Legal advise

LAW OF INFORMATION SOCIETY SERVICES (LSSI)

KULTURA Ideas and Strategies for Heritage, responsible for this website, hereinafter RESPONSIBLE, makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, of July 11th, of Services of the Information Society and Electronic Commerce (LSSICE), as well as informing to all users of the website regarding the conditions of use.

Any person who accesses this website take the role of user, committing to strict observance and compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.

KULTURA Ideas and Strategies for Heritage reserves the right to modify any type of information that may appear on the website, without any obligation to notify or inform users of said obligations, with publication on KULTURA Ideas and Strategies for Heritage site being understood as sufficient.

 

IDENTIFICATION DATA

Company name: KULTURA Ideas and Strategies for Heritage SL

Trade name: KULTURA Ideas and Strategies for Heritage

CIF: B63124523

Address: C/ Rossend Nobas, 33 P.Bj. 08018, Barcelona

e-mail: administracion@kultura.ca

OBJET

Through the Website www.kultura.cat, we offer users the possibility of accessing information about our services.

 

PRIVACY AND DATA TREATMENT

When it is necessary for the access to certain content or service to facilitate data of personal character, the Users will guarantee the veracity, accuracy, authenticity and validity. The company will give said data the corresponding automated processing based on its nature or purpose, under the terms indicated in the Privacy Policy section.

 

INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the contents displayed on the Website, and especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use are subject to Intellectual Property rights. All trademarks, trade names, or distinctive signs, all industrial and intellectual property rights over the contents and/or any other elements inserted on the website, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such contents, holding the company harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any waiver, transmission, license, or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right to use, manage, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for such purpose by the company or the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes, and, in general, any intellectual creation existing on this Website, as well as the Website itself, as a multimedia artistic work, are protected by copyright under intellectual property legislation. The company owns the elements that make up the graphic design of the Website, such as menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content of the Website, or in any case has the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the aforementioned Entity.

Likewise, it is prohibited to remove, circumvent, and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website agrees to respect the rights mentioned above and to avoid any actions that could harm them, reserving the company in any case the exercise of all legal means or actions that correspond to it in defense of its legitimate intellectual and industrial property rights.

 

USER’S OBLIGATIONS AND RESPONSIBILITIES AT THE WEBSITE.

The User undertakes to:

1.  Make proper and lawful use of the Website as well as its contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) morality and generally accepted good customs; and (iv) public order.

2. Obtain all the necessary technical means and requirements to access the Website.

Provide truthful information when filling out personal data forms on the Website and keep them updated at all times so that they reflect the User’s current situation. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to the company or third parties as a result of the information provided.

However, notwithstanding the provisions of the previous section, the User must also refrain from:

1. Unauthorized or fraudulent use of the Website and/or its contents for illegal purposes, prohibited by these General Conditions of Use, that may infringe upon the rights and interests of third parties, or in any way may damage, disable, overload, deteriorate, or prevent the normal use of the services or the documents, files, and all kinds of content stored on any computer equipmentAccessing or attempting to access restricted areas of the Website without meeting the conditions required for such access.

2. Causing damage to the physical or logical systems of the Website, its providers, or third parties.

3. Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, its providers, or third parties.

4. Attempting to access, use, and/or manipulate the company’s data, third-party providers, and other Users.

5. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the contents, unless authorized by the owner of the corresponding rights or legally permitted.

6. Deleting, hiding, or manipulating notes on intellectual or industrial property rights and other identifying data of the company or third parties incorporated into the content, as well as technical protection devices or any information mechanisms that may be inserted into the content.

7. Obtaining and attempting to obtain the content using means or procedures other than those made available for this purpose or expressly indicated on the web pages where the content is found or, in general, those commonly used on the Internet as they do not entail a risk of damage or disablement of the Website and/or the content.

8. In particular, and merely by way of example and not exhaustively, the User agrees not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that:

• In any way that is contrary to, undermines, or violates constitutionally recognized fundamental rights and public freedoms, as well as those recognized in international treaties and other applicable legislation.
• Inducing, inciting, or promoting criminal, denigrating, defamatory, violent, or generally unlawful actions, contrary to law, morality, generally accepted good customs, or public order.
• Inducing, inciting, or promoting discriminatory actions, attitudes, or thoughts based on sex, race, religion, beliefs, age, or condition.
• Incorporating, making available, or allowing access to criminal, violent, offensive, harmful, degrading, or generally unlawful products, elements, messages, and/or services, contrary to law, morality, generally accepted good customs, or public order. Inducing or potentially inducing an unacceptable state of anxiety or fear.
• Induce or incites involvement in dangerous, risky, or harmful practices for health and mental well-being.
• Is protected by legislation on intellectual or industrial property belonging to the company or third parties without the intended use having been authorized.
• Is contrary to honor, personal and family privacy, or the image of individuals.
• Constitutes any type of advertising.
• Includes any type of virus or program that prevents the normal operation of the Website.

If a password is provided to access certain services and/or content on the Website, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, committing not to disclose it to third parties, either temporarily or permanently, nor to allow access to said services and/or content by unauthorized persons. Likewise, you are obliged to notify the company of any event that may imply misuse of your password, such as, for example, theft, loss, or unauthorized access, in order to proceed with its immediate cancellation. Consequently, until the aforementioned notification is made, the company will be exempt from any liability that may arise from the improper use of your password, and any illegal use of the content and/or services of the Website by any unauthorized third party will be your responsibility. If you negligently or intentionally breach any of the obligations established in these General Conditions of Use, you will be liable for any damages that may result from such breach for the company.

 

RESPONSABILITIES

Continuous access, correct visualization, download, or use of the elements and information contained on the website are not guaranteed and may be impeded, hindered, or interrupted by factors or circumstances beyond its control. It is not responsible for decisions that may be made as a result of accessing the offered content or information.

The service may be interrupted, or the relationship with the User may be terminated immediately if it is detected that the use of their Website, or any of the services offered therein, is contrary to these General Conditions of Use. We are not responsible for damages, losses, claims, or expenses arising from the use of the Website.

It will only be responsible for removing, as soon as possible, the content that may cause such damages, provided that it is notified accordingly. In particular, we will not be liable for damages that may arise from, among other things:

1. Interference, interruptions, failures, omissions, telephone breakdowns, delays, blocks, or disconnections in the operation of the electronic system, caused by deficiencies, overloads, and errors in the lines and telecommunication networks, or by any other cause beyond the control of the company.
2. Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others improper or inadequate use of the Website.
3. Security or navigation errors caused by malfunctioning of the browser or by the use of outdated versions of it. The website administrator reserves the right to remove, totally or partially, any content or information present on the Website.
4. Errores de seguridad o navegación producidos por un mal funcionamiento del navegador o por el uso de versiones no actualizadas del mismo. El administrador del espacio web se reserva el derecho de retirar, total o parcialmente, cualquier contenido o información presente en el Espacio Web.

The company excludes any liability for damages of any kind that may arise from the misuse of the freely available services used by users of the Website. Likewise, it is exempt from any liability for the content and information that may be received as a result of data collection forms, which are solely for the provision of consultation and inquiry services. On the other hand, in the event of causing damage due to unlawful or improper use of such services, the User may be liable for the damages caused.

You will hold the company harmless against any damages and losses arising from claims, actions, or demands from third parties as a result of your access to or use of the Website. Additionally, you agree to indemnify against any damages and losses resulting from your use of “robots”, “spiders”, “crawlers”, or similar tools used to gather or extract data, or from any other action on your part that imposes an unreasonable burden on the operation of the Website.

 

LINKS

The User agrees not to reproduce, in any way, not even through a hyperlink or hyperlink, the Website, as well as any of its contents, without the express written authorization of the file manager.

The Website may include links to other websites, managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it act as a guarantor or provider of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website solely for private and non-commercial use. Websites that include a link to our Website (i) may not misrepresent their relationship or claim that such a link has been authorized, nor include trademarks, names, trade names, logos, or other distinctive signs of our company; (ii) may not include content that may be considered distasteful, obscene, offensive, controversial, inciting violence or discrimination based on sex, race, or religion, contrary to public order, or illegal; (iii) may not link to any page of the Website other than the main page; (iv) must link to the Website’s own address, without allowing the linking Website to reproduce the Website as part of its website or within one of its frames or create a browser over any of the pages of the Website. The company may request, at any time, that any link to the Website be removed, after which it must proceed to its immediate removal.

The company can not control the information, contents, products or services provided by others websites which have established links to our website.

 

DATA PROTECTION

To make use of some services, previously the User must provide some personal data. The company will automatically process this information applying the corresponding safety measures, all in compliance to GDPR (General Data Protection Regulation), LOPDGDD (Organic Law on the Protection of Personal Data and Guarantee of Digital Rights) and LSSI  (Information Society Services Law).

 

COOKIES

The company reserves the right to use “cookies” technology on the Website in order to recognize you as a frequent user and personalize your use of the Website by preselecting your language or preferred or specific content.

Cookies collect the user’s IP address, with Google being responsible for processing this information.

Cookies are files sent to a browser by a Web server to record the User’s navigation on the Website, when the User allows their reception. If you wish, you can configure your browser to display a warning on the screen about the reception of cookies and to prevent the installation of cookies on your hard drive. Please refer to your browser’s instructions and manuals for further information.

 

Thanks to cookies, it is possible to recognize the browser of the computer used by the User in order to provide content and offer browsing or advertising preferences that the User, demographic profiles of the Users, as well as to measure visits and traffic parameters, control progress, and the number of entries.

 

STATEMENTS AND WARRANTIES

In general, the content and services offered on the Website are purely informational. Therefore, by offering them, no guarantee or representation is made regarding the content and services offered on the Website, including, by way of example, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such statements and warranties cannot be excluded by law.

 

FORCE MAJEURE

The company shall not be liable in any event of impossibility to provide service if such impossibility is due to prolonged interruptions of the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.

 

RESOLUTION OF DISPUTES. APPLICABLE LAW AND JURISDICTION

The present General Terms of Use, as well as the use of the Website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the social domicile of the Website Owner.

In the event that any provision of these General Terms of Use becomes unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Terms of Use unenforceable or void as a whole. In such cases, the company shall proceed to modify or replace said provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original provision.