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Legal Information

 

LEGAL NOTICE

1. Legal Information

In compliance with the duty of information set out in Article 10 of Law 34/2002, of 11th July, on Information Society and Electronic Commerce Services (hereinafter LSSICE), you are informed that the owner of the www.fomentosansebastian.eus website is  the entity, FOMENTO DE SAN SEBASTIÁN, S.A.
The identification and contact details of the owner of the www.fomentosansebastian.eus website are as follows:
Owner: FOMENTO DE SAN SEBASTIÁN, S.A.
Address: C/ San Roque, 120 - Edificio Etxe Zuri, C.P. 20009 – Donostia-San Sebastián (Gipuzkoa)
Tax Code: A-20001681
Contact e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Telephone: 943 48 28 00
Registered in the Mercantile Register of Gipuzkoa in Volume 18, Sheet 39 reverse, Page No 431.

 

2. Object and Scope of the Application

2.1.- By means of this Legal Notice, the general terms of use that regulate access, browsing and use of the web pages related to the fomentosansebastian.eus domain (hereinafter, Website) are established, as well as the liabilities derived from the use of its contents. Furthermore, the provision of certain services or activities within the framework of the Website may be subject to other specific terms that may be establisahed and which replace, complement and/or modify the general terms of use of this Legal Notice.


2.2.- This Website is a service that FOMENTO DE SAN SEBASTIÁN, S.A. offers  Internet users for informative purposes, whereby it may carry out any modifications considered opportune to the design, configuration and contents at any time and without prior notice.


2.3.- Access and use of this Website confers on the visitor the status of User from the moment of access and/or use, implying full and unreserved acceptance of each and every one of these terms and conditions that FOMENTO DE SAN SEBASTIÁN, S.A. includes in this Legal Notice in the version published at the time of access. In this respect, a user will be understood to be anybody that accesses, browses, uses or participates in the services and activities developed on the Website (hereinafter YOU).

 

2.4.- You undertake to use this website correctly, in accordance with the applicable legislation, good faith, public order, uses of this traffic and this Legal Notice, whereby you will be liable to  
FOMENTO DE SAN SEBASTIÁN, S.A. and to third parties for any damages that may be caused as a result of a breach of this obligation.

 

3. Access and Use of the Website

3.1.- Access to this Website is unrestricted and free of charge, part from the cost of connection to the telecommunications network supplied by the operator contracted by each user.


3.2.- You assume responsibility for the use of the Website, and therefore undertake to  to make diligent, responsible and lawful use of the contents and, in particular, refrain from  performing the following actions:


a) Using false identities or impersonating the identity of other people in the use of the Website or its services, including the use of passwords or user IDs of third parties.

 

b) Introducing computer viruses onto the network  or carrying out actions that are liable to alter, harm, interrupt or generate errors or damage in electronic documents, data or physical and logical systems of FOMENTO DE SAN SEBASTIÁN, S.A. or of third parties, or hinder access of other Users to the website and its services through the mass consumption of the IT resources through which FOMENTO DE SAN SEBASTIÁN, S.A. provides its services.

 

c) Attempting to access and, where appropriate, using the e-mail accounts of other people or restricted areas of the FOMENTO DE SAN SEBASTIÁN, S.A. IT systems or those of third parties and extracting information.

 

d) Reproducing, copying, distributing, making available or any other method of publically communicating or modifying the contents, without the prior and express authorisation of the owner of the corresponding rights or it is legally permitted.

 

e) Introducing or incorporating the contents and/or services presented on this Website as one’s own business or professional activity.

 

f) Infringing any intellectual or industrial property rights, or violating the confidentiality of information belonging to FOMENTO DE SAN SEBASTIÁN, S.A. or third parties.

 

g) Using any type of contents and/or information obtained through this Website to carry out advertising or promotional activities, sending any kind of publicity or communication for the purpose of sale or any other commercial nature, or compiling, selling or disseminating this information in any way.

 

h) Using this Website, or the contents and/or services herein to carry out activities contrary to the law, ethics, generally accepted conduct or public order for purposes that are illicit, prohibited or harmful to the rights of third parties.


3.3.- FOMENTO DE SAN SEBASTIÁN, S.A. reserves the right  to interrupt access to the Website at any time and without prior notice, and to interrupt the provision of any or all of the  services provided herein, on technical, security, maintenance, failure of power supply grounds or for any other reason. This interruption may be temporary or permanent.

 

4. Personal Data Protection

4.1.- FOMENTO DE SAN SEBASTIÁN, S.A. undertakes to handle the personal data collected on the website confidentially and adopt the appropriate technical and organisational measures to ensure a level of security that is appropriate to the risk presented, in accordance with the prevailing data protection regulations. However, You must bear in mind that the security measures on Internet are not infallible.


4.2.- In the event that You voluntarily register on the Website or fill in any of the on-line data collection forms available herein to access  some services or contents, you undertake to provide exact and truthful data, and to notify FOMENTO DE SAN SEBASTIÁN, S.A. of any modification to them. Unless expressly indicated otherwise, the data requested in our forms is necessary in order to process your request.
The corresponding on-line registration or data collection forms include a link to the privacy policy which will be applicable to the personal data provided.  Your express acceptance of the corresponding privacy policy will be required in order to complete the form and hence process its submission. The contents of this privacy policy may be subject to modification in order to adapt it to any legislative changes that may occur, as well as criteria and positions issued by the competent Data Protection Authorities. 


4.3.- In order to access any of the services or contents offered, it will be necessary for you to be previously registered on the  Website through the corresponding form. During the registration process, you must select a password, whereby you are fully responsible for its diligent use and maintaining it confidential. Therefore, You are responsible for the safeguarding and confidentiality of any passwords of your choice, and you undertake to refrain from passing it on temporarily or permanently to third parties, or allowing access to third parties. The illicit use of the services by any illegitimate third party that uses a password as a result of its non-diligent use or loss of the password will be your responsibility.


4.4.- If You provide the personal data of other individuals, all of the obligations in relation to this personal data deriving from the prevailing data protection law, and specifically, the duty of informing and obtaining the consent of the owner of the personal data must be fulfilled.


4.5.- Children under the age of 13 may not provide their personal data through the Website, whereby the prior consent  of their father, mother or tutors is required. In any case, FOMENTO DE SAN SEBASTIÁN, S.A. declines any liability for failure to comply with the above.

 

5. Intellectual and Industrial Property

5.1.- FOMENTO DE SAN SEBASTIÁN, S.A. is the owner or has obtained the corresponding licence  regarding the operating rights of the intellectual and industrial property on this Website, as well as the intellectual and industrial property and image rights of the available contents therein, such as texts, photographs, graphs, images, software, designs, trademarks, commercial names, logos, icons, domain names, and other audiovisual or sound contents, as well as its  graphic design and source codes, and, in general, any other sign liable for  industrial or commercial use. All rights are reserved.


5.2.- Under no circumstances shall access to the Website and browsing by a user imply a waiver, transmission, licence or full or partial transfer of these rights by FOMENTO DE SAN SEBASTIÁN, S.A., nor does it give the user any right of use, translation, adaptation, alteration, exploitation, reproduction, distribution or public  communication, for commercial purposes of these contents, without the prior and express authorisation of  FOMENTO DE SAN SEBASTIÁN, S.A. or the owner of the affected rights. Non-compliance of the above will enable FOMENTO DE SAN SEBASTIÁN, S.A. or the owners of the corresponding rights to take the corresponding legal actions.


5.3.- The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorised by the owner of the operating rights is forbidden.

 

6. Exclusions and Liability Waivers

6.1.- The contents of this Website are for informative purposes, whereby full access to all of the contents is not guaranteed, nor their  thoroughness, correctness, validity or accuracy,  suitability or utility for a specific purpose. FOMENTO DE SAN SEBASTIÁN, S.A. excludes, within the limits of the law, any responsibility for damages of any nature derived from  but not limited to the following: errors or omissions in the contents, lack of availability of the Website, or the transmission of virus or malicious or harmful programmes in the contents. However, FOMENTO DE SAN SEBASTIÁN, S.A. declares that it has adopted all of the necessary measures, within its means and the state of the art of technology, to ensure the proper functioning of the Website and avoid the existence and transmission of virus and other harmful components to users.


6.2.- FOMENTO DE SAN SEBASTIÁN, S.A. shall not be liable for the use made by users of the  services and contents of the Website, or any other material herein, infringing intellectual or industrial property rights or any other ownership right of FOMENTO DE SAN SEBASTIÁN, S.A. or third parties.


6.3.- You will be solely responsible for any contributions and comments made on this Website, and recognise and accept that use of the Website, as well as its services and contents, is at your sole risk and responsibility.

 

7. Links

7.1.- Should the website have any links or connections to other Internet sites, FOMENTO DE SAN SEBASTIÁN, S.A. shall not exert any type of control on these sites and contents. Under no circumstances will FOMENTO DE SAN SEBASTIÁN, S.A. assume liability for the contents of third party linked sites, nor will it guarantee the technical availability, quality, reliability, accuracy, truthfulness, legality or validity of any material or information contained in any of these hyperlinks or other Internet sites. In this respect, if You are aware of the unlawfulness of activities developed through these third party linked websites, you must immediately notify FOMENTO DE SAN SEBASTIÁN, S.A. so that it can proceed to stop access to these links.

 

8. Right of Exclusion

FOMENTO DE SAN SEBASTIÁN, S.A. reserves the right to deny or withdraw access to this Website and/or the contents and services offered herein, without any forewarning, on its own initiative or at that of a third party, to those who fail to comply with these general terms of use or any specific terms that may be established.

 

9. General Points

9.1.- In the event of any discrepancy between the provisions set out in the general terms of use and the specific conditions of a specific service, the latter will prevail.


9.2.- If any provision or contents of this Legal Notice were declared fully or partly null or inapplicable through a firm sentence by a competent Court or Tribunal, this nullity or inapplicability shall not affect the remaining terms and conditions, which will remain valid for all intents and purposes. horrek ez lieke erabilera-baldintzetako gainontzeko xedapenei eragingo, beren baliagarritasuna mantenduko dutelarik efektu guztietarako.


9.3.- The  failure of FOMENTO DE SAN SEBASTIÁN, S.A. to exercise or execute any right or provision contained in these terms of use does not constitute a renunciation of these rights, unless recognised and agreed in writing.


9.4.- FOMENTO DE SAN SEBASTIÁN, S.A. may fully or partially modify the conditions set out herein at any time and these modifications will be valid from the time of their publication on this Website. Therefore, it is recommended that you regularly consult this Legal Notice.

 

10. Applicable Law and Jurisdiction

The relations established between FOMENTO DE SAN SEBASTIÁN, S.A., as owner of this Website, and the user, will be governed by the provisions set out in the prevailing legislation related to the applicable legislation and competent jurisdiction. However, in those cases in which the regulation foresees the possibility of  both parties submitting to a Court, FOMENTO DE SAN SEBASTIÁN, S.A. and the user agree to be submitted to the Courts and Tribunals of the city of San Sebastian (Gipuzkoa), expressly renouncing any other jurisdiction that may correspond to them.