1. Identity of the operator of this website
Pursuant to Law 34/2002 of 11 July on Electronic Trading and Information Society Services, we wish to inform you that the operator of the website www.dferia.eus is:
- Business name: Entidad Publica Empresarial DONOSTIA KULTURA.
- Tax Nº: Q2000541I.
- Address: Reina Regente, 8. 20003 Donostia/San Sebastián. Gipuzkoa.
- Phone number: 943 481 150.
- Fax: 943 483 900.
2. General conditions for the use of this website
Access to this website grants you "User" status, entailing your express acceptance with no reservations of any general conditions posted on www.dferia.eus, when you enter the website. Users must therefore read these general conditions of use each time they decide to access and where applicable use the services provided through this website, since the conditions may be modified.
In this regard, a "User" will be taken to mean a person who accesses, browses, uses or takes part in the services and activities, at no charge or against payment, made available on www.dferia.eus.
2.1. Purpose and scope of application
These general conditions of use regulate access, browsing and usage of www.dferia.eus and any liabilities arising from the utilisation of its contents such as the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, in addition to any other creations protected by national laws and international treaties with regard to intellectual and industrial property rights.
Donostia Kultura may establish specific conditions which will apply to the use and/or contracting of specific services, and these general conditions will be applicable on a supplementary basis.
2.2. Conditions for access to and use of the services
- On principle, access to www.dferia.eus is free and does not entail any charge. However, some of the services and contents may be subject to prior contracting of the service or product, and in these cases the specific conditions created for this purpose will be applicable, and Donostia Kultura will provide you with same prior to the contract.
- Children under the legal age wishing to make use of the services on this website must have the prior written consent of their parents, guardians or legal representatives, and the latter are the sole parties responsible for any action taken by the children in their care.
- The User must at all times make lawful use of the services on this website, pursuant to these general conditions, the laws in force, public morals and public order, and practices generally accepted on Internet.
- The User guarantees that all the information supplied on the subscription forms on this website is lawful, genuine, exact, truthful and current. The User will be exclusively responsible for immediately notifying Donostia Kultura of any changes that may be made to the information supplied.
- The User must refrain from: adding viruses, programmes, macros or any sequences of characters for the purposes of damaging or altering the IT services on this website; preventing access by other users by means of en masse utilisation of resources; capturing data posted on this website for advertising purposes; reproducing, copying, distributing, transforming or supplying to third parties the contents of this website; taking action by means of the services on this website that may contravene intellectual property, industrial secrets, contractual undertakings, rights to reputation, to image and the personal privacy of third parties; taking action involving unfair competition and unlawful advertising.
- If, for the purposes of using and/or contracting a service on www.dferia.eus, Users are obliged to register, they will be responsible for supplying truthful and lawful information. If, as a result of registration, the User is provided with a password, the User undertakes to make diligent use of the password and to maintain the secrecy of the password to access these services. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords that may be supplied to them, and undertake to refrain from allowing them to be used by third parties on either a temporary or a permanent basis, and from granting access to unauthorised parties. The User will be responsible for lawful usage of the services by any unlawful third party using a password to this end due to non-diligent utilisation or to loss of the password by the User. In the event their passwords are stolen or mislaid, or in the event of unauthorised access to passwords, Users will be responsible for notifying Donostia Kultura immediately in order to have them cancelled. Under no circumstances will Donostia Kultura be responsible for action taken by unauthorised third parties until such notification has been made by the User.
3. Intellectual and industrial property rights
Donostia Kultura owns the intellectual and industrial property rights to all the components of www.dferia.eus, including the brand, business name or distinctive symbol. Specifically, although the following list is not exhaustive, the graphic design, source code, logos, texts, graphics, illustrations, photographs, sounds and other components of the website are protected by copyright
Under no circumstances can access to or browsing on www.dferia.eus entail a waiver, transmission or total or partial licence by Donostia Kultura concerning its intellectual and industrial property rights to Users for their personal use.
The User therefore acknowledges that the reproduction, copying, distribution, sale, transformation, reutilisation, public communication and, in general, any other kind of exploitation, by means of any procedure, of all or part of the contents of www.dferia.eus, without the written express authorisation of Donostia Kultura, constitute an infringement of its intellectual and/or industrial rights.
All and any information that is not considered personal data furnished voluntarily to www.dferia.eus via Internet (including any remarks, suggestions, ideas, graphics etc.) will become the exclusive property of Donostia Kultura, which will hold the unlimited rights to usage, without accruing any compensation in its favour or in favour of any other parties.
4. Liability and guarantees
- Donostia Kultura does not guarantee the lawfulness, reliability, utility, truthfulness or accuracy of the services or of the information on www.dferia.eus, and thus does not accept any direct or indirect liability for damages of any kind arising from fraudulent utility or any expectations that the User may have entertained.
- Donostia Kultura declares it has taken technical and organisational measures to the full extent of its possibilities and the status of technology to ensure proper operation of the website, and to ensure it is free of viruses and harmful components. Nevertheless it cannot accept any liability for: (a) the continuity and availability of the contents and services on www.dferia.eus; (b) the absence of errors in such contents or the correction of any flaws that may arise; (c) the absence of viruses and/or other harmful components on www.dferia.eus; (d) the impregnability of the security measures taken; (e) any damage caused by any person foiling the security systems of www.dferia.eus.
- Users will be solely responsible vis-à-vis third parties for any communications sent personally or on their behalf to www.dferia.eus, and for the unlawful use of the contents and services on this website.
- Donostia Kultura reserves the right to temporarily suspend, with no prior notice, accessibility to www.dferia.eus for reasons relating to maintenance, repairs, updates or improvements. Circumstances permitting, Donostia Kultura will post a notice with sufficient time on its website stating the planned date of suspension of the services.
- The purpose of any links to other webpages on www.dferia.eus that may take you to websites for which Donostia Kultura is not responsible, since it has no control over same, is to inform Users of any sources of information, and therefore Users enter these on their own responsibility and under the conditions of use governing same.
- Donostia Kultura takes no responsibility for any use that may be made of the contents and services on its website by Users. Consequently it does not guarantee that any use that may be made of these contents and services by Users will match these general conditions of use, or that they will do so in a diligent manner.
5. Duration and modification
- Donostia Kultura reserves the right to modify totally or partially these general conditions of access, posting the changes on its website. It may also, without any prior notice, make any modifications it deems appropriate on the website, and may change, remove or add both the contents and services it provides, and the way in which they are presented or located. Consequently, the general conditions posted at the time at which the User enters www.dferia.eus will be understood as those in force, and the User must therefore read the conditions of use regularly.
- Irrespective of the provisions of the specific conditions, Donostia Kultura may terminate, suspend or interrupt, at any time with no need to issue prior notice, access to the contents of the website, and the User will not be entitled to seek any compensation.
You may examine all the information on the processing of your data at this link.
7. Laws applicable and jurisdictional competence
The relations established between Donostia Kultura and the User will be governed by the provisions of regulations in force concerning the laws applicable and the competent jurisdiction. However, for cases in which regulations state the possibility of the parties submitting to a jurisdiction, Donostia Kultura and the User, expressly waiving any other jurisdiction to which they may be entitled, submit to the Courts and Tribunals of the city of San Sebastián.