This legal notice and information (herein, the "Legal Notice") regulates the use of the service of the “www.fundacionrepsol.com” internet portal (herein, the "Portal").
Pursuant to the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), you are hereby notified of the following general information about this website:
- Responsible: Fundación Repsol
- Address: Acanto, 22. Floor 10 – 28045 Madrid, Spain
- Contact: firstname.lastname@example.org or (34) 91.753.90.79
- Registry Record: registered with the Registry of Foundations of the Ministry of Culture, under number 263.
- CIF: G-81251860
Those accessing and/or using the Portal shall be considered users, and from that moment on shall fully accept these General Conditions as well as the Particular Conditions which, where applicable, complement, modify or replace the General Conditions in relation to specific services and contents of the Portal. Therefore, before using the services offered by the Portal, users must also carefully read the relevant Particular Conditions.
Likewise, the use of the Portal is also subject to all notices, regulations governing use and instructions, made available to the user by Fundación Repsol to the extent in which they replace, complement and/or modify this Legal Notice.
II.- Use of the website, its services and contents;
The Services are provided by Fundación Repsol to the users free of charge.
In general, the provision of the services does not require prior subscription or registry by the users. However, Fundación Repsol may establish conditions regarding the use of some of the services. These conditions may involve the user filling-out the corresponding user registry or completing forms. In any case, the registry shall be carried out in the manner expressly indicated in the service itself or in the Particular Conditions which govern the service, for which the user shall facilitate truthful information and maintain this information updated at all times. The User will be solely responsible for all false or inaccurate declarations he/she makes and for any damage caused to Fundación Repsol or third parties attributable to the information provided.
The User undertakes to use the Website and its services and contents without contravening the provisions of this Legal Notice and any Conditions which complement, modify or replace it, the current legislation, good faith, the generally accepted uses and the public order. Likewise, it is forbidden to use the Website for illegal or malicious purposes aimed towards Fundación Repsol or any other third party, or those which may damage or prevent in any way the normal operation of the Website.
In relation to the contents (information, texts, graphics, audio and/or image files, photographs, designs, etc), the following is forbidden:
- Reproduction, copy, distribution, public communication, transformation or modification, unless authorised otherwise by the legal holders or unless this action is legally permitted.
- Any infringement of the rights of Fundación Repsol or of the legal holders of the same.
- Its use for any type of commercial or publicity purposes, other than those strictly permitted.
- Any attempt to obtain the contents of the Portal via any other means other than those made available to the users, as well as those used normally on the net, provided these do not cause any damage to the Portal of Fundación Repsol and/or the Services or Contents.
III.- Liability of the user due to damage or loss
The use of the Portal shall be carried out subject to the User’s sole and exclusive responsibility, expressly exonerating Fundación Repsol from any loss and/or damage caused to the User or third parties due to these making a use other than that established in this Legal Notice and in the Particular Conditions which are applicable in each case. This liability shall extend to the use, by the User or any other third party, of any password or similar assigned for gaining access to the Portal, where appropriate, or to any of its services.
Without prejudice of the above, Fundación Repsol reserves the right to deny at any moment and without giving prior notice, access to the Portal, to any users who infringe these general conditions or the particular conditions which are applicable in each case.
IV.- Unilateral modification
Fundación Repsol may unilaterally modify, without prior notice, when deemed appropriate, the structure and design of the Portal, as well as modify or eliminate the services, contents and the conditions regarding access and/or use of the Portal.
The persons or entities that intend on creating or have created a hyperlink from a website of another internet portal to any of the pages of the Fundación Repsol Portal will be subject to the following conditions:
- Any sort of reproduction to any extent of any of the services or contents of the Fundación Repsol Portal is forbidden.
- No deep-links, IMG or image links or frames shall be established with the pages of the Fundación Repsol Portal, without having obtained prior express authorisation from Fundación Repsol.
- No false, inaccurate or incorrect declaration shall be included regarding the pages of the Fundación Repsol Portal, its employees or in relation to the services or contents of the Portal.
- Except for any signs which are a part of the “hyperlink”, the website on which it is established shall not contain any brand, commercial name, establishment name, trade name, logo, slogan or any other distinctive signs belonging to Fundación Repsol, unless the latter grants its express authorisation.
- The establishment of a “hyperlink” will not entail the existence of a relationship between Fundación Repsol and the holder of the website or the portal from where it is linked, or the knowledge and acceptance by Fundación Repsol of the services and contents offered on this portal.
- Fundación Repsol will not be liable for the contents or services made available to the public on the website or portal from which the “hyperlink” is created, or for the information and declarations included in the same.
- Any "hyperlink” to the Fundación Repsol Portal shall be made to its main page or the main pages of the sections it contains.
The Fundación Repsol Portal may make available to the users connections and links to other websites managed and controlled by third parties. These links are for the exclusive purpose of facilitating the users their search for information, contents and services on the Internet, and under no circumstance will this be considered a suggestion, recommendation or invitation to visit these sites. Fundación Repsol does not market, direct, previously verify or make its own the contents, services, information and declarations available on these websites.
Fundación Repsol accepts no liability of any type, whether indirectly or as a subsidiary, for any damage and loss which may be caused by the access, maintenance, use, quality, reliability and usefulness of the contents, information, communications, opinions, declarations, products and services existing or offered on the websites which are not managed by Fundación Repsol and are accessible via the Fundación Repsol Portal.
Fundación Repsol may gather by means of the different forms located on the Portal personal data and information from the Users, for its storage and/or use in relation to the same User. The data provided by the Users shall be included in a computer file property of Fundación Repsol, with address Acanto, 22. Floor 10 – 28045 Madrid, Spain (herein “Party Responsible for the File”). For each of the forms in which personal data is gathered, the User shall receive from the Party Responsible for the File detailed information regarding its handling, purpose, the use of the data, the mandatory or optional nature of the answers, the consequences of a denial to provide these answers and, in general, of all mentions required by law in force in relation to protection of data of a personal nature. The Party Responsible for the File undertakes to handle the personal data of the Users pursuant to the provisions of regulations in force and, specifically, to treat with confidentiality the Users’ personal data to which it has access as a consequence of their surfing the Portal. However, the Party Responsible for the File may reveal the personal data and any other information related to the User when required to do so by public authorities when exercising the functions they have been legally attribute and in accordance with applicable provisions. The Party Responsible for the File undertakes to adopt all necessary measures of a technical and organisational nature in order to avoid the alteration, loss and the unauthorised handling or access to this data. Notwithstanding the above, due to the current security conditions on the Internet, the Party Responsible for the File cannot guarantee that the Users’ information will not be illegally used by third parties. In consequence, neither Fundación Repsol nor the Party Responsible for the File guarantee or take on any responsibility for any damage or loss, of any nature, which may derive from the alteration, loss, handling, unauthorised access or illegal use of the Users’ Information carried out by third parties. The User undertakes to maintain duly updated the data provided to the Party Responsible for the File. The User shall be liable for any damage or loss caused to Fundación Repsol and/or third parties as a consequence of the lack of truthfulness, inaccuracy, lack of validity and authenticity of the data provided.
The User may, at any moment, exercise his/her right to access, rectify, cancel or oppose the handling of his/her personal data, by written notification addressed to Fundación Repsol Acanto, 22. Floor 10 – 28045 Madrid, Spain or to the e-mail address: email@example.com.
VII.- Responsibility and guarantee disclaimer
Fundación Repsol provides no guarantee and accepts no liability, under any circumstance, for the damage and loss of any nature caused by:
- A lack of availability, maintenance and effective operation of the Portal and/or of its services or contents.
- A lack of usefulness, adaptation or validity of the Portal and/or of its services or contents to satisfy the needs, activities or specific results or expectations of the users.
- The existence of viruses, malicious or damaging programmes in the contents and/or services provides via the Portal, which may cause alterations in the computer system (software and hardware) or in the electronic documents and files stored by the user.
- The reception, procurement, storage, distribution or transfer, by the users, of the contents and the infringement of the intellectual property rights, as well as rights related to industrial property, brands, honour, personal and family privacy, data protection, image, property or any other right of third parties as a consequence of this. The illegal, negligent or fraudulent use, contrary to these General Conditions, to good faith, to the generally accepted uses or to public order, of the Portal, its services or contents, carried out by the users.
- A lack of legality, quality, reliability, usefulness, updating and availability of the services provided by third parties and made available to the users on the Portal and/or of the contents.
- The infringement by third parties of their obligations or commitments in relation to the services provided to the users via the Portal.
- The opinions disclosed by the users on the forums, chats and opinion messages which may be opened in the different areas of the Portal.
- The knowledge which unauthorised third parties may have of the class, conditions, characteristics and circumstances of the use which the users make of the Portal and of the services and/or contents.
The duration of the provision of service of the Portal and of the services is of an indefinite nature.
Notwithstanding the above, Fundación Repsol reserves the right to interrupt, suspend or terminate the provision of service of the Portal or of any of the services and/or contents therein, under the same terms as those gathered in clause three.
IX.- Industrial and Intellectual Property
All of the brands, trade names and distinctive signs of any type which appear on the Portal are owned by Fundación Repsol or third parties, without considering that the use or access to the Portal and/or the Services grants the User any right whatsoever over the aforementioned brands, trade names and/or distinctive signs.
Likewise, the Contents are the intellectual property of Fundación Repsol or of third parties, without considering, by virtue of the provisions of this Legal Notice, that the User has been assigned any of the rights to use which exist or may exist regarding these Contents furthermore than those strictly necessary for the correct use of the Portal and of the Services.
For the purpose of preserving the possible industrial and intellectual property rights, in the event of any user or third party considering their legitimate rights have been infringed due to the introduction of a specific content in the Portal, these parties must notify Fundación Repsol, stating:
- Personal details of the interested parties whose rights have allegedly been infringed. If the claim is filed by a third party other than the interested party, the first must state the representation with which the he/she is acting.
- Indication of the contents protected by the industrial or intellectual property rights and their location on the Portal.
- Accreditation of the aforementioned industrial or intellectual property rights.
- Express declaration in which the interested party takes responsibility for the veracity of the information provided in the notification.
The brands included in the Portal are subject to the legislation applicable in relation to industrial property, prohibiting their reproduction or use without having obtained authorisation from the holder.
Any mention or reference made to Industrial property rights of third parties, included in the Portal, entail an acknowledgement by Fundación Repsol in favour of their holders, of the corresponding industrial and intellectual property rights, not entailing their inclusion or reference on the Portal, the existence of any right or responsibility on behalf of Fundación Repsol regarding the same, having duly authorised their inclusion and mention, in accordance with the provisions of the law in force, and not allowing for this inclusion to be considered as a sponsorship or recommendation made by Fundación Repsol with regard to the aforementioned brands.
The Intellectual property rights of the Portal www.fundacionrepsol.com as well as any of the elements susceptible to being considered as such under the Intellectual Property Regulation belong solely and exclusively to Fundación Repsol, due to which the latter is the holder of all intellectual property rights.
As the sole owner of the intellectual property rights of the Portal, Fundación Repsol has the exclusive right to exercise the rights derived from the ownership of the website www.fundacionrepsol.com, and in consequence, to grant any authorisation for exercising any activity derived from the rights of use, and in particular, the right to reproduce, the right to public communication or the right to transformation, regardless of the format used.
The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by third parties is the exclusive responsibility of these parties.
Fundación Repsol aims for all people, regardless of their disability, condition or technological equipment to access the Portal. For this, it has taken several measures:
- Programming of the site following the recommendation related to Cascading Style Sheets, Level 2, of the W3C
- Logical order of presentation of the onscreen elements
- Alternative text in the images
XI.- Applicable law and jurisdiction
The present General Conditions shall be governed by the Spanish law.
Fundación Repsol and the User submit to the Courts and Tribunals of the domicile of the User for the resolution of any disputes arising or actions being exercised derived from the provision of the service of the Portal and of its services and contents and in the interpretation, application, fulfilment or non-compliance of the provisions established herein, expressly renouncing to all other codes of law that may be applicable to them. In the event that the User is resident outside Spain, Fundación Repsol and the User, expressly renouncing all other codes of law, undertake to be bound by Jurisdiction of the Courts and Tribunals of Madrid.