These Terms and Conditions communicate how to access and how the public may use the contents and services offered on the website of Fundación Rafael del Pino (the “Website”). The Website can be accessed at www.frdelpino.es free of charge and the information contained on it is valid as of the date on which it was last updated.
By accessing the Website and the information it contains, the User accepts the Terms and Conditions set out in this Legal Notice. Therefore, we recommend that you read it carefully if you wish to access and use of the information and services that, where applicable, may be offered at any time through the Website.
1) Identifying data:
In compliance with the duty of information contained in section 10 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico), the following data is provided:
The owner of this Website is Fundación Rafael del Pino, with address at Paseo de la Castellana, 37, Madrid (28046), tax identification number G-82483934 and business activity classification number 9111, registered in the Foundations Registry of the Protectorate of Foundations of the Spanish Ministry of Education and Science with number 479. The contact email is: firstname.lastname@example.org.
You can contact us using any of the various means available to you in our “Contact” section (//frdelpino.es/contacto/).
Users are those who access and/or use and/or participate in the Website, thereby, indicating their full and unreserved acceptance of all the terms contained here.
3) Use of the Website:
The User is responsible for their access, browsing and use of the Website. Therefore, the User undertakes to diligently and faithfully observe any additional instructions given by Fundación Rafael del Pino or by authorised personnel of Fundación Rafael del Pino regarding the use of the Website and its contents. We also urge you to communicate to Fundación Rafael del Pino any incident that you may be aware of and that may entail conduct contrary to law or that may infringe the rights of any third party.
Therefore, the User undertakes to use the contents in a diligent, proper and lawful manner and, in particular, agrees to refrain from:
• using the contents for purposes or effects contrary to the law, decency and generally accepted good practices or public order;
• distributing, permitting public access through any public means of communication, transforming or changing content, unless the holder of the corresponding rights has given their written authorisation or where it is permitted by law; and
• using the contents and, in particular, information of any kind obtained through the Website or the services to send advertising, communications for direct sale purposes or for any other kind of commercial purpose, unsolicited messages addressed to a group of people regardless of their purpose, as well as to refrain from marketing or disclosing in any way such information.
The Website provides access to a plethora of information, services and data on the internet belonging to Fundación Rafael del Pino and/or its collaborators to which the User may have access.
Given that the User accepts responsibility for their use of the Website and its contents, this responsibility extends to the registration that may be necessary to access certain services or specific content. When registering, the User will be responsible for providing true and lawful information. If, when registering, the User is provided with a password, they agree to use it diligently and to maintain the secrecy of the password to access these services. Consequently, the User is responsible for the proper safekeeping and confidentiality of any identifiers and/or passwords that are provided by Fundación Rafael del Pino, and agrees not to allow third parties to use them, either temporarily or permanently, nor to allow third parties to access them. The User will be responsible for the use of the services by any unauthorised third party who uses a password for such purposes because the User has not used it diligently or has lost it.
The User undertakes to use the contents that Fundación Rafael del Pino offers through its Website appropriately; and — by way of example, but not limited to — not to use them to: (i) engage in activities that are unlawful, illegal or contrary to good faith and public order; and/or (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, or that advocates terrorism or violates human rights; and/or (iii) cause damage to the physical and logical systems of Fundación Rafael del Pino, its suppliers or third parties, introduce or spread viruses on the network or any other physical or logical systems that may cause the aforementioned damage; and/or (iv) try to access and, if necessary, use the email accounts of other users and modify or manipulate their messages.
In compliance with Law Spanish 34/2002, we inform you that the email addresses you provide us with at any time may be used to send you information and/or documentation about Fundación Rafael del Pino. If you do not wish to receive this information and/or documentation, please inform us by sending a letter to Fundación Rafael del Pino, calle Rafael Calvo, 39, Madrid (28010) or by sending an email to email@example.com
4) Intellectual and industrial property:
The name Fundación Rafael del Pino, as well as other distinctive signs (graphics or names) that appear on this Website, are exclusive property of Fundación Rafael del Pino, which has duly registered them, unless it is indicated on the Website that they belong to another party. Its use by third parties without the required authorisation — which must be in writing — is prohibited.
The presence on this site of any distinctive signs owned by parties other than those mentioned in the previous paragraph is for non-commercial purposes and with the authorisation of their legitimate owners, always duly respecting their rights of exclusivity.
In the same connection, the domain names “fundacionrafaeldelpino.es” and “frdelpino.es”, as well as all those that serve to access this Website directly, are the exclusive property of Fundación Rafael del Pino. Their improper use would entail an infringement of the rights conferred by their registration and will be prosecuted as provided by the Law.
Fundación Rafael del Pino, either itself or as an assignee, is the owner of all the intellectual and industrial property rights of the Website, as well as of the elements contained in it (e.g., images sound, audio, video, software, texts, trademarks, logos, colour combinations, graphic typology, structure, design, selection of materials used, computer programs necessary for its operation, computer codes, access and use, etc.). Thus, the owner is Fundación Rafael del Pino or its licensors.
Consequently, elimination, circumvention or manipulation of the copyright warning and any other identifying data of the rights of Fundación Rafael del Pino or their owners included in the contents, as well as the technical protection devices, digital fingerprints or any other mechanisms of information and/or identification that may be found in the contents of the Website is prohibited.
Access and/or browsing by the User may not, under any circumstances, be interpreted as a waiver, transfer, authorisation, licence or total or partial assignment of these rights by Fundación Rafael del Pino.
Therefore, the User undertakes to respect the intellectual and industrial property rights of Fundación Rafael del Pino, such that the Website and the contents it hosts may not be transformed, distributed, sold, transmitted, publicly communicated, used, modified, altered, decompiled and/or transferred to third parties, either totally or partially, by any type of medium or device, without the express written authorisation of Fundación Rafael del Pino or, where appropriate, of the owner or owners of the corresponding rights.
Notwithstanding the above, the reproduction, by any means, of the contents of the Website will be permitted with the limitations indicated below:
(i) the User undertakes to keep intact all the notices regarding the intellectual property, expressly recognising Fundación Rafael del Pino as the legitimate owner of all the industrial and intellectual property rights of the content reproduced. The above information must be expressly stated in the corresponding Legal Notice of the work in which any content of the Website is reproduced or, if there is no Legal Notice, it will be stated in a similar and prominent place in the work;
(ii) the User must cite the source;
(iii) the contents of the Website may not be used for commercial purposes;
(iv) the content of the Website may not be reproduced in works the content of which is contrary to legal regulations, may be considered unethical or may harm or damage the image of Fundación Rafael del Pino;
(v) the reproduced content may not be altered or transformed or otherwise modified; and
(vi) works may not be created or generated from the Website and/or its content that could generate confusion regarding the ownership of such works or the owner of the work’s relationship with Fundación Rafael del Pino. The public may not be led to believe that Fundación Rafael del Pino supports such work and/or the use of the reproduced content.
The content of the Website can be downloaded to the User’s device, provided that it is for immediate private use or for reproduction in accordance with the previous paragraph and with the restrictions set out above. The User may view and even print, copy and store on the hard drive of their computer or on any other physical storage device the elements of the Website as long as it is solely and exclusively for their personal and private use and as long as it does not infringe any of the intellectual or industrial property rights of Fundación Rafael del Pino. In particular, the User may not alter, manipulate, modify and/or delete such elements in whole or in part.
Fundación Rafael del Pino does not transfer the ownership of its software to the User. Fundación Rafael del Pino retains all industrial and intellectual property rights including to its software. If the User transfers software from this Website to their device, they will not be able to break it down to study it, or decompile it, translate the original version of the object code or translate its language into another code or language.
In addition, the User will refrain from eliminating, altering, circumventing or manipulating any protection device or safety system installed on the Website.
5) Use of contents:
Creative Commons License (https://creativecommons.org/licenses/by-sa/3.0/): the User will be free to copy, reproduce, distribute and publicly communicate the work, as long as the original author is cited and acknowledged and the source where it has been published is cited (institution, publication, magazine, etc.). The license does not allow for the creation of derivative work or for it to be used for commercial purposes. The licensee must comply with the recognition requirement (they must properly acknowledge the author and source, and provide a link to the license; they may do so in any reasonable way, but not in a way that suggests they have the support of the licensor or receive it for such use) and the share-alike condition. It is important to note that the user will not be required to comply with the license for those elements of the material in the public domain or where its use is permitted by the application of an exception or limit, and that the license may not provide all the permissions necessary for the intended use; for example, other rights such as rights of publicity, privacy or moral rights may limit the use of the material.
6) Warranty and liability disclaimer:
Fundación Rafael del Pino is not liable, in any case, for the loss and harm of any nature that could be caused by, for example: errors or omissions in the contents; and/or lack of availability of the Website; and/or transmission of virus or malware in the contents, despite having adopted all the necessary technological measures to avoid it.
Fundación Rafael del Pino does not guarantee nor is it liable, under any circumstances, for the following events and contents:
The information, both its own and that of third parties, that appears on the Website is provided “as is”, without any guarantee whatsoever as to its accuracy and up-to-date nature. Consequently, Fundación Rafael del Pino is not liable for the possible harm or loss that their use could cause. In this connection, it is important to keep in mind that it cannot always be guaranteed that information available on the website exactly reproduces a text. Therefore, only printed texts of Fundación Rafael del Pino and information furnished personally by the competent person in the legally and statutorily established form will be considered authentic. The foregoing does not preclude Fundación Rafael del Pino from acting with the utmost diligence when offering the most truthful, complete and updated information in relation to official documents and information.
In relation to the above, the information, contents and data of any kind contained on the Website are carefully reviewed before publication. However, as is the case for any other intellectual creation that includes human and mechanical activity, it is not possible to guarantee that they are absolutely free from typing errors, composition defects and similar issues. Therefore, Fundación Rafael del Pino strongly recommends that the User look out for the possible updates or rectifications that the Website may include, that they confirm the data that may be of special interest to them through the personal, telephone, fax and email communication channels provided on the same pages and that they do not, under any circumstances, adopt decisions based only and exclusively on the information contained on the Website. In any event, Fundación Rafael del Pino apologises for these errors, undertakes to correct them as soon as possible, and appreciates any comments, corrections or suggestions that the User may send in this respect to Fundación Rafael del Pino, calle Rafael Calvo, 39 (28010 Madrid).
The links on the Website allow the User to leave the Website of Fundación Rafael del Pino. The linked sites are not related, unless otherwise indicated, to Fundación Rafael del Pino, which is not responsible for the contents accessed through the aforementioned links, the changes made to such contents, the use made of such content or for their technical availability. In any event, Fundación Rafael del Pino undertakes to do its best to prevent any links on the Website to sites with illegal content, which promote unlawful, racist and xenophobic activities and, in general, that infringe the principles of freedom and human dignity or which violate the values and rights recognised by the Spanish Constitution and by the Universal Declaration of Human Rights.
Fundación Rafael del Pino is not responsible for the opinions that may be expressed in the various ongoing forums and in the occasional conversations that are reflected in the contents of the Website. In any event, Fundación Rafael del Pino aims to ensure the proper use of these mechanisms, with the utmost respect for people’s dignity and the freedom of expression protected by the Spanish Constitution. Therefore, inter alia, it will cooperate, if required by court order or by the relevant authorities, in identifying those responsible for contents that violate the law.
The information, presentation and services offered by the Website may be subject to regular or one-off changes, which may be freely made by Fundación Rafael del Pino without it being obliged to inform users.
Fundación Rafael del Pino does not guarantee absolute privacy in the use of the Website, since the possibility that unauthorised third parties may have knowledge of it and of the circumstances in which it is carried out cannot be ruled out.
Fundación Rafael del Pino does not accept any liability for any potential harm or loss caused by computer viruses and other elements or malware — the absence of which is not guaranteed — that may damage Users equipment as a result of accessing, using or examining the Website, or that may cause alterations to Users electronic documents or files.
Likewise, Fundación Rafael del Pino is not liable for any potential security errors that may occur due to the use of computers infected with computer viruses. Nor is it liable for any consequences arising from browser malfunctions or from using outdated browser versions.
Fundación Rafael del Pino is released from any liability arising from a Website malfunction or from any malfunctions of its services, the origin of which is an accident, force majeure, necessary maintenance work and/or any other cause not attributable to it.
The above list is provided by way of example and is in no way exhaustive. In all cases, Fundación Rafael del Pino is released from any liability for the harm or loss of any nature arising directly or indirectly from the foregoing and from any others of a similar nature that have not been specified.
This warranty and liability disclaimer is not intended to contravene any requirements established by the law governing these matters, nor to exclude liability with respect to matters which cannot be excluded under the law applicable at any given time.
Cookies are only associated with an anonymous User and their computer, and do not provide references that allow the User’s personal data to be deduced and/or the User to be personally identified; in other words, it is totally anonymous and cannot be associated with any specific User.
The User may, at any time, configure their browser to notify and reject the installation of the cookies sent by Fundación Rafael del Pino, without this affecting the User’s ability to access the contents or interfere with their browsing.
Fundación Rafael del Pino reserves the right to make, without prior notice, the changes it considers appropriate to its Website. It may change, delete and/or add the contents and services that are provided through the Website, as well as the way in which they are presented or where they are located.
The Website contains different links that can be accessed through various buttons, banners, etc., which will lead the User to websites that are separate from the Website, the contents of which are owned by third parties. Their sole purpose is to facilitate access to other sources of information on the Internet related to Fundación Rafael del Pino’s purpose and their inclusion on the Website is inspired by respect for the intellectual property rights that, where appropriate, may correspond to its authors.
In such cases, Fundación Rafael del Pino does not exercise any kind of control over these websites and contents and, consequently, it does not accept any liability for any aspect related to the websites to which the Website provides links or for any outcome clicking on such links may have for the User.
Fundación Rafael del Pino will not, under any circumstances, accept any liability for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity or constitutionality of any material or information contained in any of these hyperlinks or other Internet sites, nor will it guarantee the absence of viruses or other elements on these sites that could alter the User’s computer system (hardware and software), documents and/or files, and will not accept any liability for harm or loss of any kind caused to the User as a result thereof.
Additionally, Fundación Rafael del Pino is not, under any circumstances, liable for any outcome clicking on such links may have for the User.
The inclusion on the Website of any kind of link from the Website to a third-party website does not imply that there is any relationship, collaboration or dependence between Fundación Rafael del Pino and the person responsible for the external website.
If any User, entity, or website wishes to establish any kind of link to the Website and/or its content it must comply with the following requirements:
• The link may be directed to the Website’s home page and/or any of its contents.
• The link must be absolute and complete. That is, it must lead the User, through one click, either to the URL of Fundación Rafael del Pino (//www.frdelpino.es) itself or that which replaces it in the future, or to any of its contents, and it must completely cover the whole extension of that screen of the Website.
• If the entity that links from its page to the Website and/or to any of its contents wishes to include on its website the trademark, name, commercial name, sign, logo, slogan or any other type of identifying element of Fundación Rafael del Pino and/or the Website, it must first obtain its express written authorisation, unless the hyperlink established that points directly to the Website or to any of its contents.
• Fundación Rafael del Pino does not authorise links to the Website and/or any of its contents from websites that manifestly promote hatred, contempt or discrimination for reasons of birth, race, gender, religion, nationality, opinion or any other personal or social circumstance and, in general, that contravene morality, public order, the principles derived from the Spanish Constitution or generally accepted social norms.
• Establishment of the link does not under any circumstances imply that there is a relationship between Fundación Rafael del Pino and the owner of the site where the link is established or that Fundación Rafael del Pino accepts or approves of its contents.
• Fundación Rafael del Pino will not exert any manner of control over the websites and contents where the links are established.
Fundación Rafael del Pino does not accept any responsibility for any aspect of websites that link to the Website and/or its contents. This specifically includes but is not limited to the following: the website’s operation, access, data, information, and files; the quality and reliability of its products and services; its own links; and/or any of its content, in general.
Fundación Rafael del Pino will prosecute any breach of these Terms and Conditions, as well as any improper use of the Website and/or its contents, exercising all the administrative, civil and/or criminal actions that may apply under the law.
11) Amendments to these Terms and Conditions and duration:
Fundación Rafael del Pino may amend the terms contained in its Legal Notice and, where applicable, duly published here, at any time.
These Terms and Conditions will remain in force while they are displayed and will be, in general, in force until they are amended by other duly published terms.
The duration of these Terms and Conditions coincides, therefore, with the time during which they are displayed, until they are totally or partially amended, at which time the amended terms will take effect.
Fundación Rafael del Pino may terminate, suspend or interrupt access to the Website content at any time and without prior notice; the User may not claim any damages if this occurs. After such termination, the prohibitions related to the use of the contents set out above in these Terms and Conditions will remain in force.
12) Governing law and jurisdiction:
These Terms and Conditions are governed by Spanish law.
In the event of any discrepancy or dispute arising from the interpretation or application of these Terms and Conditions or the content of the Website, in general, Fundación Rafael del Pino and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction of the courts of the city of Madrid.
13) Social Networks:
Fundación Rafael del Pino is present on various social networks through its official pages and/or profiles in order to publicise the institution and its activities, and listen, dialogue and interact with its followers.
The framework for user participation in such networks will be governed by freedom of expression and respect for democratic values. These spaces are a forum for the exchange of opinions or for constructive debate, but they are not the appropriate environment for creating controversy or discrediting other users or third parties.
Fundación Rafael del Pino is not responsible for the comments, opinions or statements of third parties. In this connection, Fundación Rafael del Pino is not required to generally supervise the opinions expressed by these third parties or to conduct active searches for opinions that violate, inter alia, the honour, privacy or image of people and institutions, the rights of minors and intellectual property rights. Thus, we would like to thank all the people who participate in the spaces opened by Fundación Rafael del Pino for actively participating in a constructive manner and also for notifying us of inappropriate comments that, where applicable, must be removed. For the reasons expressed, Fundación Rafael del Pino reserves the right to remove comments or messages contrary to the aforementioned principles, as well as those that are xenophobic, sexist, obscene, threatening, defamatory, in defence of terrorism and that violate human rights, inter alia.
The user may not publish advertising material in such comments or direct messages or use these pages and profiles for profit or business.
Comments that do not adhere to the contents of the social network pages and profiles of Fundación Rafael del Pino or to the posts published on them by the institution, are subject to removal.
All the images, works and/or videos published on the official pages of Fundación Rafael del Pino on the various social networks are protected by the Spanish Intellectual Property Act (Ley de Propiedad Intelectual) and, consequently, cannot be used in any way and, in particular, through their reproduction, distribution, public communication, transformation or by making them available to the public without the prior express authorisation of Fundación Rafael del Pino. Furthermore, Fundación Rafael del Pino is not responsible for their fraudulent use by a user outside this framework and reserves the right to take legal action if necessary.
Fundación Rafael del Pino is also not responsible for the links that are not its own that are published on its pages and profiles by third parties.
The principles mentioned in this document will also be taken into account if Fundación Rafael del Pino is obliged to remove any content or to block the access of a user who follows the institution’s profiles on the various social networks.
If any provision or provisions of these Terms and Conditions is held to be null and void or unenforceable, in whole or in part, by any competent court or administrative body, this invalidity or unenforceability will not affect the other provisions of these Terms and Conditions.
Whether Fundación Rafael del Pino exercises or refrains from exercising any right or provision contained in these Terms and Conditions will not constitute a waiver of such right, unless Fundación Rafael del Pino acknowledges and agrees to this in writing.