The website https://www.barcelonactiva.cat/(hereinafter, the "Website") belongs to BARCELONA ACTIVA, S.A. SOCIEDAD PRIVADA MUNICIPAL (hereinafter, "BARCELONA ACTIVA") with CIF A58295296 and registered office at Carrer de la Llacuna, No. 162 (08018) Barcelona, duly registered in the Mercantile Register of Barcelona.
By using the Website, the user accepts this legal notice (hereinafter, the "Legal Notice") and undertakes to use the Website, as well as the services and contents hosted therein, in accordance with this Legal Notice and under his/her sole and exclusive responsibility.
1. Identification of the Parties
The Legal Notice is signed, on the one hand, by BARCELONA ACTIVA and, on the other, by the end user interested in the services offered through the Website (hereinafter, "the user"), the personal data of which are those provided by the latter to the Website and/or those derived from the previous relationship with BARCELONA ACTIVA.
Access to and/or use of this Website confers the condition of user on the person concerned, who accepts, from this access and/or use, the Legal Notice herein.
2. Purpose and scope of application
This Legal Notice regulates the access, browsing and use of the Website by the user.
By accessing and/or using the Website, the user accepts BARCELONA ACTIVA's Legal Notice and does so at his/her own risk. The user undertakes to use the contents, information and data of the Website in accordance with this Legal Notice, with the rest of the policies accessible through the Website, with the applicable regulations, with generally accepted good customs and with public order.
3. Availability of the Website
The website is available to all users with Internet access.
BARCELONA ACTIVA makes every effort to ensure that the Website is available at all times. However, access to the Website is through an Internet connection, which means that its quality and availability may be altered by factors beyond the responsible control of BARCELONA ACTIVA.
BARCELONA ACTIVA accepts no liability for the unavailability of the Website, for the impossibility and/or difficulties in downloading or accessing the content, or for any other failure in the communication system that may lead to its unavailability.
4. Access and Use of the Website
4.1. Access to the Website
Access to and use of the Website is free of charge, except for the cost of connection through the telecommunications network supplied by the access provider contracted by each User.
Access to the Website, as well as any non-consensual use that may be made of the information contained therein, is the sole responsibility of the user.
4.2. Use of the Website
The user assumes responsibility for the use of the Website. This responsibility extends to the registration required to access certain services or content. In this registration, the user will be responsible for providing truthful and lawful information. As a result of this registration, the user may be provided with a password for which he/she shall be responsible, undertaking to use it diligently and confidentially.
BARCELONA ACTIVA shall not be liable for any consequence, damage or harm that may arise from said access, use or non-compliance with this Legal Notice, nor shall it be liable for any security errors that may occur or for any damage that may be caused to the user's computer system and/or mobile operating system (hardware and software) or to the files or documents stored therein as a result of: (i) the presence of a virus in the user's device used to connect to the services and/or products offered by BARCELONA ACTIVA via the website; (ii) a malfunction of the browser; and (iii) the use of non-updated versions of the same.
5. Rules of Use of the Website for users
In this regard, the user undertakes to:
- · Provide truthful information regarding the data requested on the forms provided by BARCELONA ACTIVA for access to certain contents or services offered through the Website, and to keep such data up to date. BARCELONA ACTIVA reserves the right, without prejudice to other legal measures at its disposal, to withdraw, deny or suspend access to the Website in the event that the data provided is or may be false, inaccurate or incomplete. In any event, the user will be fully responsible for the data or content that he/she transmits or communicates to BARCELONA ACTIVA.
- · Not to use the Website or any of the elements that comprise it to carry out time-sharing operations, to become a provider of software application services insofar as they are aimed at enabling third parties to access the platform or any of its components, through rental operations, administrative services or any other similar services, sharing them or making them available to third parties.
- · Not to use the Website to collect personal data of other users.
- · Not to use the Website as a system for the management and exchange of information and/or documentation that is illegal, contrary to morality or public order, contrary to copyright and/or industrial property rights.
- · Not to carry out acts of reverse engineering, the taking of requirements and other activities aimed at developing an online platform identical or similar to that made available by BARCELONA ACTIVA, as this activity may be considered an act of unfair competition and an infringement of the intellectual and industrial property rights that BARCELONA ACTIVA holds over the Website.
- · Not to subject the Website to workloads that are clearly aimed at destabilising it, including denial of service attacks (DDoS) or similar situations. In the event that this type of situation is detected, the service level indicated above shall not apply, and it shall be considered an emergency situation.
- · Not to remove, delete, alter, manipulate or in any way modify any notes, legends, indications or symbols that BARCELONA ACTIVA, as the legitimate holder of the rights, incorporates into its intellectual or industrial property properties (for example, copyright, ©, ® and TM), whether on the platform itself or in the associated material.
- · Not to cause damage to the physical and logical systems of BARCELONA ACTIVA, its suppliers or third parties; to introduce or disseminate computer viruses or any other physical or logical systems that may be susceptible to causing the aforementioned damage.
- · Inform BARCELONA ACTIVA of any event or situation that may have occurred that could jeopardise the security of access by authorised users.
- · Not to impede the normal development of an event, competition, promotion or any other activity available through the Website, whether by altering or attempting to alter, illegally or in any other way, access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent methods of participation, by means of any procedure, and/or through any practice that violates or infringes this Legal Notice in any way whatsoever.
- · Refrain from using the contents of the Website for purposes or effects that are illicit, prohibited or contrary to those established herein, harmful to the rights and interests of BARCELONA ACTIVA, other users, third parties or that may in any way damage, render useless, overload or deteriorate this Website or prevent the normal use or enjoyment of the same by users.
- · Refrain from forcing faults or security breaches on the Website.
6. Links to other websites
In the event of accessing other computer networks or resources, the user accepts to be subject to the provisions of the corresponding privacy policies. Consequently, BARCELONA ACTIVA accepts no responsibility for either the content or the security measures adopted by these.
Likewise, neither does it guarantee the absence of viruses or other elements in the content linked to from the Website that may cause alterations to the user's computer system (hardware and software), documents or files, excluding BARCELONA ACTIVA from any liability arising from damages of any kind caused by any of the above.
In any event, BARCELONA ACTIVA shall immediately remove any link when the content to which it redirects may contravene national or international legislation, morality or public order. Likewise, the inclusion of these external links shall not imply any type of association, merger or participation with the linked entities.
7. Exclusion of guarantees and liability
BARCELONA ACTIVA does not guarantee the permanent availability of the services offered on the Website, although it shall make its best efforts to guarantee their regularity and proper functioning. To this end, BARCELONA ACTIVA declares that it has adopted and shall adopt all necessary and reasonable measures, within its possibilities and the state of technology, to guarantee the correct functioning of the Website.
Nevertheless, BARCELONA ACTIVA accepts no liability for any damages that may arise from disconnections, interferences or interruptions that may occur in access to or browsing the Website, nor for any damages that may arise for the user or for third parties as a result of the existence and propagation of computer viruses or other harmful elements.
Nor does BARCELONA ACTIVA accept any responsibility for any errors or omissions that may be present in the content of the Website, or for any actions that The User may carry out on the basis of said content.
8. Modification of the Legal Notice
BARCELONA ACTIVA reserves the right to make, without prior notice, any modifications it deems appropriate to this Legal Notice, it being the responsibility of the User to read these carefully each time he/she wishes to use the Website in order to check or ascertain the existence of modifications or changes to the same, taking as a reference the date of the last update. BARCELONA ACTIVA may change, delete or add both the content and services provided through the Website and the way in which they are presented or located on the website.
9. Intellectual and industrial property
The user acknowledges and accepts that all industrial and intellectual property rights of the Website, including the contents and/or any other element inserted by BARCELONA ACTIVA on the Website (including, but not limited to, all those elements that make up the visual appearance, graphic image and other sensory stimuli that make up the Website or look and feel, brands, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, navigation architecture, as well as source codes), belong exclusively to BARCELONA ACTIVA and/or to third parties who have legitimately transferred their rights to it. For these purposes, the Website shall be understood to be all those creations incorporated and expressed by BARCELONA ACTIVA by means of any tangible or intangible medium and/or support, known or to be known, which are subject to protection by the current regulations on intellectual and industrial property.
The mere viewing, printing, downloading or temporary storage, either in full or in part, of the contents and/or elements inserted by BARCELONA ACTIVA on the Website is authorised exclusively for personal, private and non-profit use by the user, provided that, in all cases, the origin and/or author of the same is indicated and that, where applicable, the copyright symbol and/or industrial property notes of their owners appear. Any other use of any right shall be subject to the prior and express authorisation specifically granted for this purpose by BARCELONA ACTIVA or the third party holder of the rights affected.
The use of such elements, their total or partial reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration, decompilation and/or any other act of exploitation of the Website and whose image rights BARCELONA ACTIVA has the right to use is categorically forbidden. For any use other than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights in question.
This Legal Notice does not confer on the user any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its contents other than those expressly provided for herein. Any other use of any right shall be subject to the prior and express authorisation specifically granted for this purpose by BARCELONA ACTIVA or the third party holder of the rights affected.
Notwithstanding the foregoing, if the user considers that any content of the Website may infringe intellectual and industrial property rights, please inform us as soon as possible by sending an e-mail to firstname.lastname@example.org.
10. Data protection
BARCELONA ACTIVA complies with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (hereinafter, the "GDPR"), Organic Law 3/2018, of 5 December 2018, on the Protection of Personal Data and the guarantee of digital rights (hereinafter, the "LOPDGDD") and other regulations in force from time to time, and ensures the correct use and processing of the user's personal data.
BARCELONA ACTIVA will contact the user by e-mail or provide information by posting notices on the Website. For contractual purposes, the user consents to the use of this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that we send electronically comply with legal requirements.
The communications that the user sends us should preferably be sent by e-mail to the address email@example.com. You may also send a written communication to the attention of BARCELONA ACTIVA at the address Carrer de la Llacuna, No. 162 - 08018 Barcelona, REF: "Barcelona Activa Web".
12. Applicable law and competent jurisdiction
Current legislation shall determine the laws that shall govern and the jurisdiction that shall be responsible for the relations between BARCELONA ACTIVA and the user.
Nevertheless, in those cases in which current legislation provides for the possibility for the parties to submit to a specific jurisdiction, BARCELONA ACTIVA and the user, expressly waiving any other jurisdiction to which they may be entitled, shall submit to Spanish legislation and the Courts and Tribunals of Barcelona.