.
- Carry out any action that prevents or hinders users’ access to the site, as well as the hyperlinks to the services and content offered through the website by FUNDACIÓN VALENCIAPORT or by third parties.
- Use any type of computer virus, code, software, computer program, computer equipment or telecommunications equipment that may cause damage or unauthorized alteration of the contents, programs or systems accessible through the services and content provided on the website or in the information systems, files and computer equipment of the users thereof; or unauthorized access to any content and/or services on the website.
- Remove or modify in any way the protection or identification devices of FUNDACIÓN VALENCIAPORT or their lawful holders, which may contain the contents hosted on the website, or the symbols that FUNDACIÓN VALENCIAPORT or the lawful third-party rightsholders incorporate into their creations and that are subject to the intellectual or industrial property rights on this website.
- Include on websites that he/she is responsible for/owns metatags corresponding to trademarks, trade names or logos that are the property of FUNDACIÓN VALENCIAPORT.
- Reproduce the website www.fundacion.valenciaport.com in whole or in part on another website; it is not permitted to frame the website www.fundacion.valenciaport.com or the websites accessible through it in a way that hides or modifies elements including but not limited to content, advertising spaces and trademarks of FUNDACIÓN VALENCIAPORT or third parties, regardless of whether this involves unfair competition or obfuscation.
- Create frames within a website that he/she is responsible for/owns that reproduce the home page of this website and/or pages accessible through it, without the prior authorization of FUNDACIÓN VALENCIAPORT.
- Include in a website that he/she is responsible for/owns a hyperlink that opens a window or browser session for a user or client of that website, which includes trademarks, trade names or logos he/she owns and which shows the main website of www.fundacion.valenciaport.com or one of the pages accessible through it.
- Use the trademark, trade names, or any other identifying mark that is subject to intellectual or industrial property rights, without the prior express and written authorization of its owner.
- Carry out any action involving the reproduction, distribution, copy, rental, public communication, transformation or any other similar action involving the modification or alteration of all or part of the services or content of the site, or their exploitation, without the prior written authorization of FUNDACIÓN VALENCIAPORT or the third-party holder of the intellectual and industrial property rights corresponding to the services or content of the website, with the exception of that stipulated in these general terms and conditions or, where applicable, the specific terms and conditions governing the use of a service and/or content on the website.
(E) Rights and obligations of FUNDACIÓN VALENCIAPORT
FUNDACIÓN VALENCIAPORT reserves the following rights:
- To modify the conditions of access to the site, technical or otherwise, unilaterally and without prior notice to the users, without prejudice to the provisions of the specific terms and conditions governing the use of a certain service and/or content intended for the clients of FUNDACIÓN VALENCIAPORT and/or users of the website.
- To establish specific terms and conditions and, where applicable, set a price or other requirements for access to certain services and/or content.
- To limit, exclude or set conditions for users’ access when they do not provide all guarantees of correct usage of the site in accordance with the obligations and prohibitions they undertake.
- To terminate the provision of a service or content, without right to compensation, where it is unlawful or contravenes the conditions established for it, without prejudice to the provisions of the specific terms and conditions governing the use of a particular service and/or content intended for website users.
- To modify, delete or update all or part of the content or services provided through the site, without notice, without prejudice to the provisions of the specific terms and conditions governing the use of a particular service and/or content intended for website users.
- To take any appropriate legal or judicial action to protect the rights of FUNDACIÓN VALENCIAPORT or third parties that provide their services or content through the site, where applicable.
- To demand compensation for any misuse or unlawful use of all or part of the services and content provided through the site.
G) Disclaimer and limitation of liability of FUNDACIÓN VALENCIAPORT
FUNDACIÓN VALENCIAPORT is not liable for any damages or losses of any kind in the following cases:
Failure or difficulties connecting to the communications network through which this website is accessible, regardless of the type of connection used by the user.
Interruption, suspension or cancellation of access to the website, or the availability and continuity of the operation of the site or of the services and/or content therein, when this is due to a cause beyond the control of FUNDACIÓN VALENCIAPORT, whether arising directly or indirectly from it.
FUNDACIÓN VALENCIAPORT accepts no responsibility for the services and content offered by third-party service providers, nor for their availability and conditions, technical or otherwise, particularly with respect to information society service providers. Information society service providers are understood to be natural or legal persons that provide the following services to the public:
- Transmission through a communication network of data provided by the recipients of the service.
- Access services to the aforementioned network.
- Data storage or hosting services.
- Provision of content or information.
- Temporary copying of data requested by users.
- Facilitating links to content or search tools.
At no time shall FUNDACIÓN VALENCIAPORT accept responsibility for the damages that may be caused by the information, contents, products and services including but not limited to those provided, communicated, hosted, transmitted, displayed or offered by third parties outside FUNDACIÓN VALENCIAPORT—including information society service providers—through a website that can be accessed through a link on this site.
Processing and subsequent use of personal data carried out by third parties outside FUNDACIÓN VALENCIAPORT, or the relevance of the information requested by them.
The quality and speed of access to the site and the technical conditions the user must fulfil in order to be able to access the site and its services and/or content.
FUNDACIÓN VALENCIAPORT shall not bear any responsibility for any delays or failures in the access to and/or operation of the services and/or content of the website, due to a force majeure. “Force majeure” shall mean any unforeseen event, or event which is foreseen yet still unavoidable, which causes the breach of any of its obligations. These include but are not limited to: strikes by its own workers as well as by outside workers; insurrections or riots; rules dictated by any civil or military authority; natural disasters such as earthquakes, floods, lightning or fires; wars; and lockouts.
The user of the site shall be personally liable for damages of any kind caused to FUNDACIÓN VALENCIAPORT, directly or indirectly, for the breach of any of the obligations arising from these general terms and conditions or other rules governing the use of the site.
H) Intellectual and industrial property
The user understands that the contents and services offered through the site—including but not limited to texts, graphics, images, animations, musical creations, videos, audio, drawings, photographs, all comments, statements and html code—are protected by intellectual property laws. The copyright and exploitation rights of this site belong to FUNDACIÓN VALENCIAPORT and/or third-party entities.
The trademarks, trade names or logos that appear on the website are the property of FUNDACIÓN VALENCIAPORT or, where applicable, of third parties, and are protected by the industrial property laws currently in force.
In no case shall the provision of services and publication of content through the site imply the transfer, waiver or transmission, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights by FUNDACIÓN VALENCIAPORT and/or their lawful third-party owners.
Under no circumstances may the user make any use of the services and content on the site that is not strictly personal, except for the exemptions specified in these general terms and conditions of use of this site or in the specific terms and conditions that FUNDACIÓN VALENCIAPORT may establish to govern the use of a certain service and/or content offered through the website.
No part of this website may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, in whole or in part, by any manual, electronic or mechanical system or method (including photocopying, recording or any information retrieval and storage system ) through any medium currently known or invented in the future, without the consent of FUNDACIÓN VALENCIAPORT. The use, in any way, of all or part of the content of the site is subject to a prior request for authorization from FUNDACIÓN VALENCIAPORT and/or lawful third-party rightsholders, and the acceptance of the corresponding licence, where applicable, with the exception of that stipulated in these general terms and conditions regarding the rights recognized and granted to the user or as determined in the specific terms and conditions that FUNDACIÓN VALENCIAPORT may establish to govern the use of a certain service and/or content offered through the website.
If any wilful or negligent action or omission directly or indirectly attributable to the user of the website that gives rise to the infringement of the intellectual and industrial property rights of FUNDACIÓN VALENCIAPORT or of third parties—whether or not they benefit those entities—causes FUNDACIÓN VALENCIAPORT to incur damages, losses, joint and several liabilities, expenses of any kind, sanctions, enforcement measures, fines or other amounts arising from any claim, demand, action, lawsuit or proceeding, whether civil, criminal or administrative, FUNDACIÓN VALENCIAPORT shall have the right to proceed against the user by all legal means at its disposal and claim any amount for damages. Such damages include but are not limited to moral damages and damage to image, costs incurred and lost profits, advertising costs or of any other kind, which in order to rectify may involve: sanctions or judicial sentences, interests on arrears, or financing costs for FUNDACIÓN VALENCIAPORT; court costs and legal defence costs in the event that FUNDACIÓN VALENCIAPORT is sued due to the aforementioned causes, for the damages occasioned by the user’s action or omission, without prejudice to the exercise of any other actions appropriate under the law.
The use of hyperlinks to the website www.fundacion.valenciaport.com shall only be authorized by FUNDACIÓN VALENCIAPORT through a written request for authorization and provided that the hyperlink is created in accordance with the following terms stipulated in these conditions:
The link should only allow access to the homepage of this website.
In order to avoid confusion with users of the website, it is prohibited to upload any page belonging to the website www.fundacion.valenciaport.com into a section of another website divided into frames (a technique known as “framing”), so that it distorts the presentation of this website leading to confusion on the part of internet users.
In no case does the authorization to insert a link imply consent to reproduce the visual and functional aspects (“look and feel”) of this website.
It is also explicitly prohibited to create a surround or navigation bar on top of the pages that compose this site, without prior authorization.
Appearance of the link: the hyperlink can only be text. In order to use graphics or logos, a licence must first be granted for the use of FUNDACIÓN VALENCIAPORT graphics and/or logos. In any case, the text must state clearly that it links to the website www.fundacion.valenciaport.com
In general, the appearance, the visual effect, the location and the overall characteristics of the hyperlink must show that it leads to the FUNDACIÓN VALENCIAPORT website and that the latter is independent and not joined by a relationship of collaboration, association, sponsorship, work, or of any other kind, to the web page that contains the hyperlink.
Any web page that contains a hyperlink to the FUNDACIÓN VALENCIAPORT website must entirely comply with these general terms and conditions for use of the website www.fundacion.valenciaport.com; said hyperlinks must be fair and lawful and must comply with any applicable legal provisions as well as meeting the requirements of morality and generally accepted good manners.
In particular, the authorization to insert hyperlinks to this website shall be conditional on respect for human dignity and freedom; the website that contains the hyperlink shall not contain information or content that is unlawful, immoral, contrary to good manners and public order, nor will it contain content that contravenes any third-party rights.
Lastly, it is prohibited to insert hyperlinks to the website www.fundacion.valenciaport.com in web pages with content, allusions or orientation contrary to or incompatible with those that inspire the FUNDACIÓN VALENCIAPORT website.
(J) Protection of personal data
When, in order to use some of the services of the website, users must first provide certain personal data to FUNDACIÓN VALENCIAPORT, said entity shall process such data for the purposes—and under the conditions established—in its Privacy and Data Protection Policy to this effect.
With respect to personal data published through the website www.fundacion.valenciaport.com, users are informed that the processing of this data comes under the ownership and responsibility of FUNDACIÓN VALENCIAPORT, incorporated with the prior informed consent of the persons concerned; this data cannot be freely processed and reproduced by third-party users of the website, even if the source is referenced (in this case the website www.fundacion.valenciaport.com) without obtaining the prior informed consent of the person concerned.
Two types of personal data may be published on the website www.fundacion.valenciaport.com: contact details and data relating to the professional status and work experience of the persons concerned. The contact data may only be used by the third-party users of the website www.fundacion.valenciaport.com with the sole purpose of contacting FUNDACIÓN VALENCIAPORT for professional purposes and/or within the framework of the corporate purpose of FUNDACIÓN VALENCIAPORT. Data relating to the professional status and work experience of the persons concerned may only be used by third-party users of the website www.fundacion.valenciaport.com with the sole purpose of knowing the human capital of FUNDACIÓN VALENCIAPORT.
Any uses other than those cited in the previous paragraph are expressly prohibited, including the sending of advertising and/or commercial information as well as the incorporation of such data into other third-party databases and/or data processing without the prior informed consent of the persons concerned; FUNDACIÓN VALENCIAPORT bears no responsibility for the use of this data by third-party users of the website www.fundacion.valenciaport.com in contravention of the provisions of this clause. Users are also advised that, in accordance with the principle of the Spanish Data Protection Agency, the internet is not a publicly-accessible source for collecting personal data in order to process it for advertising purposes
The access, content and services offered through the site have, in principle, indefinite duration. However, FUNDACIÓN VALENCIAPORT is authorized to terminate or suspend access to, services and/or content of the website at any time, without prejudice to any provisions in these general terms and conditions or, where applicable, specific terms and conditions that govern the use of a particular service and/or content intended for website users.
L) Complete agreement
These general terms and conditions contain all the terms and conditions agreed upon by the parties related to the object of the terms and conditions; any statements, commitments or promises—verbal, written or implied—previously made in relation to the object of the terms and conditions shall be deemed non-existent.
If at some point one of the parties does not demand compliance with one of the conditions established in these general terms and conditions or, where applicable, the specific terms and conditions governing the use of a particular service and/or content intended for website users, this cannot be interpreted by the other parties as waiving the right to subsequently demand compliance.
M) Null and void clauses
In the event that any clause included in these general terms and conditions—or, where applicable, the specific terms and conditions governing the use of a certain service and/or content intended for FUNDACIÓN VALENCIAPORT clients and website users—is declared fully or partially null or void, said declaration shall not affect the validity of other clauses therein, which shall remain valid and in full effect, unless the party making the null and void claim can prove that without the clause that is null and void, the purposes of these terms and conditions cannot be fulfilled.
These general terms and conditions are governed by Spanish law.
The parties, expressly waiving any other jurisdiction which could apply, submit themselves to the jurisdiction of the courts of the city of Valencia for the resolution of any disputes that may arise.