Terms and conditions of use
1. General
The following are the terms and conditions that regulate the access and use of the contents of the web www.elnacional.cat (Terms and Conditions).
The Terms and Conditions are of a general nature and regulate the all content of the Web. Nevertheless, a particular service or special content of the Web may require acceptance of more specific terms and conditions from the user to access or use such services or specific contents.
2. Identification of the owner of the Web site
The web www.elnacional.cat (Web) belongs to GRUP LES NOTÍCIES DE CATALUNYA, SLU (the Company), which holds ownership of the same.
Domicile of the Company:
St./ Numància, 46 4a A – 08029 Barcelona.
Phone: (+34) 93 173 00 99
A/e: info@elnacional.cat
Tax Number: B-66541947
Recording Info: Unipersonal Corporation, recorded in the Registre Mercantil de Barcelona, volum 44865, sheet 51, page B-469768 inscription 1st.
3. User: acceptance and terms of use of the web
A user shall be any person that enters, navigates or uses the contents and/or services that can be found in the Web at any time (hereinafter “User”).
The User accepts the Terms and Conditions without any condition or reservation.
The contents and services offered by the Company are of a changing nature and, therefore, the Company reserves the right to modify these Terms and Conditions without prior notice in order to adapt them to the new content of the Web. Consequently, the User acknowledges and accepts the User’s obligation to review and comply the Terms and Conditions in force at any time.
It is presumed at all times that the access and use of the Web and, therefore, the acceptance to its Terms and Conditions, including the Privacy Policy and any other specific terms and conditions that may be included in specific sections of the Web, is made by persons of at least 18 years old or, in case of a minor, under the supervision of a tutor, parent or a legal guardian of the minor.
4. Access to the Web and to the contents with limited access to registered Users
The access to the Web is free. There is no need for a User to be registered to access the Web contents. However, the User shall register to be able to leave comments in those areas expressly reserved for that purpose. Moreover, it may also be necessary that the User provides personal information when the User freely opts for making use of services offered in the Web that will required such information.
The personal data that the User provides in any section of the Web are be subject to the privacy policy of the Company.
In any case, should the User opt to register to any of the sections or services offered in the Web, the User undertakes to provide the required information which shall be truthful and legally valid.
In the event that the Company provides the User with a password, choosen or not by the User, the latter shall become responsible to keep it secret and to make an exclusive, personal, diligent use of the same, not allowing that such password be known by any third party thus preventing the possibility of an identity theft.
In the event the User is aware of a non-authorized use of his or her password or realices having lost the password, the User shall notify the Company by using the links expressly provided within the Web for this purpose or by addressing the issue to the Company at info@elnacional.cat
In no event the Company shall be held responsible for the use of a User’s password by any third party, or when the password is lost by the User.
5. Use of the Web and its contents and services
The User undertakes to make us of the Web, its contents and services according to the Terms and Conditions, as well as to obey and comply with the law and any applicable regulation that may be in force from time to time.
It is prohibited the use or access to the Web by means of any application, computer program or similar system that could harm or hinder or cause any malfunction, including alteration, elimination and or blocking its content or services offered therein, or any other mechanism that could in some way affect them, specially those that could result in blocking the access or use of the Web or any part thereof to any third user.
It is also prohibit the access to the Web by means of computer programs or other computers widgets which, voluntarily or involuntarily result in overloading the resources used by the Company to maintain the Web accessible to the public and/or those allowing non-authorized access to sections of the Web that are not accessible to the public in general or to the server system where the Web is hosted; or when they could introduce viruses or other malware or scripts that could cause errors to the above referred system or to the Web itself.
In any case, the User undertakes to make an adequate use of the contents and services of the Web, specially regarding any part in which the User is allowed to participate, where the principals of good faith and respect to other users, the Company and any other third person, shall also apply.
6. Comments on the contents:
The Web uses a user validation system application that allows the latter to comment on the contents in spaces expressly reserved for this purpose.
The user must make appropriate use of this service and not use them to engage in illicit activities or contrary to good faith and legal order; disseminate content or propaganda of a racist, xenophobic, pornographic-illegal, apology of terrorism or assault against human rights. The user assumes that he is solely responsible for the comments introduced to the contents in the spaces expressly reserved by the company for this purpose and therefore exempts the company from any kind of responsibility.
However, the Company will have the right not to publish comments in which it was detected, through the control system created for this purpose, the inclusion of words or expressions objectively cataloged by the company, as inadequate and not suitable for publication.
Additionally, the company will also have the right, at the request of third parties, to withdraw comments that may have content that is contrary to good faith and legal order and / or that may incur in illicit activities. Notwithstanding the foregoing, this right shall become an obligation when it is at the request of the competent bodies or a court order
7. Intellectual and Industrial Properties
All intellectual and industrial rights of the content of the Web, including but not limited to, images, photos, videos, text, designs, applications, programs, codes, etc., belong to the Company or the Company has been duly authorized by the true owner to use them within the Web.
The User is authorized to visualize, copy, print, save in any format and using any support the contents of the Web, provided the User does it only and exclusively for personal use. Notwithstanding the foregoing, these listed actions are prohibited when: (i) the User uses a channel, support or any means that, directly or indirectly, allows access to plurality of persons; (ii) when such actions are directly or indirectly used for profit or related to a commercial activity; or (iii) the use entails an alteration, modification, fragmentation or decompilation of the contents.
Therefore, it is expressly prohibited any to publicly reproduce, distribute or communicate any part of the content that may be found within the Web, without prior express authorization in writing by the Company. Moreover, the Company informs the User to be totally opposed to the use of the content of the Web for purposes of press clipping without prior and express consent in writing given by the Company
Notwithstanding the foregoing, several contents or services of the Web may include specific terms and conditions of use that may be more or les restrictive which shall prevail over these general rules in regards to the relevant content or service to which they are related to.
The Company only authorizes to make a reference to the contents appearing in Web in other webs or communication, provided these other webs remain in compliance of the good faith and respect principles, as well as they fully comply with the law and any other terms and conditions set forth in the Web, specially those related to the prohibition to reproduce of the content of the Web with a purpose different than those allowed, when no authorization has previously been obtained.
8. Links to other parts of the Web or to third party webs
The Company is not responsible for the contents, services, scripts, functionalities and other technical conditions that the User may encounter outside of the Web, even when they may be accessible from links that may be found within the Web.
Those links are merely informative for the User, who may freely opt to follow them according to the User’s own criteria and concerns.
It shall never be inferred that the Company expresses and opinion, approves, or makes any other manifestation regarding any content that may be found following a link that directs the User outside the Web.
9. Responsibilities and limited guaranties
The Company undertakes to make reasonable efforts to maintain the functionalities of the Web in optimum conditions of use, as well as to prevent errors of the servers, in the computer programs, in the content and the services offered in the Web. However, the Company does not undertake any responsibility regarding any eventual error that may occur or appear and, therefore, does not guaranty full functionality at all times of the Web, and the contents and services offered therein.
With prejudice of the foregoing, the Company guarantees that the Company will not voluntarily include in the Web any malware, virus or other scripts or compute programs of malicious nature and it also undertakes to inform, through its Privacy Policy, of any use of applications or other computer programs, scripts, etc. that obtain information from the User that may be later processed for any purpose.
The Company informs the User that several contents and services offered within the Web may be provided by third companies, unrelated to the Company, and, therefore, to access such contents and/or services the User shall have to accept the specific terms and conditions established by the owner or provider of such contents or services. In any case, the User expressly exempts the Company from any liability regarding all matters related to the contents or services offer by a third party that are duly identified as such (e.g. Discus for comments, Twitter and Facebook for User validation, etc.)
The Company may cite, show or refer to manifestations, publications, and other information or graphic or audiovisual materials of a third party, without being responsible for the veracity, rigor, the opinion or quality of any of them.
In any case, the Company shall not be held responsible for any damages caused by the discontinuity of the services, the contents, or the functionalities of the Web, including those cause by any virus, malware, scripts or other malicious programs that result from a non-authorized interference of a third party or from an authorized interference of a third party that has been a victim of a non-authorized interference of any other third party.
10. Privacy Policy
The privacy policy (Privacy Policy) of Grup les Notícies de Catalunya, SLU (hereinafter “The Company”) is part of the Terms and Conditions that regulates the use of the web www.elnacional.cat (the “Web”) and complies with all requirements established in the dispositions applicable to the personal data protection law, currently set forth in the Personal Data Protection ACT 15/1999 (hereinafter “LOPD”) and the regulation that develops it, the Royal Decree 1720/2007 and Personal Data Protection and Digital Rights Guaranty, Organic Act 3/2018, approved on December 5th, 2018.
11. Applicable Law and Jurisdiction
Any dispute related to the interpretation, compliance or validity of the terms and conditions that may arise between the User and the Company shall be resolved according to, first, these Terms and Conditions, secondly, the Catalan laws and regulations and, subsidiary, the Spanish law that may be in force, from time to time.
It is expressly agreed by the Parties that any conflict between the User and the Company involving, resulting or related to these Terms and Conditions shall be submitted to the competent Courts of the City of Barcelona