Legal Notice

Web platform www.atalayar.com

Version 1.0 Date 1 August 2019

 

This Legal Notice regulates the conditions of use and navigation of the Web Platform https://atalayar.com/ (hereinafter, "the Platform").

Access, browsing and use of the Platform implies the condition of user of the same (hereinafter, "the user") and, therefore, the express and unreserved acceptance by the user of all the terms and conditions contained in this Legal Notice, which is why we recommend reading it carefully, so that if you do not agree, as with the Privacy Policy and Cookies Policy to which it is subject, it will be sufficient not to accept it through the means provided for this purpose, which will make it impossible to use the Platform, services and features available through it.

1. GENERAL INFORMATION

In compliance with the provisions of Law 34/2002, of 11 July, on information society services and electronic commerce, the owner of the Platform is NORTE-SUR MEDIA&COMUNICACIÓN S.L. (hereinafter, ATALAYAR or "we"), a national private entity, with Tax Identification Code B86513017 and domiciled at Calle Claudio Coello, 10, 28001 Madrid.

E-mail: [email protected]
-Telephone: +34 91 219 63 84

 

2. WEB PLATFORM: USE, PURPOSE AND APPLICABLE LEGAL REGIME.

The Platform is an additional support and communication mechanism that ATALAYAR places at the disposal of users. It provides access to a multitude of information, services, programmes or data (hereinafter "the content") on the Internet belonging to ATALAYAR or its licensors, to which the USER may have access. The USER assumes responsibility for the use of the Site. This responsibility extends to the registration that may be necessary to access certain services or contents. In such registration, the USER shall be responsible for providing truthful and lawful information. As a consequence of this registration, the USER may be provided with a password for which he/she will be responsible, undertaking to use it diligently and confidentially. The USER undertakes to make appropriate use of the contents and services (such as chat services, discussion forums or news groups) that ATALAYAR offers through its Site and, by way of example but without limitation, not to use them for (i) engaging in activities that are illicit, illegal or contrary to good faith and public order; (ii) disseminating contents or propaganda of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or against human rights; (iii) cause damage to the physical and logical systems of ATALAYAR, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that may cause the aforementioned damage; (iv) attempt to access and, where appropriate, use the e-mail accounts of other users and modify or manipulate their messages. ATALAYAR reserves the right to remove all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that violate youth or childhood, public order or safety or that, in its opinion, are not appropriate for publication. In any case, ATALAYAR will not be responsible for the opinions expressed by users through forums, chats or other participation tools.

With regard to the Platform, it is also subject to Spanish legislation, with Law 34/2002 of 11 July 2002 on information society services and electronic commerce being applicable. Likewise, with regard to the processing of personal data, the same is subject to Spanish data protection regulations. For further information, please consult our privacy and cookies policy.

 

3. ACCEPTANCE OF THE TERMS OF USE.

Access to all the functionalities provided on this Platform implies acceptance of each and every one of these conditions, as well as any others that may be established, modified and/or extended due to present or future needs of the Service. ATALAYAR will be empowered to modify at any time the content of these conditions, as well as the services and functionalities provided through the Platform, it being understood that the publication of such changes and modifications through the present means will be sufficient, without prejudice to the user's possibility of accepting or not accepting such modifications. In the event of non-acceptance, this may prevent the use of the Platform and all or some of the functionalities available through the same.

 

4. CONDITIONS OF ACCESS AND USE.

  • The user undertakes to make appropriate and lawful use of the Platform as well as the content, products and services available from the same, in accordance with applicable law at all times, these conditions, morality and generally accepted good customs and public order.
  • Likewise, the user of the Platform undertakes to the following:
  • Guarantee the authenticity, truthfulness, timeliness and accuracy of all data communicated through the Platform, such user being solely responsible otherwise.
  • Use the Platform exclusively for the purposes and functionalities provided for this purpose by ATALAYAR, the user being prohibited from using the Platform for any other purpose or means.
  • Make legal and legitimate use of the Platform, avoiding unauthorised, fraudulent, illegal or illegitimate use of the same and/or of the contents and information made available through the same, avoiding infringing this Legal Notice and the applicable regulations, and avoiding damaging the legitimate rights and interests of ATALAYAR or of any other third party that may be affected as a consequence of such action.
  • Not to cause damage to the physical or logical systems of the Platform, its suppliers or third parties, or attempt to breach the security or authentication measures of the same, carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure or communications environment related to the Platform and the Service, attacking the same in any way. ATALAYAR may adopt any preventive or corrective measures necessary to protect its interests in order to ensure the correct functioning of the Platform, the Service and its specific functionalities.
  • Not to introduce or disseminate on the network computer viruses or any other physical or logical systems that are likely to cause damage such as viruses, malicious code or other harmful programmes or files.
  • Not to attempt to access, use and/or manipulate the data of ATALAYAR, or under its responsibility, or of third party suppliers and other users.
  • In particular, and by way of example only and without limitation, the user undertakes not to transmit, disseminate or make available to third parties any information, data, content or messages that may constitute an infringement of the rights of ATALAYAR or of third parties.
  • Accessing without authorisation or interacting with a false identity, impersonating or not the identity of third parties or using a profile or carrying out any other action that may cause confusion or mislead as to the correct identification of the user in question.
 

6. INDUSTRIAL AND INTELLECTUAL PROPERTY.

The user acknowledges and accepts that all industrial and intellectual property rights over the contents and/or any other elements contained in the Platform (including, without limitation, brands, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, presentation, audio and video, if introduced), are the exclusive property of ATALAYAR or of third parties who have specifically authorised ATALAYAR for this purpose.

Under no circumstances does accessing or browsing the Platform imply any kind of waiver, transmission, licence or total or partial transfer of said rights, unless expressly established otherwise in writing.

All intellectual and industrial property rights over the contents and/or services of the Platform are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included therein for public or commercial purposes, without the prior, express and written authorisation of their respective owners.

Users who violate these limitations and prohibitions acknowledge that they assume exclusive liability in this respect, leaving ATALAYAR or any other third party that may be affected as a result of the user's actions unharmed.

 

7. EXCLUSION OF GUARANTEES AND LIABILITY.

ATALAYAR does not guarantee the availability and continuity of the operation of the Platform. Likewise, under no circumstances shall it be liable for any damages that may arise from:

  • Interruption in the operation of the Platform or computer failures, breakdowns, disconnections, delays or blockages caused by deficiencies or overloads around the systems or mechanisms that allow its operation.
  • The lack of suitability of the Platform for the specific needs of the users, and
  • Other damage that may be caused by third parties through unauthorised interference beyond the control of ATALAYAR.

The absence of viruses or other elements in the Platform introduced by third parties outside ATALAYAR that may cause alterations in the physical or logical systems of users or in the documents, files and archives stored in their systems is not guaranteed.

ATALAYAR will adopt various measures to protect the Platform and the contents against computer attacks by third parties. However, it does not guarantee that unauthorised third parties cannot gain access to the type of use of the Platform made by the user or the conditions, characteristics and circumstances under which such use is made. Consequently, it shall in no case be liable for any damages that may arise from such unauthorised access.

ATALAYAR reserves the right to suspend without prior notice access to users who, in its opinion, do not comply with the rules of use of the Platform and to take appropriate legal action, without this giving rise to any right to compensation in favour of the user who may be affected by this.

ATALAYAR shall not be liable under any circumstances for the use that users and/or third parties may make of the Platform, nor for any damages that may derive therefrom.

ATALAYAR excludes any liability for damages of any nature that may be due to the use of the services and contents by users, or that may be due to the lack of information, accuracy or lack of truthfulness of the information that they provide within the framework of the Platform and the Service, and in particular, although not exclusively, for damages of any nature that may be due to the impersonation of a third party by a user in any kind of communication or action carried out via the Platform.

 

8. JURISDICTION AND APPLICABLE JURISDICTION.

Any dispute in relation to this Legal Notice shall be submitted to Spanish jurisdiction, and the parties expressly agree to submit to the jurisdiction of the Courts and Tribunals of the City of Madrid, unless the applicable regulations establish the jurisdiction of other Courts and Tribunals for these purposes.

 

9. MODIFICATION OF LEGAL NOTICE.

ATALAYAR reserves the right to modify this Legal Notice in order to adapt it to future legislative, doctrinal or jurisprudential developments that may be applicable, or for technical, operational, commercial, corporate and business reasons, previously and reasonably informing users of the changes that may occur whenever possible. In any case, it is recommended that each time you access this Platform you read this Legal Notice in detail.

In the event of any doubt regarding this Legal Notice, the user may contact ATALAYAR via the following e-mail address: [email protected]

 

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