The purpose of these conditions is to communicate the mode of access and use by the public of the contents and services offered on the Rafael del Pino Foundation's portal (hereinafter, the "Portal"), which can be accessed free of charge via the address www.frdelpino.es and whose information is current on the date of its last update.
Access to the Portal and the information it contains implies acceptance of the conditions set out in this Legal Notice. Therefore, we recommend that you read its contents carefully if you wish to access and make use of the information and services that, where appropriate, may be offered at any time from the Portal.
1) Identification data:
In compliance with the duty to provide the information set out in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following details are provided below:
The owner of this Portal is the Rafael del Pino Foundation, with address in Madrid (28.046), Paseo de la Castellana number 37, with C.I.F. number G-82483934, and National Classification of Economic Activities number 9111, registered in the Register of Foundations of the Protectorate of Foundations of the Ministry of Education and Science with number 479. The contact e-mail address is: firstname.lastname@example.org.
To get in touch with us, we have various means of contact which you will find in our "Contact us" section (https://frdelpino.es/contacto/).
Access and/or use and/or participation in the Portal confers the condition of User on those who access and/or use it, and expresses the full and unreserved acceptance by the User of each and every one of the conditions set out herein.
3) Use of the Portal:
Access, browsing and use of the Portal is the responsibility of the User, and the User therefore undertakes to diligently and faithfully observe any additional instructions given by the Rafael del Pino Foundation or by authorised personnel of the Rafael del Pino Foundation regarding the use of the Portal and its contents. Likewise, we urge you to inform the Rafael del Pino Foundation of any event of which you become aware that involves conduct contrary to law or infringes the rights of any third party.
Therefore, the User undertakes to use the contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from:
- use the contents for purposes or with effects contrary to the law, morality and generally accepted good customs or public order;
- distribute, allow public access through any form of public communication, transform or modify the contents, unless the written authorisation of the holder of the corresponding rights has been obtained or it is legally permitted; and
- use the contents and, in particular, information of any kind obtained through the Portal or the services to send advertising, communications for the purposes of direct sales or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, and to refrain from marketing or disclosing such information in any way.
The Portal provides access to a multitude of information, services or data on the Internet belonging to the Fundación Rafael del Pino and/or its collaborators to which the User may have access.
Given that the User assumes responsibility for the use of the Portal and its contents, this responsibility extends to the registration that may be necessary to access certain services or specific contents. In this registration, the User shall be responsible for providing truthful and lawful information. If, as a consequence of this registration, the User is provided with a password, he/she undertakes to use it diligently and to keep the password secret in order to access these services. Consequently, the User is responsible for the proper custody and confidentiality of any identifiers and/or passwords supplied by the Fundación Rafael del Pino, and undertakes not to cede their use to third parties, either temporarily or permanently, nor to allow access to them to third parties. The User will be held responsible for the use of the services by any illegitimate third party who uses a password for this purpose as a result of non-diligent use or loss of the same by the User.
The User undertakes to make appropriate use of the contents that the Fundación Rafael del Pino offers through its Portal; and by way of example, but not limited to, not to use them for: (i) engage in activities that are illicit, illegal or contrary to good faith and public order; and/or (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or against human rights; and/or (iii) cause damage to the physical and logical systems of the Fundación Rafael del Pino, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that may cause the aforementioned damage; and/or (iv) attempt to access and, where appropriate, use the e-mail accounts of other users and modify or manipulate their messages.
In compliance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we inform you that the e-mail addresses you provide us with at any time may be used to send information and/or documentation from the Fundación Rafael del Pino. If you do not wish to receive such information and/or documentation, please inform us in writing to the Fundación Rafael del Pino, calle Rafael Calvo 39, Madrid (28.010) or by writing to the following e-mail address email@example.com
4) Intellectual and industrial property:
The name Rafael del Pino Foundation, as well as other distinctive signs (graphic or denominative) that appear on this Portal, are the exclusive property of the Rafael del Pino Foundation, which has them duly registered, unless it is indicated on the Portal that they belong to another owner. Their use by third parties without the required authorisation, which, where applicable, must be in writing, is prohibited.
The possible presence on this site of distinctive signs owned by third parties other than those mentioned in the preceding paragraph is made for non-commercial purposes and with the authorisation of their legitimate owners, always with due respect for their exclusive rights.
In the same sense, the domain names "fundacionrafaeldelpino.es" and "frdelpino.es", as well as all those that serve to directly access this website, are the exclusive property of the Fundación Rafael del Pino. The improper use of the same would be an infringement of the rights conferred by their registration and will be prosecuted by the means provided by law.
The Rafael del Pino Foundation, by itself or as assignee, is the owner of all the intellectual and industrial property rights of the Portal, as well as of the elements contained therein (including but not limited to: images; sound; audio, video; software or texts; trademarks or logos; combinations of colours and graphic typology; structure and design; selection of materials used; computer programs necessary for its operation; computer codes; access and use; etc.). Thus, ownership corresponds to the Rafael del Pino Foundation or its licensors.
Consequently, it is not permitted to remove, evade or manipulate the copyright notice and any other data identifying the rights of the Rafael del Pino Foundation or its owners incorporated into the contents, as well as the technical protection devices, digital fingerprints or any information and/or identification mechanisms that may be found in the contents of the Portal.
Under no circumstances shall it be understood that access and/or browsing by the User implies a waiver, transmission, authorisation, licence or total or partial cession of said rights by the Fundación Rafael del Pino.
Therefore, the User undertakes to respect the intellectual and industrial property rights owned by the Rafael del Pino Foundation so that the Portal and the contents it contains may not be transformed, distributed, sold, transmitted, publicly communicated, exploited, modified, altered, decompiled and/or transferred to third parties, totally or partially, by means of any type of support or medium, unless expressly authorised in writing.of the Rafael del Pino Foundation or, where appropriate, of the holder or holders of the corresponding rights.
Notwithstanding the foregoing, the reproduction, by any means, of the contents of the Portal is permitted subject to the limitations indicated below:
(i) the User undertakes to keep intact all intellectual property notices, expressly acknowledging the Rafael del Pino Foundation as the legitimate owner of all industrial and intellectual property rights of the content reproduced. The above information must be expressly stated in the corresponding Legal Notice of the work in which any content of the Portal is reproduced or, if there is no Legal Notice, it shall be stated in a similar and prominent place in the work;
(ii) the User must cite the source;
(iii) the contents of the Portal may not be used for commercial purposes;
(iv) the content of the Portal may not be reproduced in works whose content is contrary to legal regulations, may be considered immoral or may undermine or damage the image of the Rafael del Pino Foundation;
(v) the reproduced content may not be altered or transformed or otherwise modified in any way; and
(vi) no derivative work may be created or generated from the Portal and/or its content that may cause confusion as to the ownership of such work or the relationship of the owner thereof with the Fundación Rafael del Pino. The public may not be misled into believing that the Fundación Rafael del Pino endorses the said work and/or the use of the content reproduced.
The content of the Portal may be downloaded to the User's terminal, provided that it is for immediate private use or for reproduction in accordance with the provisions of the previous paragraph and with the limitations set out above. You may view the elements of the Portal and even print, copy and store them on the hard disk of your computer or on any other physical medium, provided that this is solely and exclusively for your personal and private use and provided that it does not infringe any of the intellectual or industrial property rights of the Fundación Rafael del Pino. In particular, you may not alter, manipulate, modify and/or delete them in whole or in part.
The Rafael del Pino Foundation does not transfer ownership of its software to the User. The Rafael del Pino Foundation retains all industrial and intellectual property rights, including the software. If the User transfers software from this Portal to his/her terminal, he/she may not dissect it for study, decompile it, translate the version of the original object code or its language to another code or language.
In addition, the User must refrain from deleting, altering, evading or manipulating any protection device or security system installed on the Portal.
5) Use of content:
Creative commons license https://creativecommons.org/licenses/by-sa/3.0/es/The user is free to copy, reproduce, distribute and publicly communicate the work, as long as the original author is cited and acknowledged and the source where it was published (institution, publication, journal, etc.) is cited. It is not permitted to generate derivative works or use them for commercial purposes. The licensee must comply with the requirement to acknowledge (must properly acknowledge authorship and source and provide a link to the licence; may do so in any reasonable way, but not in a way that suggests that he/she has the licensor's support or receives it for the use he/she makes) and share alike. It is important to note that the user will not have to comply with the licence for those elements of the material in the public domain or where use is permitted by the application of an exception or limit, and that the licence may not provide all necessary permissions for the intended use; for example, other rights such as rights of publicity, privacy, or moral rights may limit the use of the material.
6. disclaimer of warranties and liabilities:
The Rafael del Pino Foundation shall not be liable, under any circumstances, for damages of any kind that may be caused by, but not limited to: errors or omissions in the contents; and/or lack of availability of the Portal; and/or transmission of viruses or malicious or harmful programmes in the contents, despite having adopted all the necessary technological measures to avoid this.
The Rafael del Pino Foundation does not guarantee nor is it responsible, in any case or circumstance, for the following facts and contents:
The information, both its own and that of third parties, which appears on the Portal is provided "as is", with no guarantees whatsoever as to its accuracy and up-to-dateness. Consequently, the Rafael del Pino Foundation accepts no responsibility for any possible damage that may be caused by the use of this information. In this respect, it should be borne in mind that it cannot always be guaranteed that information available on the website exactly reproduces a text. Therefore, only the texts in the printed editions of the Fundación Rafael del Pino and the information given personally by the competent person in the legally and regulatory established manner will be considered authentic. This does not prevent the Rafael del Pino Foundation from acting with the utmost diligence in order to offer the most accurate, complete and updated information with regard to official documents and information.
In relation to what is mentioned in the previous paragraph, the information, contents and data of any kind contained in the Portal are conscientiously reviewed before publication. However, like any other intellectual creation that includes human and mechanical activity, it is not possible to guarantee that they are absolutely free of misprints, typing errors, defects in composition and equivalent problems, and therefore the Rafael del Pino Foundation strongly recommends that the User be attentive to any possible updates or corrections that the Portal may incorporate, that they confirm the data that may be of special interest to them through the personal, telephone, fax and e-mail communication channels provided on these same pages and that under no circumstances should they take decisions based solely and exclusively on the information on the Portal. In any case, the Fundación Rafael del Pino apologises for these errors, undertakes to correct them as soon as possible, and welcomes any comments, corrections or suggestions that the User may send to the Fundación Rafael del Pino, calle Rafael Calvo, 39 (28.010 Madrid).
The links on the Portal allow the User to leave the website of the Rafael del Pino Foundation. The linked sites are not related, unless otherwise indicated, with the Rafael del Pino Foundation, which is not responsible for the contents accessed by virtue of the aforementioned links, nor for any modifications made to them, nor for the use made of them, nor for their technical availability. In any case, the Rafael del Pino Foundation undertakes to do everything possible to avoid the existence on the Portal of links to sites with illegal content, which promote illicit, racist, xenophobic activities and, in general, which may infringe the principles of freedom and human dignity or violate the values and rights recognised by the Spanish Constitution and the Universal Declaration of Human Rights.
The Rafael del Pino Foundation is not responsible for the opinions that may be expressed in the different permanent forums and in the occasional chats that are included in the contents of the Portal. In any case, it is the intention of the Rafael del Pino Foundation to ensure the correct use of these mechanisms, with the utmost respect for the dignity of individuals and the freedom of expression protected by the Spanish Constitution, for which reason, among other things, it will cooperate, if required by court order or by the relevant authorities, in the identification of the persons responsible for those contents that violate the law.
The information, presentation and services offered by the Portal may be subject to periodic or occasional changes, which may be freely made by the Fundación Rafael del Pino without any obligation to inform users.
The Rafael del Pino Foundation does not guarantee absolute privacy in the use of the Portal, as the possibility that unauthorised third parties may become aware of the use of the Portal and the circumstances in which it is carried out cannot be ruled out.
The Rafael del Pino Foundation accepts no responsibility for possible damage caused by computer viruses and other elements or programmes harmful to the User's equipment that may affect it, as a consequence of accessing, using or examining the site, or produce alterations in its electronic documents or files, the absence of which is not guaranteed.
Likewise, the Rafael del Pino Foundation accepts no responsibility for any possible security errors that may occur due to the use of computers infected with computer viruses. Neither is it responsible for the consequences that may arise from the malfunctioning of the browser or the use of non-updated versions of the browser.
The Rafael del Pino Foundation is released from any liability arising from the malfunctioning of the Portal or any of its services that may be caused by an accidental circumstance, force majeure, necessary maintenance work and/or any other cause not attributable to the Foundation.
The above list is merely enunciative in nature and is in no case exclusive or excluding in any of its points. In all cases, the Rafael del Pino Foundation is released from any liability for damages of any nature arising directly or indirectly from the same and any other unspecified damages of similar characteristics.
This disclaimer of warranties and liability is not intended to contravene the requirements of law in this area, nor to exclude liability in respect of matters which cannot be disclaimed under the law applicable from time to time.
Cookies are only associated with an anonymous User and his or her computer, and do not provide references that allow the User's personal data to be deduced and/or personally identify the User; in other words, they are totally anonymous and cannot be associated with any specific User.
The User may, at any time, configure their browser to notify and reject the installation of cookies sent by the Rafael del Pino Foundation, without this affecting the User's ability to access the contents or interfering with browsing.
The Rafael del Pino Foundation reserves the right to make, without prior notice, the modifications it deems appropriate to its Portal, being able to change, delete and/or add both the contents and services provided through the Portal, and the way in which they are presented or located.
On the Portal, the User may find various links through different buttons, links, banners, etc., which will lead to web pages independent of the Portal and whose contents are the property of third parties. Their sole purpose is to facilitate access to other sources of information on the Internet related to its foundational purposes and their inclusion on the Portal is inspired by respect for the intellectual property rights that, where appropriate, may correspond to their authors.
In these cases, the Fundación Rafael del Pino will not exercise any type of control over said sites and contents and, consequently, does not assume any type of responsibility for any aspect relating to the web page to which a link is established from the Portal nor for the results that may be derived by the User from accessing said links.
Under no circumstances will the Rafael del Pino Foundation assume any responsibility for the contents of any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, veracity, validity, constitutionality of any material or information contained in any of these hyperlinks or other Internet sites, nor guarantee the absence of viruses or other elements in them that may cause alterations in the computer system (hardware and software), in the documents and/or files of the User, excluding any responsibility for damages of any kind caused to the User for this reason.
In addition, the Fundación Rafael del Pino accepts no responsibility whatsoever for the results that may be derived by the User from accessing these links.
The establishment of any type of link by the Portal to another external website does not imply that there is any type of relationship, collaboration and/or dependence between the Fundación Rafael del Pino and the party responsible for the external website.
If any User, entity or website wishes to establish any kind of link to the Portal and/or its content, it must comply with the following conditions and requirements:
- The link may lead to the Portal's home page and/or any of its contents.
- The link must be absolute and complete. In other words, it must take the User, by means of a click, either to the Rafael del Pino Foundation's own URL address (//www.frdelpino.es) or the one that replaces it in the future, or to any of its contents, and it must cover the full extent of the Portal's screen.
- If the entity that makes the link from its page to the Portal and/or to any of its contents wishes to include on its web page the brand, denomination, commercial name, commercial name, sign, logo, slogan or any other type of identifying element of the Fundación Rafael del Pino and/or the Portal, it must first have its express authorisation in writing, except in the case of establishing a hyperlink directly to the Portal or to any of the Portal's contents.
- The Rafael del Pino Foundation does not authorise the establishment of a link to the Portal and/or any of its contents from those web pages that manifestly promote hatred, contempt or discrimination for reasons of birth, race, sex, religion, nationality, opinion or any other personal or social circumstance and, in general, that contravene morality, public order, the principles derived from the Spanish Constitution or generally accepted social norms.
- The establishment of the link does not imply in any case the existence of a relationship between the Rafael del Pino Foundation and the owner of the site where the link is established, nor the acceptance or approval by the Rafael del Pino Foundation of its contents.
- The Rafael del Pino Foundation does not exercise any type of control over the sites and contents of the linked sites and contents.
The Rafael del Pino Foundation assumes no responsibility whatsoever for any aspect relating to the website that establishes this link to the Portal and/or its contents; specifically, including but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
The Rafael del Pino Foundation will pursue the breach of these conditions as well as any improper use of the Portal and/or its contents, exercising all administrative, civil and/or criminal actions to which it may be entitled by law.
11) Modification of these conditions and duration:
The Rafael del Pino Foundation may modify at any time the present conditions set out in its Legal Notice, which, if applicable, will be duly published in this same place.
The validity of the aforementioned conditions shall depend on their exposure and they shall, in general, be in force until they are modified by other duly published conditions.
The temporary validity of these conditions coincides, therefore, with the time of their exhibition, until they are totally or partially modified, at which time the modified conditions will come into force.
The Rafael del Pino Foundation may terminate, suspend or interrupt, at any time, without prior notice, access to the contents of the Portal, without the User being able to claim any compensation whatsoever. After such termination, the prohibitions on the use of the contents set out above in these conditions shall remain in force.
12) Applicable law and jurisdiction:
These terms and conditions shall be governed by the provisions of Spanish law.
In the event of any discrepancy or dispute arising from the interpretation or application of these conditions or the content of the Portal, in general, the Fundación Rafael del Pino and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction of the Courts and Tribunals of the city of Madrid.
In the event that any provision or provisions of these terms and conditions shall be held invalid or unenforceable, in whole or in part, by any competent Court, Tribunal or administrative body, such invalidity or unenforceability shall not affect the other provisions of the terms and conditions.
Failure by the Fundación Rafael del Pino to exercise or enforce any right or provision contained in these conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the Fundación Rafael del Pino.
In compliance with the crime prevention policy which has been implemented by the Rafael del Pino Foundation, is available to the workers a "Whistleblower channel". where the e-mail address has been made available firstname.lastname@example.org.
14) Translation of the original content:
The original contents included in the Rafael del Pino Foundation's portal architecture have been written in Spanish. The version translated into English of said contents, accessible on this portal through the tab marked with the flag of the United Kingdom, has been carried out by means of an automatic translation system and, therefore, the Rafael del Pino Foundation is not responsible for the wording of said translations, nor for the interpretation that users of the portal may make of the same.