Purpose and scope of application
- This Legal Notice establishes the general conditions for use that regulate access, browsing and using the webpages www.sansebastianturismoa.eus, conventionbureau.sansebastianturismoa.eus, press.sansebastianturismoa.eus and accessibility.sansebastianturismoa.eus (hereinafter, Websites collectively, and Website individually), as well as the liabilities stemming from use of their content. Moreover, the provision of certain services or activities within the framework of the Websites may also be subject to other particular conditions that may be established and which, if applicable, replace, complement and/or modify the general conditions for use in this Legal Notice.
- This Website is a service that EFIB. makes available to Internet users for informational purposes, and may make modifications it deems appropriate to the design, configuration and content at any time without prior notice.
- When the visitor accesses and uses this Website, the visitor is deemed a USER, which implies that they fully accept, without reservation, as of said access and/or use, each and every one of the conditions for use that EFIB includes in this Legal Notice, in the version published at the time when the Website is accessed. In this regard, the USER is the individual who accesses, browses, uses or participates in services and activities developed on the Websites.
- The USER undertakes to correctly use the Websites, in compliance with applicable laws, good faith, public order, common standards and this Legal Notice, answering to EFIB and to third parties for any harm or damage that may be caused as a result of failing to comply with said obligation.
Accessing and using the Website
- Accessing this Website is free and open, save the cost of connecting to the telecommunications network supplied by the operator hired by each USER.
- The USER undertakes responsibility for use of the Website. Therefore, the USER undertakes to diligently, responsibility and legally use the content, and particularly, but not exclusively, undertakes to not use it to:
- Use false identities, or impersonate the identity of other users in using the Website or its services, including passwords or third-party user IDs.
- Introduce computer viruses into the network or carry out actions that could alter, harm, interrupt or generate errors or harm in electronic documents, data or physical and logical systems owned by EFIB or by third parties, or hinder other users from accessing the Website and its services by massive consumption of technological resources through which EFIB provides its services.
- Attempt to access, and if applicable, use email accounts belonging to other users or restricted areas in IT systems belonging to EFIB or to third parties, and if applicable, extract information.
- Reproduce, copy, distribute, make available, or publicly communicate, transform or modify the Website’s contents in any way, unless express prior authorisation was granted by the owner of the pertinent rights or doing so is legally permitted.
- Introduce or add the contents and/or services presented on this Website as the User’s own company or professional activity.
- Infringe any intellectual or industrial property rights, or violate the confidentiality of the information belonging to EFIB or to third parties.
- Use the content and/or information of any sort obtained through this Website to conduct advertising or promotional activities, send advertising of any sort and communications for sales purposes or communications of a commercial nature, or to compile, commercialise or disseminate said information in any way.
- Use this Website, or the contents and/or services obtained therefrom, to conduct activities against the law, good morals, proper customs or the public order, for illegal or prohibited purposes or effects, or that harm the rights and interests of third parties.
- EFIB reserves the right to interrupt access to the Website at any time and without prior notice, and to interrupt the provision or any or all services provided through it, whether due to technical, security or maintenance reasons, or power supply failure, or for any other reason. This interruption may be temporary or definitive.
Protection of personal data
- EFIB undertakes to process the personal data collected on the Website confidentially, and to adopt appropriate technical and organisational measures to guarantee a security level for the data that is adequate for the risks they bear, in compliance with governing regulations on data protection. Notwithstanding, the USER must be aware that security measures on the Internet are not impregnable.
- On the Website, personal data are occasionally collected for processing by the EFIB, who shall act as data controller. In this case, the data are processed by EFIB as data processor, and the USER is informed of this circumstance, with the different methods used to collect data on behalf of Town Hall.
- In the event that the USER voluntarily registers or provides its personal data on the Website to access any of the services or contents, the user undertakes to provide precise and truthful data, and to communicate any modification to said data to EFIB.
- If, as a result of registering on the Website, the USER selects a password, the USER undertakes to diligently use the password and keep it secret to access the pertinent services. Consequently, the USER is responsible for appropriate custody and confidentiality of any passwords selected and undertakes to not transfer their use to third parties, neither temporarily nor permanently, nor allow others to access them. The USER shall be held liable for unlawful use of the services by any illegitimate third party who uses a password to this end, due to the USER’S lack of diligent use or loss of the password.
- If a USER provides personal data of other natural persons, the USER undertakes, regarding said data, to comply with all obligations stemming from applicable regulations on data protection, particularly the obligation to inform the owner of the personal data and to obtain said owner’s consent.
- Persons under 14 years of age may not provide their personal data through the Website, as prior consent from their parents or guardians is required. In any event, EFIB shall not be held liable in any way for failure to comply with the aforementioned.
Intellectual and industrial property
- EFIB. is owner of, or has obtained pertinent licenses to the rights to exploit this Website’s intellectual and industrial property, as well as intellectual, industrial and image rights to the contents available on the Website, as well as texts, photographs, graphics, images, software, designs, marks, commercial names, logotypes, icons, domain names and other audio-visual or sound contents, as well as their graphic design and source codes, as well as, in general, any other sign that may be subject to industrial or commercial use. All rights reserved.
- Under no circumstances shall the USER accessing and browsing the Website imply EFIB waiving, transmitting, licensing or total or partial transfer of said rights, nor does it confer the USER any right to use, translate, adapt, alter, exploit, reproduce, distribute or publicly communicate said contents for commercial purposes, without prior express authorisation from EFIB or from the owner of the affected rights. Failure to comply with the aforementioned shall enable EFIB or the owners of the pertinent rights to lodge pertinent legal action.
- The distribution, modification, transfer or public communication of the content and any other action not expressly authorised by the owner of the exploitation rights is strictly prohibited.
Exclusion of guarantees and liability
- The content of this Website is for informational purposes, and access to all content is not fully guaranteed, nor that it is exhaustive, correct, applicable or current, nor that it is suitable or useful for a specific objective. EFIB shall not be held liable, insofar as the legal system permits, for any harm or damage of any type stemming from, including, but not limited to: errors or omissions in the content, unavailability of the Website, or the transmission of a virus or malicious or harmful programme in the content. Notwithstanding, EFIB declares that it has taken all measures necessary, within its possibilities and the state of technology, to guarantee the Website’s operation and to prevent the existence and transmission of viruses and other components harmful to USERS.
- EFIB shall not be held liable for the use the USER makes of the Website’s services and contents, as well as any other material included therein, that infringes intellectual or industrial property rights or any other right owned by EFIB or by third parties.
- The USER shall be the sole liable party for contributions and comments made on this Website. The USER acknowledges and agrees that using the Website, as well as its services and contents, as exclusively at its own risk and liability.
- In the event that the Websites made links or hyperlinks to other Internet sites available, EFIB shall hold no control over said sites and contents. Under no circumstances shall EFIB S.A. be held liable for any of the contents on other websites linked, nor shall it guarantee the technical availability, quality, reliability, exactness, truthfulness, legality or validity or any material or information contained in any of said hyperlinks or other Internet sites. In this regard, if the USERS have effective knowledge of illegal activities conducted through these linked third-party webpages, they must immediately inform EFIB, so it may proceed to disable the link to access them.
- Additionally, if EFIB includes any kind of link to other Internet sites, this does not imply any kind of relationship, association, collaboration or dependence between EFIB and the owner of the third-party website.
Right of exclusion
EFIB reserves the right to deny or remove access to this Website and/or the contents and services offered therein, with no prior notice, at its own behest or at the behest of third parties, for USERS who fail to comply with these general conditions for use or particular conditions that may be established.
- In the event that there is a discrepancy between stipulations between these general conditions for use and the particular conditions for each specific service, the latter shall prevail.
- If any stipulation or content in this Legal Notice were declared null or inapplicable, totally or partially, by a binding judgement from a competent Court or Tribunal, said nullity or derogation shall not affect the other stipulations in the conditions for use, which shall remain completely valid for all intents and purposes.
- If EFIB does not exercise or execute any right or stipulation contained in these conditions for use, this does not imply that they are being waived, unless acknowledged and agreed upon in writing by EFIB.
- EFIB may totally or partially modify the conditions stipulated herein at any time, and said modifications shall be valid as of the same moment when they are published on this Website. Therefore, it is hereby recommended that the USER periodically visit this Legal Notice.
Applicable law and jurisdiction
The relations established between EFIB, as owner of this Website, and the USER, shall be governed by stipulations in applicable regulations regarding applicable legislation and competent jurisdiction. Notwithstanding, in cases where regulations stipulate the possibility of parties submitting to one certain jurisdiction, EFIB and the USER, expressly waiving any other jurisdiction that may be applicable to them, submit to the Courts and Tribunals.