The following Legal Notice regulate the conditions for browsing and use the Discapnet Awards for Accessible Technologies website (hereinafter the Platform).
Accessing, browsing and using the platform grant the condition of user (hereinafter the user) and implies the full and unreserved acceptance of the terms and conditions stated in this Legal Notice. Careful reading is recommended.
1. GENERAL INFORMATION
In compliance with Law 34/2002 of July 11, on Information Society Services and Electronic Commerce you are hereby informed that the owner of the Platform is Fundación ONCE para la Cooperación e Inclusión Social de Personas con Discapacidad (hereinafter Fundación ONCE), registered in the Spanish Register of Foundations with number 28-0860, with tax identification code G-78.661.923 and legally domiciled at 15, Sebastián Herrera Street, postal code 28012, Madrid (Madrid).
- Email address: fundaciononce@fundaciononce.es
- Phone number: +34 91 506 89 18
2. ONLINE PLATFORM: USE, PURPOSE AND APPLICABLE LEGAL REGIME
The platform provides support and additional communication that Fundación ONCE makes available to its users. Its main features are: offering information about Discapnet Awards for Accessible Technologies, allowing the submission of nominations and facilitating contact with the technical office in charge of managing the awards.
The Platform is subjected to Spanish legislation and to Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.
3. ACCEPTANCE OF TERMS AND CONDITIONS
Access to any of the features available in this Platform, means the acceptance of all and each of the terms and conditions stated, as well as any other that may be established, modified and/or broadened due to present or future service needs. Fundación ONCE is entitled to modify the contents of said terms and conditions, as well as the services and features made available through the Platform, and the publication of said changes and modifications will be deemed sufficient.
4. TERMS OF ACCESS AND USE
The user agrees to the proper and lawful use of the Platform, as well as the content, products and services offered in accordance with the applicable legislation at any given time, with these terms, and with general accepted moral standards, commonly accepted practices and public order.
In general, access to the different features available on the Platforms will depend on the user profile who must first register and sign up by means of a password system that will be assigned and that may be changed at any time. The user is the sole responsible for password safekeeping and sharing them with unauthorized third parties is strictly prohibited.
The registered user is therefore required to take the necessary security measures to maintain the confidentiality of all Platform- related established access and verification codes or systems. Fundación ONCE will not be held liable for the user’s or any third party’s negligence, carelessness or improper use in this regard.
Furthermore, the user agrees to:
- Guarantee that all data provided through the Platform is authentic, truthful, up to date and accurate, failing which the user will be solely liable.
- Use the platform exclusively for the purposes and use intended by Fundación ONCE. The user is prohibited from using the platform for any other purpose or means.
- Make lawful use of the Platform and refraining from any unauthorized, fraudulent, illegal or unlawful use of it and/or its content and information, from violating this Legal Note and applicable regulations, and from damaging the legitimate rights and interest of Fundación ONCE or any third party that could be affected as a result of such action.
- Not cause any damage to the Platform hardware of software systems, its suppliers or third parties or try to violate security or authentication system in place, or do anything that would cause a disproportionate or unnecessary strain on the Platform and service’s infrastructure or communications system, or attack them in anyway. Fundación ONCE may take any preventive or corrective measures necessary to protect its interests regarding the correct functioning of the platform, service and its specific features
- Not enter or spread computer viruses or any hardware or software system capable of causing damage such as viruses, malicious codes or any other damaging computer program or files.
- Not try to Access, use and/or manipulate data belonging to or under the responsibility of Fundación ONCE or third parties as well as other users.
- In particular, and for illustrative but not exhaustive purposes, the user agrees not to transfer, spread or make available to third parties any information, data, content, or messages that could constitute a violation of the rights of Fundación ONCE and third parties.
- Access without authorization or interact with a false identity, impersonating or not the identity of third parties or using a false profile or any other action that could create confusion or lead to errors in correctly identifying the user in question.
5. INDUSTRIAL AND INTELECTUALL PROPERTY
The user recognizes and accepts that all industrial and intellectual property rights to the content and/or any other elements on the Platform (including but not limited to brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, presentations, audio and video) are the sole property of Fundación ONCE or third parties that Fundación ONCE has specifically authorized for that purpose.
Under no circumstances does access to or browsing on the Platform imply any kind of waiver, license, or total or partial transfer of those rights, unless specifically stated otherwise in writing.
All intellectual and industrial property rights to the content and/or services of the Platform are reserved. In particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any way, either fully or partially, the content available on the Platform for public or commercial purposes without prior, express authorization in writing from the respective owners.
Any user that violates these limitations and prohibitions solely accepts any responsibility in that regard, holding harmless Fundación ONCE or any other third party that could be affected as a result of the user’s actions.
6. DISCLAIMER OF WARRANTIES AND LIABILITY
Fundación ONCE does not guarantee the availability or continuity of the Platform. Furthermore, it will not be held liable for any damage or harm that could result from:
- An interruption of the Platform functioning or IT bugs, malfunctions, shutdowns, delays, or freezing caused by failures or overloads in the systems or mechanisms necessary for it to function properly;
- The inadequacy of the Platform to meet the specific needs of users;
- Other damages that could be caused by third parties due to unauthorized interruptions beyond Fundación ONCE’s control.
Fundación ONCE does not guarantee the absence of viruses or other elements on the Platform that could be entered by unrelated third parties and cause alterations in users’ hardware or software, or in the documents or files stored on those systems.
Fundación ONCE will take several measures to protect the Platform and its content against third-party cyberattacks. Nevertheless, it does not guarantee that unauthorized third parties cannot gain access to the type of use the user makes of the Platform or the conditions, features and circumstances in which they use the Platform. Accordingly, it will not be held liable for any damage or harm that could result from said unauthorized access.
Fundación ONCE reserves the right to suspend access without prior warning to users it deems to be breaching the rules of use of the Platform and to take the appropriate legal measures, which will not result in any right to compensation for the affected user.
Fundación ONCE will not be held liable under any circumstances for the way in which users and/or third parties use the Platform, nor for any harm or damages that could result from this.
Fundación ONCE accepts no responsibility for any damage or harm of any kind that could result from using the services and content by the users, or that could result from a lack of information, accuracy or truthfulness of the information they provide through the Platform and Service, particularly but not limited to damage or harm of any kind resulting from a user's impersonation of a third party in any kind of communication or action through the Platform.
7. APPLICABLE JURISDICTION
Any disputes relating to this Legal Notice will be submitted to the Spanish courts, with the parties expressly agreeing to submit to the jurisdiction of the Courts and Tribunals of the City of Madrid, unless the applicable legislation establishes the jurisdiction of other Courts and Tribunals to that effect.
8. MODIFICATION OF LEGAL NOTICE
Fundación ONCE reserves the right to modify this Legal Notice to adapt it to future legislative, doctrinal, or case law developments that apply, or due to technical, operating, commercial, corporate or business reasons, giving reasonable, prior notice to users regarding the changes made whenever possible. In any case, it is recommended to carefully read this Legal Notice every time a visit is made to this Platform.