TERMS AND CONDITIONS OF USE

 

Last update: 4 September 2020

 

RENAZCA, S.A. (hereinafter, “RENAZCA”), a Spanish company with registered address at Paseo de la Castellana, 81, (28046) Madrid, with Tax Identification Number A88584651, and registered in the Mercantile Registry of Madrid, Volume 40,224, Folio 50, Page M-714688. You can contact us at the following email address: renazca@renazca.org.

RENAZCA is the owner and manager of the website published and hosted under the domain name  “renazca.org” (hereinafter, the “Website”), made available to its users for the information purposes regarding its corporate identity and activities.

By using this Website and its services, you agree to comply with and be bound by the following terms and conditions of use (hereinafter, the “Conditions”). Please read them carefully.

  1. CONDITIONS OF USE 

Use of our Website constitutes your full acceptance of all rules and policies posted on the Website, including these Terms and Conditions, the Privacy Policy and the Terms and Conditions of use (jointly, the “Policies”), as well as attribution of user status (the “User/s”). By accessing the Website, Users agree to use the Website in accordance with all applicable laws and the Policies. In the event that the User disagrees with the Policies, the User must refrain from using the Website. Inasmuch that Users fully comply with the Policies, they are authorised to use this Website.

RENAZCA reserves the right to modify the Policies at any time, with it being the User’s responsibility to verify their content. For this reason, it is advisable for Users to check the content of the Policies regularly in order to ascertain any changes that may have been made. The use of the Website by Users implies that they agree to be legally bound by the Policies, in their current or modified versions. In the event of any discrepancy between previous versions of the Policies and their updated versions, the latter shall prevail.

It is expressly prohibited to use the Website for:

      • The posting, uploading, emailing or transmitting by other means of any rude, defamatory or obscene material that may upset, disturb or cause annoyance to any person and/or violate their rights or impede their use and enjoyment of the Website.
      • The posting, uploading, emailing or transmitting by other means of unauthorised material, promotions or advertisements, junk mail, spam, chain letters, pyramid schemes or any other form of unlawful commercial solicitation or exploitation.
      • To create an electronic, or any other type of database, that includes material downloaded or otherwise obtained from the Website.
      • To transmit or disseminate to a third party any material obtained from the Website without complying with the Policies.
      • To obtain or attempt to obtain materials, documents or information from the Website by any method not available on the Website, through automated devices such as deep linking, extraction of data (web scraping), robots, spiders or other similar devices.
      • To access, copy or track any part of the Website, or reproduce or disrupt in any way the navigational structure of the Website or any content.
      • To upload or transmit any material including malicious software (viruses) or any other code, file or computer program intended to interrupt, restrict, disrupt, destroy, limit the functionality of, or compromise the integrity of any software, hardware or telecommunication equipment by any means.
      • To use any part of the Website to link, by any means, with an internal or secondary page of the Website located at one or various levels below the home page (deep linking) or to feature content from this Website on another website (framing).
  1. RESPONSIBILITY FOR CONTENT

RENAZCA shall endeavour to ensure that all content on the Website is always suitable and correct. If errors in the content of the Website, bugs or any other cause that may be detrimental to the normal operation of the Website and/or the availability of the Content (as defined below) are notified, RENAZCA will try to resolve them as soon as possible. Notwithstanding the aforementioned, RENAZCA hereby waives any obligation or liability in connection with the content available on the Website and reserves the right to update or delete any content on the Website, as well as to limit or deny access, temporarily or permanently, to any User.

  1. WEBSITE CONTENT 

All content available on the Website, including, but not limited to, copyright, rights similar or related to copyright or database rights, image rights, patents, utility models, industrial designs, graphics, source code, texts, images, photographs, trademarks, trade names, logos, slogans, domain names, social profiles, interfaces, musical and/or audio-visual works, trade secrets and know-how, regardless of whether they have been registered, submitted for registration or are unregistered (hereinafter, the “Content”) are protected by all applicable intellectual and industrial property laws and are owned by RENAZCA or RENAZCA is authorised to use them by means of a license for exploitation.

Users may not reproduce, distribute, communicate to the public or transform the Content unless this is expressly authorised by RENAZCA, in accordance with the conditions set forth in the Policies. In particular, the publication of Content for commercial purposes or for the purpose of redistribution or dissemination, regardless of the means of communication, beyond the scope determined in the Policies, is prohibited.

The Website may include links to third party websites that are external and independent from RENAZCA (hereinafter, “Third Party Websites”). Third Party Websites are beyond RENAZCA’s control and therefore, access to Third Party Websites will be under the exclusive responsibility of the User. Consequentially, RENAZCA:

      • (i) waives any responsibility for the content thereof;
      • (ii) the inclusion of such links does not imply that RENAZCA approves or agrees with their content.
  1. UPLOADING OF CONTENT BY USERS
    • Through use of the Website, Users can upload content. This implies that by accepting the Policies and uploading content, the User grants to RENAZCA, who accepts, a non-exclusive license, free of charge, for the whole world and with the power to sub-license to third parties (in whole or in part, exclusively or not, free of charge or onerous), of any existing intellectual and industrial property rights on the uploaded content (including but not limited to the rights of fixation, reproduction, distribution, transformation, public communication and making available) for its eventual exploitation in any modality, media and/or channel of exploitation, in any known printed, sound, audio-visual, digital or electronic format (including, but not limited to, publication on paper, in all types of electronic and digital supports, databases, via the Internet, mobile telephony and all types of communication networks, broadcasting, transmission or streaming, whether electronic, traditional, digital or analogue, or videographic exploitation in any type of format), and for the maximum term of validity of these rights in each territory, as well as in any commercial, promotional and business operation on a national or international level, or any architectural project and/or urban plan that RENAZCA and/or its sub-licensees may commission to an architectural firm.
    • By uploading content, Users declare and guarantee that such content may be freely used by RENAZCA, and may be developed by third parties or serve as inspiration for other independent projects, and Users waive the right to make a claim against RENAZCA for such reasons.
    • RENAZCA shall not be liable for any breach of any rules or any infringement of third party rights made by Users when uploading content. Similarly, Users assume the obligation to hold RENAZCA harmless in this case.
    • RENAZCA will not accept or consider any idea, original creative work, suggestion or other unsolicited work sent to RENAZCA or its employees through the Website, by email or by any other medium other than the channels of participation expressly authorised for this purpose. The aim of this general policy is exclusively to avoid potential conflicts or misunderstandings in those cases in which the RENAZCA projects appear similar to the ideas submitted. Any unsolicited material sent to RENAZCA through any medium other than the channels of participation expressly authorised for this purpose will be destroyed automatically without being opened.

 

  1. PRIVACY

The User must take into account that the Privacy Policy supplements the provisions of these Terms and Conditions. The User must also consider that any message or information sent via the internet may be read or intercepted by third parties, and recognise and accept that the transmission of content via the internet is never completely private or secure. RENAZCA cannot be held responsible for any possible access by third parties to the content transmitted by the User.

 

  1. CONFIDENTIALITY

The User recognises that RENAZCA may have access to confidential information shared by the User or his/her clients.

RENAZCA is committed to:

      • (i) using the confidential information solely and exclusively to comply with the Terms and Conditions and for the provision of the contracted services;
      • (ii) strictly safeguarding the confidential information, preventing it from being disclosed or supplied in full or in part to any third party without the prior and express agreement of the User;
      • (iii) handling the confidential information with maximum discretion and using it solely and exclusively in relation to the provision of the contracted services;
      • (iv) putting in place the necessary reasonable security measures required to comply with this clause.

The foregoing obligations of confidentiality will not be applicable with regard to any information that:

      • (i) in the public domain or has been published by the user;
      • (ii) was legally obtained from third parties by RENAZCA with no restriction on its disclosure;
      • (iii) was developed independently and in a legitimate manner by RENAZCA; and
      • (iv) was requested by a judicial or administrative authority in the exercise of its jurisdiction and only inasmuch as the disclosure of the information is necessary to comply with this request.

 

  1. TERMINATION

RENAZCA may, at any moment and with no prior notice to Users, suspend the availability and use of the Website and its Content with regard to all (or some) of the Users, which may lead to the loss of data or information by the User. The interruption of the service provision of the Website does not affect any of those clauses of the Policies that, given their purpose, must remain valid upon the termination of the Terms and Conditions.

 

  1. EXCLUSION OF LIABILITY
  • RENAZCA IS NOT OBLIGED TO MAINTAIN THE ACCESSIBILITY OF ITS WEBSITE, NOR TO PROVIDE THE CONTENT STORED THEREIN. BOTH THE HOSTING OF THE WEBSITE AND THE DELIVERY OF CONTENT MAY BE CANCELLED, INTERRUPTED OR SUSPENDED TEMPORARILY AT ANY MOMENT WITH NO PRIOR NOTICE. RENAZCA DOES NOT GUARANTEE THE ABSENCE OF ERRORS, MISTAKES OR VIRUSES IN THE WEBSITE OR ITS CONTENT, NOR THE ABSENCE OF INTERRUPTIONS IN ITS DELIVERY. RENAZCA DOES NOT ASSUME ANY KIND OF RESPONSIBILITY FOR DIRECT OR INDIRECT DAMAGE SUFFERED BY THE USER AS A RESULT OF THE SUSPENSION OF CANCELLATION OF THE WEBSITE AND/OR THE TOTAL OR PARTIAL ELIMINATION OF ITS CONTENT.
  • THE CONTENT OF THE WEBSITE IS DESIGNED TO SERVE AS GENERAL INFORMATION AND MAY THEREFORE BE INSUFFICIENT FOR USE BY THE USER FOR A PERSONAL OR BUSINESS DECISION. RENAZCA IS NOT OBLIGED IN ANY CASE TO DEMONSTRATE THE VERACITY, ACCURACY, SUITABILITY, INTEGRITY AND VALIDITY OF THE CONTENT. THE USER ACCEPTS THAT THE USE OF THE WEBSITE AND/OR ITS CONTENT IS AT HIS/HER OWN RISK AND THAT THE WEBSITE OFFERS THE CONTENT TO USERS ON AN AS-IS BASIS. THUS RENAZCA DOES NOT PROVIDE ANY WARRANTY, EXPRESS OR IMPLICIT, IN TERMS OF THE WEBSITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE MARKETABILITY, VIOLATION OR SUITABILITY OF A PARTICULAR USE OR PURPOSE. TO THE EXTENT THAT THE APPLICABLE LEGISLATION PERMITS, RENAZCA DOES NOT ASSUME ANY KIND OF RESPONSIBILITY FOR THE DECISIONS MADE BY THE USER BASED ON THE INFORMATION PROVIDED ON THE WEBSITE, NOR FOR ANY DIRECT OR INDIRECT DAMAGE THAT MAY BE SUFFERED AS A RESULT OF ACTIONS BASED ON THE WEBSITE OR ITS CONTENTS.
  • RENAZCA DOES NOT ASSUME ANY KIND OF RESPONSIBILITY FOR DAMAGES THAT MAY BE SUFFERED BY THE HARDWARE, SOFTWARE AND/OR DATA OF THE USER AS A RESULT OF ANY VIRUS OR CONTENT OR MALWARE. THE USER TAKES SOLE RESPONSIBILITY FOR INSTALLING THE NECESSARY TOOLS IN HIS/HER EQUIPMENT TO DETECT AND PREVENT HIS/HER EQUIPMENT, HARDWARE, SOFTWARE AND/OR DATA FROM SUFFERING ANY TYPE OF DAMAGE.
  • RENAZCA WILL NOT BE ACCOUNTABLE, IN ANY CASE, TO USERS FOR INDIRECT OR DIRECT DAMAGE (INCLUDING INCIDENTAL, CONSEQUENT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, IN THE CASE OF BEING ADMITTED BY APPLICABLE LEGISLATION) DERIVED FROM THE USE OR THE IMPOSSIBILITY OF USING THE WEBSITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION THE LOSS OF PROFIT OR THE LOSS OF BUSINESS. IN SOME COUNTRIES, THE LIMITATION OF LIABILITY IS PROHIBITED, WHICH MEANS THE PRESENT LIMITATION WILL BE APPLIED ONLY TO THE EXTENT TO WHICH THE APPLICABLE LEGISLATION PERMITS.
  • RENAZCA WILL NOT BE RESPONSIBLE IN ANY CASE FOR THE USE THAT THE USER MAY MAKE OF THE CONTENT AND THE PRECONFIGURED CONTENT, IN PARTICULAR THAT RELATED TO THE COLLECTION OF CONSENT OF THE RECIPIENTS OF SAID CONTENT AND/OR THE ACCURACY, UP-TO-DATENESS AND SUITABILITY OF THE DATA OF A PERSONAL NATURE OF SAID RECIPIENTS.
  1. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

 The present Terms and Conditions are governed by Spanish common law. Any controversy that arises from questions related to the Website shall be submitted to the exclusive competency and jurisdiction of the courts of the city of Madrid.