GENERAL CONDITIONS OF USE

This document regulates the relationship between the “PLAN DE ACCIÓN GLOBAL PARA LA TIERRA-GAP ESPAÑA” ("GAP") Association and users of the website www.programagap.es.

ONE. Agreement between the User and the “PLAN DE ACCIÓN GLOBAL PARA LA TIERRA-GAP ESPAÑA” Association

1.1 The “PLAN DE ACCION GLOBAL PARA LA TIERRA – GAP ESPAÑA”, is a Spanish Association, registered in the National Registry of Associations with no.161.132, of 6 November 1996). The main objective of the Association, which represents the Global Action Plan in Spain, is as follows: To help citizens to make a significant contribution to improving the environmental quality of our planet through a sustainable change to their habits when consuming resources and by encouraging the development of a sustainable lifestyle.

GAP pursues this objective though the website www.programagap.es. By registering and browsing the aforementioned website, the User has been informed and freely accepts these General Conditions of Use without exception or modification.
1.2 GAP and the User are subject to the provisions of the following laws governing Consumers and Users: Law 26/1984, of 19th July, the General Law for the Defence of Consumers and Users, Law 44/2006 of 29 December 2006 on Improving the Protection of Consumers and Users and Law 34/2002 on Information Society Services and Electronic Commerce of 11 July 2002.

They are also subject to the regulations on Protection of Data of a Personal Data (LOPD) governed by the Organic Law 15/1999 of 13 December and its regulation, ROYAL DECREE 1720/2007, of 21 December. 

TWO. Duties and responsibilities of GAP.

2.1 GAP must carry out its activities with due diligence, loyally and in good faith in its relations with the User. GAP undertakes to offer its services to the best of its abilities using all available resources, endeavouring to offer the service twenty-four (24) hours a day, seven (7) days of the week in the most secure manner possible, with the exception of any incidents outside the control of GAP.

2.2 In this regard, GAP reserves the right to interrupt the service to make technical repairs, service its equipment or to make improvements to the services themselves. GAP accepts no liability for conduct exclusively attributable to the User.

GAP is unable to guarantee that the service will be available continuously or uninterruptedly, due to potential problems with the Internet network, server faults or other unforeseen circumstances.

2.3 When necessary to comply with the applicable law or judicial proceedings, GAP reserves the right to disclose information to the judicial administrative authorities when required to do so. GAP reserves the right to edit or reject posts from Users and to delete all or any User information or material at its own discretion.

2.4 GAP suggests you be extremely careful with regard to the information that you supply to GAP that identifies you and your children. GAP neither controls nor approves messages or information published on these services and therefore, GAP expressly waives all liability for these, and for all consequences of participation of the User in any of the communication services provided. The administrators are not authorised representatives of GAP, and their points of view do not necessarily reflect those of GAP.

THREE. Duties and responsibilities of the User.

3.1 The User undertakes to abide by the conditions of use of the service: Use of the service contrary to the requirements of good faith is prohibited, and in particular:

  • Use which is contrary to Spanish law or which breaches third party rights.
  • “Cracks”, programme series numbers or any other content that infringes third-party intellectual property rights.
  • Gathering and/or use of other users' personal data without their express consent in contravention of the provisions of the Organic Law 15/1999 of 13 December on Protection of Data of a Personal Nature and its applicable regulatory provisions.

3.2 The User is entirely responsible for all content uploaded to the website www.programagap.es, third party actions, and legal actions that may arise as a result of breach of intellectual property rights, rights to personal privacy and protection of minors. The User is responsible for all data it supplies on the GAP website.

3.3 The User is responsible for breaches of the law or regulations in force, of the rules governing the operation of the service, those regulating e-commerce, copyright, public order and the general principles governing the user of the Internet.

3.4 The User is entirely liable for its access to and use of the GAP website, therefore GAP accepts no liability for direct or indirect damage caused by the User to third parties.

FOUR. COMMUNICATION SERVICES.

4.1 The  www.programagap.es may contain bulletin board services, chat areas, user groups, discussion forums, communities, personal web pages, calendars and/or other messaging or communication services ("communication services"), designed to enable Users to communicate with the general public, or with a specific group of people.

4.2 Users agree to use the communication services solely to announce, send or receive messages and material that is appropriate and which has a connection to the communication service.

The user also agrees to make reasonable use of these communication services, and that they may not be used to:

  • Defame, abuse, harass, threaten or in any other manner violate the right to privacy of other persons.
  • Publish, announce, upload, distribute information on any topic, name, material or information, which is appropriate, indecent, offensive, defamatory, obscene or illegal.
  • Upload files that contain "software" or other material protected by Intellectual Property laws (or privacy rights) unless the User owns said materials and/or has the right to dispose of the aforementioned rights, or has obtained the necessary express consent from its owners.
  • Upload files that contain viruses, or which are corrupt, or any other "software" or programme that may damage a computer belonging to a third party.
  • Publish or offer any goods or services for sale for commercial purposes, except when this communication service specifically permits this type of messages.
  • Send or forward surveys, contests, chain letter or pyramid schemes.
  • Download files uploaded by other users from a communication service if the user knows, or should reasonably know, that they should not be distributed legally in this manner.
  • Falsify or delete any references to the author, legal references or warnings or notices of ownership or labels of origin or source of the software or other material contained in the file uploaded.
  • Restrict or hinder other users' normal use and enjoyment of the communication services.
  • Infringe laws, codes of conduct or other regulations applicable to a communication service.
  • Gather information about third parties, including email addresses, without their consent.

4.3 GAP has no obligation to monitor the communication services. However, GAP reserves the right to review the materials advertised in the communication services and to delete them at its sole discretion.

GAP reserves the right to deny a User access to any or all the communication services, at any time without giving notice and for any reason, provided this is duly justified.

4.4 The materials uploaded to a communication service may be subject to limitations on use, reproduction or dissemination established by the person who has uploaded them. The User is responsible for abiding by those limitations if he performs any of these actions with any of these materials.

FIVE. Links to third party sites.

5.1 The website www.programagap.es to which this document refers may contain links to other websites ("linked sites").

The links are made available to Users solely because they may be useful. 

5.2 Inclusion of these links in no way implied approval by GAP of the linked sites or their content, or any association with its operators.

The linked sites are independent from GAP, and therefore GAP is not responsible for their content. GAP is not responsible for any webcasting transmissions or any other forms of transmission received from any other linked websites.

SIX. Content published on the GAP website.

6.1 The User undertakes not to post any content that violates the law, morality or public order, or any other content that includes but is not limited to content that may be interpreted as sexist, racist, inciting racism, hatred, violence, xenophobia, terrorism, containing child pornography or other behaviour considered illegal in Spain or abroad. The User also undertakes not to upload files that violate the intellectual property rights, holding GAP completely harmless of all claims, in or out of court, and any contractual or extra-contractual damage, which might result from such content.

6.2 Under no circumstances will GAP accept liability for content published by Users, because it does not mediate or administrate this content. Based on the provisions of article 16 of Law 34/2002 on Information Society Services and Electronic Commerce of 11 July 2002, GAP is not obliged to delete any content from the server that it does not know is illegal or damages third-party goods or rights. For this purpose, it is understood to have knowledge when there is a judicial or administrative decision that orders blockage or removal of the contents and GAP has been duly notified of this.

6.3 In any case, GAP will collaborate with the Spanish State Security Forces when it is asked for information about Users for the purpose of judicial or police investigations.

GAP reserves the right to automatically and unilaterally limit access to any User who is allegedly using the service to carry out illegal activities in Spain or abroad.

6.4 If, while carrying out maintenance, GAP detects abuse of the service by a User, or detects other changes that are damaging or detrimental to the service or to users rights', it reserves the right to suspend all or part of the service to the User.

6.5 If a User damages the GAP server by introducing software or other harmful content, GAP reserves the right to automatically restrict access to the User, without any compensation, regardless of the claims that GAP may bring for loss and damages caused to the server.

SEVEN. Intellectual property rights.

7.1 GAP guarantees the originality and ownership of its copyright over the content ofwww.programagap.es and declares that use thereof does not infringe any law, document, third property right or property, and that in no circumstances does it constitute unfair competition.

The computer programme, logos, brands and contents are the property of GAP or its suppliers and are protected by Spanish intellectual property law and, in the event, by European Union Law.

All rights not expressly assigned on the website www.programagap.es , are reserved by GAP.

7.2 The company names, product brands and services mentioned on the website are the property of their respective owners.

Any names used as examples of companies, organisations, products, services, people and events described on the website are fictitious. They should not be associated with and no relationship should be inferred with any real companies, organisations, products, services, people or real events, unless this is explicitly established in such terms.

EIGHT. Confidentiality.

8.1 The parties do not consider information is confidential if it has been disclosed by the affected party, made public, or which has been revealed in accordance with the law or is required to comply with a judicial or administrative decision or has been obtained by a third party that is not subject to a duty to confidentiality.

8.2 GAP will not be considered the owner of the information supplied by the User (including comments and suggestions) or which is advertised, offered, uploaded, entered, remitted or delivered to the GAP website or its associated services (herein "deliveries").. However, by advertising, publishing, uploading, entering, supplying or delivering material, the user deemed to grant permission to GAP and to its affiliates and licence holders to use these deliveries for their respective online businesses, including, but not limited to the right to copy, distribute, transmit, show to the public, present to the public, reproduce, edit, translate and reformat the deliveries and to publish the name of their companies in connection with the deliveries.

8.3 GAP will not compensate users for the use of their deliveries.

8.4 GAP is under no obligation to advertise, publish or use any of the deliveries that the User may supply, and may also delete any deliveries they have received, at any time and at its own discretion.

8.5 The mere fact of advertising, uploading, entering, supplying or making deliveries, the User confirms and guarantees that it is the owner, and that it holds all rights over its delivery. Including all rights necessary to supply, advertise, upload and introduce deliveries.

NINE. Policy for protection of data of a personal nature.

9.1 GAP, in accordance with the current regulations governing protection of data of a personal nature in Spain, states that the personal data gathered on forms on the website www.programagap.es is included in specific databases of GAP users.

The data of a personal nature is automated and processed in order to maintain the relationship entered into with GAP, to provide the service and for information, training, marketing purposes (the latter will always be identified as such), and other activities in connection with the activity of GAP.

9.2 GAP will take the necessary basic technical and organisational measures to guarantee the security, integrity and confidentiality of the data in accordance with the provisions of the Organic Law 15/99 of 13 December on Protection of Data of a Personal Nature and its applicable regulatory provisions.

9.3 The User registered on the website www.programagap.es may, at any time, exercise the right to access, oppose, rectify and cancel recognised in the Organic Law 15/99 of 13 December, on Protection of Data of a Personal Nature (LOPD) before the “PLAN DE ACCION GLOBAL PARA LA TIERRA – GAP ESPAÑA” Association, whose address is in Calle Aragonito, 22, Postal Code 28023 Madrid (Spain), providing evidence of identity.

You may request more information to exercise your rights at the following email address: info@programagap.org

9.4 GAP accepts no liability for breach by the User of the LOPD, or the activity corresponding to the user, as established in these General Conditions of Use.   

9.5 The User declares that all the data furnished is true and correct and undertakes to keep it up to date, notifying GAP of any changes. The User is responsible for the veracity of the data and is the only party responsible in case of conflicts or disputes that may arise because the data is false.

9.6 Once GAP's contractual service concludes, the personal data must be destroyed along with any medium or document that contains personal data for the purpose of processing.

TEN. Amendments to the conditions of use.

10.1 GAP reserves the right to amend the characteristics and conditions of its products as well as the prices and costs associated with use of the website to develop and benefit the service itself.

If, as a result of developments or technological advances, there are advances in its services, management systems or administration, GAP will make the necessary changes to adapt to these developments.

ELEVEN. Limited liability

11.1 The information, software, products and services included or available on the websitewww.programagap.es may contain inaccurate information or typographical errors. Users should refrain from taking the suggestions they receive from this website into consideration when making personal, medical, legal or financial decisions.

11.2 GAP and/or its suppliers do not make statements with regard to the advisability, reliability, availability, currency or accuracy of the information, software, products, services and graphics on the website www.programagap.es, for any purpose. GAP and/or its suppliers will not honour any guarantees or conditions regarding this information, software, products, services and related graphs, including any implicit guarantees or conditions (intellectual property rights) when marketing and/or adapting the contents of the website  www.programagap.es for a specific purpose.

In accordance with the applicable laws, under no circumstances will GAP and/or its suppliers be liable for any direct or indirect damage, including, but not limited to damages such as loss of use, data or profits arising from the use, or in any way related to the use or performance of the website www.programagap.es, or due to delays or impossibility of use of the website or its related services, even when GAP or any of its suppliers has been notified of any possible damage.

11.3 Some jurisdictions do not permit exclusion or limitation of liability for incidental or consequential damages, therefore the above may not be applicable in some specific cases. If the User is not satisfied with any part of the website www.programagap.es, or with any of the terms of use in this document, the only course of action is for the User to stop using this website.

Service contact: info@programagap.org

TWELVE. End of service / restricted access.

12.1GAP reserves the right to automatically and unilaterally limit access to any User who is allegedly using the www.programagap.esservice to carry out illegal activities.

12.2. If GAP detects any type of anomaly, saturation by a User, attempted attacks or similar situations, it reserves the right to suspend the service, barring the user for as long as it sees fit to resolve the problem.

THIRTEEN. Applicable law and jurisdiction.

13.1 Spanish law is applicable to everything not foreseen in these General Conditions of Use and to resolve all disputes arising between the parties.

13.2 In the event of disputes regarding the interpretation or execution of these General Conditions of Use that cannot be resolved by mutual agreement, these will be resolved at the behest or either party, after serving written notice to the other, by the Madrid Official Chamber of Commerce and Industry Arbitration Court.

Arbitration proceedings will be held in Madrid in compliance with the regulations of the Spanish Arbitration Law 60/2003 of 23 December and of the regulation of the Madrid Official Chamber of Commerce and Industry Arbitration Court.

If the claim is brought by a User, in accordance with Law 26/1984, of 19th July, the General Law for the Defence of Consumers and Users, arbitration proceedings will be heard by the Consumer Arbitration Board of the Autonomous Region where the User resides.

Each party shall be responsible for its own arbitration costs, although compensation and arbiters' costs are payable as determined by the arbiters' decision.

13.3 All the above notwithstanding any legal actions that the parties may bring which, in this case, will be heard by the courts of Madrid, both parties expressly renouncing their right to resort to any other jurisdiction.

13.4 If reasonably possible, these General Conditions of Use shall continue to be binding during all disputes, arbitration or court proceedings.

Copyright 2009 Plan de Acción Global | GENERAL CONDITIONS OF USE
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