GENERAL CONDITIONS OF USE OF THE PORTAL

PLEASE READ THESE CONDITIONS PRIOR TO USING THE PORTAL

This page contains the General Conditions of use of the Internet Portal which the Asociación Cluster Audiovisual de Catalunya (the Audiovisual Cluster Association of Catalonia) located in Barcelona c/Via Laietana 32-34 4th floor, places freely at the disposal of Internet users at the address www.clusteraudiovisual.cat (hereinafter the PORTAL).

The user using the PORTAL accepts these general conditions and is obliged to use the PORTAL, the services and the contents therein in accordance with same. The user accepts that the use of the PORTAL, its services and its contents take place, in all events, under its sole and exclusive responsibility. If you do not agree with these general conditions you should leave the PORTAL.

The Audiovisual Cluster Association of Catalonia reserves the right to amend these General Conditions at any time and without prior warning. Accordingly, the user should review these General Conditions each time access is made to the PORTAL.

The use of certain services offered by the PORTAL is subject to Special Conditions, which may supplement and/or amend the General Conditions which appear here. Accordingly, the user should read carefully the corresponding Special Conditions.

Both the General Conditions as well as the Special Conditions are completed by the notices, usage rules and instructions which are made known to the user by the Audiovisual Cluster Association of Catalonia.

The Audiovisual Cluster Association of Catalonia reserves the right to deny or withhold access to the PORTAL and/or to the services, at any time and without prior warning to the users who do not fulfil these applicable General or Special Conditions.

1. CONDITIONS OF USE AND ACCESS TO THE PORTAL

1.1 Both the access and use of the PORTAL are free for the users and does not require any registration, subject to the connection cost through the corresponding telecommunications network which the User has for access. Nevertheless, there is the possibility that the use of certain services requires the payment of a price and/or registration, if so established in the Special Conditions regulating its use.

1.2 The User is obliged to use the PORTAL, the services provided through same and the contents which appear in conformity with these General and Special Conditions applying, the Law, moral standards and public order.
1.3 Introduction to links, hyperlinks.

a) The PORTAL may contain Links that lead to relevant web pages and/or managed by third parties. The function of the Links which appear in the PORTAL is exclusively to inform the user about other sources of information. The said Links do not imply any suggestion, invitation or recommendation to visit the said sources. The Audiovisual Cluster Association of Catalonia does not represent these web pages, neither the services nor contents thereof. Equally, the Audiovisual Cluster Association of Catalonia does not control, supervise, or approve the contents or services in these web pages. It is the user who exclusively runs the risk and cannot make any claim against Audiovisual Cluster Association of Catalonia for this reason.

b) The introduction of Links in relevant web pages and/or managed by third parties that lead to the PORTAL must be subject to the following conditions:

– The Link shall only allow access to the PORTAL, but in no case shall it be able to reproduce the web pages contained in it.
– The Link can only lead to the home page or principal page of the PORTAL.
– The web page which establishes the Link shall not contain unlawful information or content, contrary to morality, good customs and public order. The establishment of a Link does not imply in any event the existence of relations between the Audiovisual Cluster Association of Catalonia and the owner of the web page in which it is established, neither the acceptance nor the approval on the part of the Audiovisual Cluster Association of Catalonia of its contents or services.

– The existence of a Link does not imply the assignment of intellectual and/or industrial property rights. Accordingly, with the exception of the signs which form part of the Link, the web page where the Link is established cannot contain any other distinctive sign of the Audiovisual Cluster Association of Catalonia.

– No false, inexact or incorrect indications can be made about the PORTAL, its services or contents. Likewise, it should not be understood in any way that the Audiovisual Cluster Association of Catalonia has authorised the Link, or that it supervises and controls the services or contents of the web page where it has been introduced.

– Neither a browser nor a border environment shall be created about the PORTAL.

1.4 The user shall be responsible for any damages of any nature whatsoever that the Audiovisual Cluster Association of Catalonia may suffer as a result of the non-fulfilment of the General and Special Conditions in relation to the use of the PORTAL.

2. DATA OF A PERSONAL NATURE

In order to use certain services, the users must supply in advance to the Audiovisual Cluster Association of Catalonia specific data of a personal nature. The user, upon supplying the data, grants consent to its treatment by the Audiovisual Cluster Association of Catalonia, who shall subject such personal data for the purpose of maintaining the relations and in accordance with the law in force.

The users who have supplied personal data to the Audiovisual Cluster Association of Catalonia have the following rights recognised in accordance with the law in force:

a) Right of access: The right to request and obtain freely information on their personal data supplied for processing, its origin and the communications made or actually planned. This right, except that which proves a legitimate interest, can only be made once every two months.

b) The right of rectification and cancellation. The right to rectify or cancel the personal data, the processing of which is not according to the Law, and in particular when it results in being inexact or incomplete.

c) The right of opposition: The right to oppose the processing of personal data. This right will entail that the personal data are of low processing. The exercise of the right of opposition will imply the end of those relations between la Audiovisual Cluster Association of Catalonia and the users.

In order to exercise such rights or for any other type of consultation about the policy of the Audiovisual Cluster Association of Catalonia in relation to the users who visit its PORTAL, the users should direct themselves to [email protected]

3. EXCLUSION OF GUARANTEES AND RESPONSIBILITY

3.1 Exclusion of guarantee and responsibility for the operation of the PORTAL and of the services:

The Audiovisual Cluster Association of Catalonia does not guarantee the continuity, availability and use of the PORTAL, its services and contents. Accordingly, it is not responsible for possible damages of any nature whatsoever which may arise for the users. All of this without prejudice to that set out in the Special Conditions.

3.2 Exclusion of guarantees and responsibility for the contents:

The Audiovisual Cluster Association of Catalonia does not guarantee the absence of a virus nor other elements which could produce alterations in the computer system of the users or in electronic documents or files stored in it.

The Audiovisual Cluster Association of Catalonia does not guarantee the legality, reliability, accuracy, truthfulness, completeness and timeliness of the contents.

Therefore, the Audiovisual Cluster Association of Catalonia is not liable for possible damages of any nature whatsoever which may arise for the users.

3.3 Exclusion of guarantees and responsibility for the services and contents hosted outside the PORTAL: in accordance with that provided in point 1.3., the Audiovisual Cluster Association of Catalonia is not responsible for damages of any nature whatsoever which may arise for users for this reason.

3.4 Exclusion of guarantees and responsibility for the use that the users may make of the PORTAL, the services and contents: the Audiovisual Cluster Association of Catalonia neither controls nor supervises that the users who use the PORTAL, its services and contents do so in accordance with that provided in the these General Conditions and in the applicable Special Conditions. Therefore, it does not assume any type of responsibility whatsoever with respect to third parties for the behaviour of the users.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

4.1 The Audiovisual Cluster Association of Catalonia does not grant any right whatsoever over its intellectual and industrial property or over any other property or right related to the PORTAL, the services or the contents.

4.2 The user cannot amend, copy, reproduce, transmit, distribute, publish, create derivative works, exhibit, transfer or exploit commercially any material contained in the PORTAL, partially or in totality. Only the copying or printing of the contents of the PORTAL is permitted for purely personal use.

5. DURATION AND TERMINATION

The term of the operation of the PORTAL is, in principle, indefinite, notwithstanding that the Audiovisual Cluster Association of Catalonia can decide to terminate or suspend the operation of the PORTAL. All of which is without prejudice to that provided in the Special Conditions.

6. CHOICE OF LAW AND SUBMISSION TO THE COURTS AND TRIBUNALS

These General Conditions shall be governed by their own stipulations, and in the event that they are not covered, then the Spanish Law shall apply.

Both parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona.

7. DEFINITIONS

For the purpose of these General Conditions the following terms shall have the following definitions:

7.1 Contents: Information, messages, graphics, drawings, sound archives and/or images, photographs, recordings, software and, in general, any type of material accessible through the PORTAL or the services.

7.2 Portal: A set of web pages forming www.clusteraudiovisual.cat

7.3 Link, Connection, Hyperlink: Hypertext pointers which serve to navigate from one piece of information to another, or from one server to another when navigating by Internet.

7.4 Home Page or principal page: This is the initial web page of the initial PORTAL where the users start their enquiries.

7.5 Data of a personal nature: Any information concerning individuals identified or identifiable.

7.6 Internet: Telecommunications network created in 1969 in U.S.A., which can connect people around the world to carry out faster telecommunications.

In order to make any enquiry or suggestion please write to the electronic address [email protected]