The Directorate for the Promotion of Culture (Department of Culture and Language Policy) and the Directorate of Services (Department of Economic Development, Sustainability and Environment) of the Basque Government (hereinafter referred as the Holders) and address at Calle Donostia-San Sebastián Kalea 1, 01010 Vitoria-Gasteiz (Álava), are the holders of the BDCC Web Site accessible through the URL: https://www.basquedcc.euskadi.eus (hereinafter referred as the Web Site,).
This document is an English translation provided for users? convenience only. Although reasonable efforts have been made to provide an accurante translation, the Spanish version of these general terms will govern the relationship between users and the Holders. If there is any contradiction between what the Spanish version of the Legal Notice says and what this translation says, the Spanish version shall take precedence.
For further information, enquiry, question or suggestion concerning the Web Site, you may contact us by writing us to the email firstname.lastname@example.org or through the Zuzenean service: citizen attention.
We will now proceed to show you the terms and conditions that generally rule the access to the Holders' Web Site, as well as both the services and functionalities offered there, without prejudice to the application of different conditions or their modification. A regular reading and reviewing of these terms and conditions is recommended, as there may be modifications to the legal texts.
General Terms and Conditions
01.Identification of the Parties
These General Terms and Conditions are entered into between the Holders and the User, which means any natural or legal person who freely and voluntarily access the BDCC Web Site.
02.Purpose of the BDCC Website
The BDCC website provides information about the activity of the Basque District of Culture and Creativity (BDCC), whose aim is to drive public and private policies that develop the Basque cultural and creative industries (ICCs), offering them highly qualified support and useful tools.
As a User, through the mere access and browsing on the BDCC Web Site, you shall:
- Use the BDCC Web Site and its features in accordance with the applicable legislation, as well as the moral and good deeds, public order and these Terms and Conditions.
- Review the changes and modifications we may make to the Terms and Conditions, as well as those made to other applicable conditions.
- Check the communications submitted by the Holders, as they may contain relevant information.
- Not carry out any action or use any means to simulate the look and feel or functioning of the Web Site.
- Not do anything that could harm, disable, overburden or impair the proper working of the service (or the networks connected thereto). You shall not interfere in any other User's use and enjoyment of the Web Site.
- Not insert, by any means, virus, worms, trojans or any other malicious codes in order to interrupt, destroy or limit the functioning of the Web Site.
- Not use any techniques of verse engineering and/or to decompile or to decode or use any other system to find BDCC Web Sites's source code.
- Not perform any kind of act that may violate the Holder's rights or interests, or third parties', such as intellectual and/or industrial property rights (trademarks, copyright, commercial secrets ...).
04.Web Site's availability
The Holders seek to improve and expand the BDCC Website, as well as the services, functionalities and content offered therein. Notwithstanding the foregoing, the Website will be shown as it is at any time, depending on availability, limitations and other concurrent circumstances.
05.Using the tools
- 5.2. Notwithstanding the above, when Users make use of the tools offered, they agree to comply with the following obligations:
- Not to breach these General Terms and Conditions of Use, or any other specific condition that may be applicable;
- Not to use these tools commercially without the authorisation of the Holders; for example, to collect information and content in order to provide services to third parties;
- Not to damage, disable, overload or make it difficult to use the tools (or the network(s) connected to the tools), or to interfere in other users? normal use and enjoyment of them.
- 5.3. The Owners reserve the right to limit or interrupt the use of the tools temporarily in case of any anomaly or incident. In addition, the Holders are, without limitation, not liable for the following:
- The use and usefulness for the Users of the functionalities offered by the tools, as at no time are the Holders liable for the selection or use made by the Users;
- Any damage caused by the use or non-use of the tools, provided that the recommendations specified therein have not been complied with;
- Any interruptions in the operation of the tools due to any action or lack of action by the User. For example, due to the use of incompatible browsers, not following the recommendations or instructions offered at any time, etc.
- 5.4. The Holders shall not be liable for any representations or warranties by third parties regarding the appropriateness of their tools, which are shown "as is" and with the functions and versions available at any time.
The Holders strives to make the services and functionalities of their Web Sites permanently available. However, they will be shown "just as they are" when you access them, according to its availability and limitations at the time.
Despite the Holders' continued efforts to protect the systems and content included on the Web Site, for which it has implemented the usual Internet security standars, it is not possible to offer full guarantees regarding the intrusions or loss of information that may happen. Likewise, the absence of viruses or other harmful elements can not be guaranteed on the Web Site or on third-party pages that may cause alterations to the User's computer system, both to software and hardware. For this reason, the User accepts and understands that events may occur that are outside the control of BDCC.
The Web site may include links to pages or sites of third parties unrelated to the Holders, for which the BDCC assumes no liability whatsoever as it does not approve or review their functions and content. Any User who accesses any link published on the BDCC Web site does so at his/her own risk and without the Holders assuming any liability for it.
Likewise, the Holders are exempt from any liability arising from the misuse of the Web site by the Users, as well as for the breach of the obligations or commitments assumed under these terms and conditions or any other applicable terms and conditions.
07.Intellectual and industrial property rights
All right of intellectual and industrial property on the Web Site and all its contents, including programming, designings, applications, graphics, codes, texts or images, trademarks, tradenames, distinctive signs and other items present therein belong exclusively to the Holders, including the BDCC trademark, or they have enough rights and/or authorisations to exploit it.
As a consequence of the above mentioned, any reproduction, distribution, public communication (including making the content available), transformation or any other kind and form of exploitation, or even citing sources, is prohibited, unless you have prior, express and writing consent of the Holders or the exclusive owner of the rights affected.
If you detect any infringement of intellectual and/or industrial property rights on the Web Site, please send us an email to the address referred to earlier.
Any kind of harm, damage, loss or cost (including lawyer's and legal representative's fees) caused by an User's infringement of these Terms and Conditions, or of any other applicable ones, incurred by the Holders shall be compensated by the User who caused it. This includes any third party claims arising from such infringements.
These Terms and Conditions may be changed and/or updated at any time, without giving prior notice. The modifications shall enter into force from their posting on the BDCC Web Site, regardless of the means and forms used for that purpose.
The modification shall just affect those Users who had accepted it after that modification was posted.
- Waiver and interpretation of the Terms and Conditions
Should any provision of these Terms and Conditions be considered illegal, invalid or non-enforceable by decision of the competent authority, it may be amended in such a way so that it can be enforceable and, at the same time, effective as near as possible to the original intention of the provision. In any event, such a declaration in regard to one or more clauses shall not prejudice the validity of the remaining clauses.
The non-enforcement of the strict fulfilment of any of these terms does not entail nor may it be interpreted as a waiver on Holders? part of requiring their fulfilment on their strict terms in the future.
The applicable language of these Terms and Conditions are Spanish and Basque. TIf other language versions, such as English, are provided, it is only as a courtesy and for the convenience of the User.
- Governing law and venue
Relations between the Holders and the User shall be governed by the legislation in force in Spain and the Basque Country.