Legal notice
GENERAL CONDITIONS OF USE OF THE INTERNET PORTAL
Legal Notice and Conditions of Use that regulate the access, navigation and use of the Internet Portal of the City Council of Denia (hereinafter, “the City Council”) located at the URL: https://deniafuturista.es
Hereinafter referred to as the “Web Portal”.
This Web Portal complies with the provisions of Article 39 of Law 40/2015, of 1 October, of the Legal Regime of the Public Sector.
Article 39. Internet Portal.
Internet portal is understood to be the electronic access point whose ownership corresponds to a Public Administration, public body or Public Law entity that allows access through the Internet to the information published and, where appropriate, to the corresponding Electronic Headquarters.
User shall be understood as any person who accesses, navigates, uses or participates in the services and activities developed in the Web Portal.
The access, navigation and use of this Web Portal implies on the part of the User the express, unequivocal and unreserved acceptance of all the terms of the present General Conditions of use of the Web Portal.
DETAILS OF THE ENTITY OWNING THE WEB PORTAL
The ownership of the Web Portal belongs to:
Company Name: Ayuntamiento de Dénia
NIF: P0306300E
Address: Plaça de la Constitució, 10, 03700 Dénia, Alacant
Telephone: 965780100
Corporate email: pciutadana@ayto-denia.es
PURPOSE AND SCOPE OF APPLICATION
The present Conditions regulate the access to the contents and services offered by the City Council through the Web Portal, as well as the use of the same by the users.
The City Council reserves the right to modify the configuration, presentation and content of the Web Portal, as well as the conditions required for its access and/or use.
ACCESS
Access to the contents and the use of the services provided by the Web Portal is free of charge, being subject to the General Conditions of use of the contents of the Web Portal contained in this Legal Notice.
Access and navigation through the Web Portal does not require registration, even though certain present or future services included in the same may require it. In case of accessing the Electronic Headquarters to carry out any transaction through the same, your identification and (if applicable) electronic signature will be required.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
This Web Portal is governed by Spanish law and by national and international legislation on intellectual and industrial property.
In no case shall it be understood that the access and navigation of the User through the Web Portal or the use of the services offered through the Web Portal, imply a waiver, transfer, license or total or partial transfer of such rights by the City Council.
References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by the City Council or third party companies or organizations, imply a prohibition on their use without the consent of the City Council or their rightful owners. All Intellectual and Industrial Property rights on the contents and/or services included in the Web Portal are reserved.
USE OF THE WEB PORTAL
The User agrees to use the Web Portal in accordance with the Law and with these General Conditions.
The User also undertakes to refrain from using the Web Portal for purposes or effects that are illicit, illegal or contrary to the provisions of these General Conditions.
By using the services, the User declares his/her conformity with these General Conditions, undertaking not to transmit, disseminate or make available to third parties through the services provided by the Web Portal any kind of material that in any way contravenes current legislation. In particular, and merely as an indication and not exhaustive, the User undertakes not to collect data for advertising purposes, not to send any kind of online advertising or chain messages and not to transmit, disseminate or make available to third parties through the services provided by the Web Portal any kind of content that, among others:
– Breach the regulations on personal data protection and guarantee of digital rights.
– Incur in illicit or illegal activities that, in any way, violate the fundamental rights and public freedoms recognized constitutionally and in the rest of the legal system.
– Induce, incite or promote criminal, denigratory, defamatory, violent or discriminatory actions.
– Incorporate criminal, violent or degrading messages.
– Are contrary to the right to honor, personal and family privacy or self-image of persons.
– Infringe the regulations on secrecy of communications.
– Cause, due to their characteristics (such as format, extension, etc.), difficulties in the normal operation of the Web Portal.
USE OF BLOG
The User may post comments on the Blog of the Web Portal (if available) indicating for this purpose his name, surname and email address and, in this sense, is informed that his comments, along with the identification data provided, may be published on the Blog.
The User agrees not to post any comments that could contravene the aspects outlined in the section “USE OF THE WEBSITE” of this Legal Notice and shall be solely responsible for the comments posted, as well as their interactions with other users, exempting the City Council from any liability in this regard.
The City Council reserves the right to refuse to publish, or remove, any comment or content that could violate the provisions of this Legal Notice.
COMMUNICATIONS.
The User acknowledges that he/she assumes responsibility and shall hold the City Council harmless for any communication that he/she provides personally or in his/her name, with such responsibility covering without restriction the accuracy, legality, originality and ownership of the same.
RESPONSIBILITIES AND GUARANTEES.
Due to the characteristics of a Web Portal and the technological dependencies (internal and external) that condition it, the City Council can not guarantee or be responsible for:
(1). The continuity of the contents of the Web Portal.
(2). The absence of errors in said contents or products.
(3). The invulnerability of the Web Portal and/or the impregnability of the security measures adopted therein.
(4). The absence of viruses and/or other harmful components in the Web Portal or in the server that supplies it.
(5). The damages or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions that the City Council establishes in the Web Portal or through the violation of the security systems of the Web Portal.
The City Council declares that it adopts, maintains and evolves the appropriate measures, within its possibilities and the state of technology, to maintain the availability of the Web Portal, protect the integrity of its contents and avoid the existence and transmission of viruses and other harmful components to Users, all within the framework of the legislation in force at all times, mainly National Security Scheme, Organic Law on Personal Data Protection and Guarantee of Digital Rights and its developments.
If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify the City Council so that it can proceed to the adoption of the appropriate measures.
LINKS TO OTHER WEB PAGES.
The Web Portal may contain links to other websites through different buttons, links, banners, etc., which could be managed by third parties. The City Council has no power or means to know, control or approve all information, content, products or services provided by other websites to which links may be established from its Web Portal.
Consequently, the City Council will not assume any responsibility for any aspect related to the Web pages to which a link could be established from the Web Portal, specifically and among others, on 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.
In this sense, if Users have actual knowledge of the illegality of activities carried out through these third-party Web pages, they must immediately notify the City Council for the purpose of proceeding to disable the access link to it.
The establishment of any type of link from the Web Portal to another external website does not imply that there is any type of relationship, collaboration or dependence between the City Council and the responsible of the external website.
LINKS IN OTHER WEB PAGES WITH DESTINATION TO THE WEB PORTAL OF THE CITY COUNCIL.
If any User, Entity or Web Site wishes to establish any type of link to the Web Portal, it must abide by the following stipulations:
(1). The link will only be able to be directed to the Main Page or Home of the Web Portal, unless expressly authorized in writing by the City Council.
(2). The page that establishes the link may not state in any way that the City Council has authorized such link, unless the City Council has done so expressly and in writing.
(3). The City Council does not authorize the establishment of a link to the Web Portal from those Web pages that contain materials, information or contents that are illicit, illegal, degrading, obscene, and in general, that contravene public order and/or generally accepted social norms.
The City Council has no power or means to know, control or approve all information, content, products or services provided by other Web sites that have established links to the Web Portal. Therefore, the City Council assumes no responsibility for any aspect related to the Web site that establishes such a link to the Web Portal.
SOCIAL NETWORKS.
The City Council may be present, currently or in the future, in social networks where it deems appropriate to establish a presence. The City Council, as administrator of its own instances in such networks, may decide not to publish and / or delete any content posted on them.
In any case, the User is solely responsible for the content posted on the social networks of the City Council, being fully applicable to social networks the precepts specified in the chapter USE OF THE WEB PORTAL chapter in this document.
COOKIE POLICY.
The Cookies Policy of the Web Portal is determined by the provisions of the current legislation on the subject, following the criteria of the “Guide on the use of cookies” of the Spanish Data Protection Agency (AEPD), available at:
https://www.aepd.es/guias/guia-cookies.pdf
The requirements of its specific regulations must be applied at all times.
PRIVACY POLICY.
The Privacy Policy of the Web Portal is determined by the provisions of its chapter PROTECTION OF PERSONAL DATA AND INFORMATION SECURITY, which shall at all times comply with the requirements of current legislation on the protection of personal data and guarantee of digital rights.
DURATION AND MODIFICATION.
The City Council may modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same form in which this Legal Notice appears or through any type of communication addressed to Users.
The temporal validity of this Legal Notice, therefore, is not established in a specific period of time. Only the content present at a given time, unless expressly stated that it is no longer valid, constitutes the current content of this Legal Notice.
Regardless of the provisions of the particular conditions (if any), the City Council may terminate, suspend or discontinue, at any time and without notice, access to the contents of the Web Portal, without the possibility for the User to demand any reparation.
GENERAL.
In the event of any discrepancy between the provisions of this Legal Notice and the particular conditions of each specific service (if any), the provisions of the latter shall prevail.
In the event that any provision or provisions of this Legal Notice were considered null and void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or unenforceability shall not affect the other provisions of the Legal Notice.
The failure of the City Council to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by you.
APPLICABLE LAW AND JURISDICTION.
The relations established between the City Council and the User shall be governed by the provisions of current Spanish legislation.
The City Council and the User, expressly waiving any other jurisdiction that may correspond to them, will submit any controversy and/or litigation to the knowledge of the Courts and Tribunals of the city of Denia.