1.- GENERAL INFORMATION ON THE HOLDER OF THE WEBSITE
In compliance with the duty of information included in article 10 of the Law 34/2002, of July 11th, on the Services of the Society of the Information and Electronic Commerce, the following circumstances are put forward:
The holder company of this website is the Public Entity EUSKAL IRRATI TELEBISTA RADIO TELEVISIN VASCA (hereinafter EITB), created by the Law 5/1982, of May 20th, on the creation of the Public Entity Radio Televisin Vasca, an entity located in Bilbao 48013 (Spain), Rue Capuchinos of Basurtu, no. 2, and whose CIF (tax code) is Q0191001G.
The contact phone is (34) 946 563 000, the fax number is (34) 946 563 095, and the contact form is this
2.- ACCESS AND CONDITIONS OF THE USE OF THE WEB SITE
In addition, as adhered member of CONFIANZA ON LINE, the User may submit any such dispute arise over contracting terms, publicity online publicity, data protection, infant protection and accessibility, to the Alternative Dispute Resolution system provided by CONFIANZA ON LINE, embodied in the Jurado de la Publicidad and the Junta Arbitral Nacional de Consumo.
In case that, as a consequence of the aforementioned record, the User is provided with a password, he shall be the only one responsible for its custody and its adequate use, commiting himself to do a diligent and confidential use of it, and not to transfer its use to a third party. The unlawful use of the services by any illegitimate third party which uses the password of the User for this purpose because of a non-diligent use or its loss shall be the User's responsibility. The loss of the password must be informed to EITB immediately.
The Website provides the User with the access to a lot of information, services, programs or data in Internet (hereinafter, Contents) belonging to EITB or to its licensors.
The User commits himself to do an adequate use of the contents and the rest of the services (such as chat services, blogs or forums of discussion) that EITB offers through the Website. In aim of giving a broad outline, those behaviors considered as inadequate uses are next listed and, therefore, banned in the Website:
* Reproducing or copying, distributing or enabling public access through any modality of public communication, transforming or modifying the Contents unless there is authorization of the owner of the corresponding rights, or it is legally allowed in each case.
* The diffusion of contents or advertising of racist, xenophobic, pornographic-illegal nature as well as statements supporting terrorism or seen as an attack against human rights.
* Causing damages on the physical and logical systems of EITB, of its suppliers or third parties, as for instance, the diffusion through the net of computer virus or any other physical or logical systems that are capable of provoking the previously mentioned damages, as well as any other kind of damage on the functionality of the service.
* Trying to access and, in the event, using other Users' accounts of e-mail the e-mail accounts of other Users and modifying and handling their messages.
* Using the contents and, particularly, any type of information obtained through the Web to send advertising, communications for direct commercial ends or for any other kind of commercial aim, non requested messages sent to a diversity of people regardless their aim, as well as disclosing the aforementioned information in any way.
* And, in general, any kind of proceeding or use of the Contents that an illicit, illegal or contrary to the good faith and public order activity may involve.
EITB reserves the right to withdraw all those comments and contributions damaging the respect to the persons dignity, which are discriminatory, xenophobic, racist, pornographic, which go against youth or childhood, the public order or safety or which, in its judgement are not adequate. Likewise, EITB reserves the right to interrupt temporally or definitively any of the services offered through the Website, with no need of previous warning, as well as the faculty to solve the relationship with the User if it detected any anomalous use.
Under no circumstances EITB will be responsible for the opinions stated by the Users through the forums, chats, blogs or any other participating tools.
All the information given by the user to EITB through the web site must be truthful. For these purposes the user guarantees the authenticity of all those data that is given as consequence of the filling out of the forms which are necessary to accede to some of the contents. Likewise, the user will be responsible for keeping all the information provided to EITB permanently brought up to date so that it responds each time to the real situation of the user. In any case, the user will be the only responsible for the false or inaccurate statements made and for the damage he may cause to EITB or someone else for the information given.
All the information received in the web site, or the information offered to the rest of users is considered as freely given information. The user will refrain from providing any information that canno be treated this way.
2.1. News Service
The news service that EITB offers through its web page has been created to help you find information about news that are not owned by EITB or that EITB does not control. More especifically, the news service offers brief descriptions of news (first 150 letters) to help you identify those news that are of your interest. By clicking on news, the service will take you to the origin of this new.
The content of this news service is limited to the personal use being the commercial use of it banned.
3.- RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY
EITB is the owner and/or has the corresponding license on the rights of intellectual and industrial property of http://www.eitb.eus Website as well as the rights of intellectual, industrial and image property about the available contents through it (it includes among them images, sound, audio, video, software or texts, brands or logos, colour combinations, structure and design, selection of materials used, computer programs necesary for its working system, access and use, etc.) enjoying consequently the foreseen protection in the applicable regulation about industrial and intelectual property. Design, images, maps, graphics, brands, labels, distinctive signs or EITB logos, frames, banners, the software and its different codes, source and object etc. of this web are owned by EITB, which has the copyright about these legitimately and exclusively.
It shall in no case be understood that access and navigation of the User through the http://www.eitb.eus Website means a refusal, transmission, license or total or partial cession of the aforementioned rights by EITB. Users can make a private use of the Website and of their Contents, even though, they shall in no case make a commercial use of them, modify their elements, reproduce them beyond their private use, distribute them or communicate them publicly.
In this sense, it is not allowed to eliminate, avoid or manipulate copyright warning and whatever other identification data of the rigths of EITB, as well as technical protection devices, digital tracks or any other mechanism of information and/or identification that might be included in the Contents.
A User entering the Website will not be able to copy, modify, distribute, broadcast, reproduce, publish, transfer or sell the aforementioned elements or create new products or services derived from the obtained, if he does not have the express and written authorization of EITB or the corresponding copyright holder. It is only authorized the visualization and loading of Users personal and non-commercial use, not being allowed to extend it to third parties or entities.
Minors must always request permission to their parents, tutor or legal representative before accessing the web site.
The parents or legal tutors of the minors are the ones who are in the last term entitled and legitimized to authorize, limit and also ban the access to precise information or contents of this web site.
The access and use of the web site to non-authorized minors is completely banned. EITB understands that from the moment a minor has access to the web site, it is under the permission of his parents, tutor or his legal representative.
The contents added to the web page and that are mentioned later are directed to a diverse audience and therefore there could be certain sections that add inappropriate or banned contents or services to the minors. The access to these sections will be specifically banned to children under 18.
EITB informs that there are computer programs that allow to leak and block the access to certain contents and services. These programs are used, among other functions, so that parents decide which services or contents can a minor access.
These programs can be useful tools to look after the interests of the minors without stopping or limiting his access to the opportunities that Internet may offer him.
5.1 Disclaimer for undue use of the Website or of the passwords
EITB will never be responsible for any kind of damages arisen directly or indirectly from the lack of reading the Legal Notice, or of the failure to comply with duties specified in the conditions set in it.
Users are the only and exclusive responsible ones for the codes of identification and access to the Contents or Services of the Website. This aforementioned identification is composed of the secret code or key and the Users name.
Consequently, EITB does not assume any responsibility of the inadequate use of these access codes or of the consequences derived from Users misuse, its loss or oblivion and improper use of non-authorized third parties.
5.2 Disclaimer in the operation of the Website
EITB Website does not guarantee the total updating, accuracy and/or availability of the contents of the web site at any time, although it states it has taken all the necessary measures as possible and of the current state of technology, to guarantee the continued operation of the Website and avoid the existence and transmission of virus and other damaging components for users.
The service rendered through the Website might be interrupted by a wide range of circumstances. In such case, EITB shall not assume in any case the damages that the interruption causes to Users or their equipment. Likewise EITB will not assume any responsibility at all for data, information or database loss that are produced as consequence of the supply cut off of any of its services, all the responsibility for damages that could arise from there.
The User accepts that the use of the service shall be under his exclusive risk and that EITB does not response for the possible damages that may be caused due to lack of availability or service continuity, to access failure, vulnerability of its security systems, suitability for a particular purpose or fulfillment of expectations or needs of users.
EITB is not responsible for the habits or defects of all services rendered by third parties through the Website. In this sense, EITB might authorize other entities to promote or render their services in the web site, although EITB will not be responsible for establishing the general and particular conditions to be taken into account in the use, assistance or contracting of these services by third parties and, therefore it shall not be considered responsible for them.
5.3 Disclaimer for contents housed in web pages available from the Website
EITB web site does not guarantee the accuracy, quality, reliability or morality of the data. Programs, informations or opinions, whatever its origin may be, that circulate through the net or nets that the users can access through the web site and are beyond their and/or control. Supposing EITB web site might contain connections or links with other portals which are not arranged by EITB, this shows that it does not exercise any kind of control over these portals or web sites, and that it is not responsible for the contents or their privacy policies.
No link to the Website can be established from any other Web without the previous and express approval of EITB.
7.- COMMERCIAL COMMUNICATIONS THROUGH ELECTRONIC MAIL
The only commercial communications done by e-mail will be the ones which have been expressely accepted or authorized by the addressees according to Law 34/2002, of July 11th, of Services of Society of Information and Electronic Commerce, except for the stipulated by article 21.2 of Law 34/2002, of Services of Society of Information and Electronic Commerce in the writing given by the Final First Regulation of the new General law of Telecommunications, that is when there is a previous contractual relation.
8.- MODIFICATION OF GENERAL CONDITIONS
EITB shall be able to modify the terms and conditions specified in the current Legal Notice, totally or partially, publishing any change in the same way that general conditions of access and use of the Website appear.
Therefore, the temporal validity of these general conditions coincides with the time of its exposition until they are totally or partially modified, and it is when the modified general conditions shall come into force.
EITB shall be able to consider as finished, to modify, to cancel or to interrupt both the access to the Contents and services rendered through the Website and the way these are presented or located, at any time with no need of previous warning and with no possibility for the User to claim for any indemnification at all. After the aforementioned extinction, the prohibitions of use of the Website exposed in paragraph 2 of these general conditions shall continue in force.
9.- PROCEDURE TO REPORT THE VIOLATION OF RIGHTS
Without affecting the Users assumed responsibility for respecting the applicable rules with regard to intellectual property rights, EITB intends to set the neccesary mechanisms for the safeguard of the third-parties rights. According to the previous lines, on the assumptions that Users consider that the Contents violate their intellectual property rights, they shall send a duly signed communication to EITB in the terms and with the content described as following:
1. Users declaration informing that a particular Content violates his intellectual property rights. 2. Description of the content and location of the Contents in question. 3. Explanation of the procedure for the violation of intellectual property rights (for instance, the sound has been copied, the video is a copy of the original video, etc.) 4. Identification of the object protected by the intellectual property rights (for instance, title, publisher, dates, etc.) 5. Necesary contact information in order that EITB and/or the allegedly offender user sends the corresponding answer, with a copy of the National Identity Card or Passport.
The notification must be sent to EITBs Legal Consultancy registered at Bilbao 48013, Rue Capuchinos of Basurtu, no. 2.
10.- LEGAL RULES AND APPLICABLE JURISDICTION
These General Terms and Conditions are governed by Spanish Law. For the resolution of conflicts, the parties, by their own choice, submit to the jurisdiction of the courts and tribunals of the user's place of residence, renouncing any other jurisdiction. Likewise, as an entity adhered to Confianza Online and its Code of Ethics , in the event of conflicts related to the contract and to online publicity, data protection and the protection of minors, the user may resort to the extrajudicial conflict resolution system of CONFIANZA ON LINE