Conditions of use and acceptance

By using the EI/BSS site, you are acquiring the condition of USER. The use of the site and of any of its products, contents and services, implies the ACCEPTANCE, as the user, without reservation of any kind, of each and all of the terms of use that govern the provision of such a product, content and service.

EI/ SEV informs to the certain contents, services and/or products can be subject to SPECIFIC CONDITIONS, which you would be informed about previously, and which, on a case-by-case basis, could substitute and/or modify the general conditions stipulated hereby. Access and use of the mentioned contents, products and services implies your ACCEPTANCE of such specific conditions as may exist at the time of access and that would be considered incorporated to the general conditions. In the event of there existing contradiction between the terms laid out on the General Conditions and those in the Specific Conditions, the latter will prevail only with respect to those contents, services and/or products subjected to such specific regulation. For example, if you use the Euskoshop online shop, EI/BSS May stipulate certain specific guidelines.

EI/BSS may, at any time and without previous warning, modify the conditions of use that products, contents and services and introduce new conditions. Please review the terms and conditions of use periodically.

EI/BSS provides its contents, products and services on an “as is” basis.

Characteristics of the SITE

EI/BSS provides USERS with access to a wide range of online resources by means of the SITE, which include, (this is not an comprehensive list):

• Information Services.- these are services of the SITE that place at the users' disposal information contents of various kinds. For example, the Virtual Library, a Geographic Databases and Documentary Funds, News, Agenda.


• Services of Interactive Courses and Conferences.- these are services placed at the users' disposal that can be supplied directly by EI/BSS, by its collaborating Foundations (like for example through the EI/BSS ASMOZ Foundation) and/or in collaboration with third parties.


• Electronic Commerce Services.- services placed at the users' disposal that improve the development of online transactions. These services may be provided directly by EI/BSS or by third parties. Among the electronic commerce services, the following are included as examples: EI/BSS Publications, Offers, Heraldry, Genealogy, News.

EI/BSS reserves the right to alter, without previous warning and at any time the presentation and configuration of the SITE, together with contents, products and services. As a user, to recognise and accept that, at any time, EI/BSS may suspend, deactivate and/or eliminate any of the services, products and/or contents that constitute the SITE.

EI/BSS will make every effort to continuously guarantee the availability and accessibility of the SITE. However, changes of addresses, the establishment of new connections, the updating of the SITE could bring about interruptions during the amount of time necessary to carry out such tasks.

Obligations of the USER

• Users are obliged to use the SITE in a diligent and correct manner and are committed not to use the SITE to carry out any activities that are contrary to the Law, accepted mores and/or four illicit or forbidden purposes or purposes that damage the third parties' rights and interests. EI/BSS declines any responsibility that could be derived from such activities.


• Users recognise and accept that use of the SITE is made for private and particular purposes and that it is forbidden to use or incorporate the contents, services and products of the SITE as part of any corporate or moneymaking activity.


• Users are to abstain from altering or manipulating copyright mentions and other identifying data on EI/BSS intellectual and/or industrial property rights or those of the title-bearers of contents incorporated to the SITE, as well as the technical means that may have been put in place for protection purposes.

Exclusion of guarantees

Under no circumstances will EI/BSS award explicit or implicit guarantees on services, products and/or contents of the SITE or on the SITE itself. Thus, EI/BSS does not guarantee, for example (this is not a comprehensive list):

• Availability and continuity at all times and from all places of the functioning of the SITE, of its contents, products and/or services.


• Uninterrupted access and, at all times, of the SITE, of the contents, products and/or services it incorporates.


• The levels of quality, interoperability, quantity and functionality of the products, services and/more contents the SITE incorporates.


• Adequacy, appropriate must for a particular and/or specific purpose of the services, products and/or contents the SITE incorporates.


• Content pertinence, accurateness, comprehensiveness, lawfulness, dependability, up-to-date character and usefulness.


• Absence of viruses or other damaging elements in the contents or services provided through the SITE.


• Unauthorised access and/or alteration of data stored and transmitted through the SITE or the services it offers.

EI/BSS, except if explicitly indicated in the specific conditions, does not intervene in the providing of the products, contents and/or services provided by third parties through the SITE or outside the SITE, nor does it supervise or control the lawfulness, accuracy, adequateness, quality, dependability, authenticity and/or usefulness thereof, and thus does not offer any kind of guarantee thereon.

Responsibility

Users are aware of and voluntarily accept that the use of the SITE, and of the services, contents and products therein, is carried out in all cases under his/her sole responsibility. Thus, except in such cases in which the Law imperatively forbids limiting responsibility, EI/BSS does not assume any responsibility before users or customers with respect to access and use of the SITE or the products, contents and/or services incorporated therein, and compensation for lucrum cessans is excluded in all cases.

EI/BSS is exonerated of responsibility in all cases including, for example (this is not a comprehensive list) for:

• Absence of availability and continuity of the functioning of the SITE, of its contents, products and/or services.


• Interruption, suspension or cancellation of access to the SITE and to the products, services and/or contents it incorporates.


• Non-fulfilment of quality, interoperability, product, service and/or content quantity and functionality levels incorporated in the SITE.


• Lack of adequacy, appropriateness for a particular and/or specific purpose of the services, products and/or contents incorporated in the SITE.


• Lack of content truthfulness, accuracy, comprehensiveness, lawfulness, dependability, updating and usefulness.


• The existence of viruses or other damaging elements in the contents or services provided through the SITE.


• Unauthorised access and/or alteration of data stored and transmitted through the SITE or the services it offers.


• Lack of lawfulness, accuracy, truthfulness, appropriateness, quality, dependability, authenticity and/or usefulness of products, contents and/or services provided by third parties through the SITE or outside the SITE. In particular and as an example, for damages brought about by:

  I. Infraction of intellectual and industrial property rights, of personal rights or rights of any other nature pertaining to third parties in case of transmission, dissemination, availability, reception, access and content, service or product obtainment.
  II. The incidence of unfair competition and illicit publicity
  III. The existence of vices and defects in the products, services and/or contents disseminated and/or placed at the users' disposal through or acceding to the services, products or contents in the SITE.
  IV. Non-fulfilment or defective fulfilment of third-party obligations through or by means of access to SITE services, products or contents.

Users are aware and voluntarily accept that third-party suppliers of products, services and contents who are alien to EI/BSS or the SITE are the sole people exclusively responsible for any damages that could be due from the availability of their products, contents and services.

EI/BSS does not guarantee content, product or service technical availability, quality, accuracy or truthfulness available in third-party sites, which are accesible for users through links placed on this SITE. EI/BSS does not offer such contents, products or services and does not exercise any control thereon nor does it assume any responsibility whatsoever for such contents, products or services.

Intellectual and Industrial Property

• Users recognise and accept that the elements of the SITE and of each of its contents, products and/or services, together with its structure, sequence, organisation, content presentation, data bases, computer programs used in relation therewith, are copyrighted by EI/BSS or third parties.
  
  Thus, unless authorised by EI/BSS or by third-party title-bearers or if legally allowed, users will use the materials, elements and information to which they accede by means of the use of the SITE and of each of the services only for their own needs, under no circumstances commercially exploiting the services, materials, products, elements and information obtained thereby.


• Users will abstain from suppressing signs of identification of intellectual or industrial property rights or any other rights belonging to EI/BSS or to third parties that appear in the SITE.

Procedure for Notification of Infractions

Anybody who considers the contents have been copied and that they are accessible on the SITE, in such a way that they constitute a violation of intellectual property rights or any other rights should get in touch with the EI/BSS service at ei-sev@eusko-ikaskuntza.org, or in the legal address of EI/BSS providing the following information:

• Name, surnames, national identity card number, address, telephone number and email address of the claimant or, if appropriate, of the person authorised to act on his/her behalf and representation.


• Identification of the alleged unlawful activity and, in particular, in cases of alleged violation of industrial or intellectual property rights, a precise and concrete description of the protected contents together with their exact emplacement within the SITE.


• An explicit declaration in the following terms: (a) that the information on the infraction of rights is accurate and truthful and that the claimant is legitimately entitled to the protected rights and (b) that the exploitation carried out is illicit and infringes rights.

Personal data

In order to use or to have access to any of the services, products and/or contents of the SITE, EI/BSS may request of the users that they fill in certain register forms with personal data. Such personal data will be treated by EI/BSS in accordance with the terms detailed in the privacy policy. On filling in and sending the aforementioned forms to the SITE, the user explicit CONSENTS AND AUTHORISES EI/BSS to collect, computerise and pass on, if appropriate, such requested personal data in accordance with the purposes and conditions detailed in the aforementioned privacy policy.

EI/BSS has taken them will take any security technical and organisational steps that are compulsory in accordance with the legislation currently in force. However, users recognise and accept that Internet security measures are not infallible and that any communication sent through this means can be intercepted a modified by unauthorised people and that EI/BSS cannot guarantee full security in the use of the SITE.

Notifications

Except if otherwise stipulated, all necessary notifications in accordance with these general conditions of use or any conditions that are in any way related therewith, will be sent in writing and by conventional mail to the EI/BSS legal address detailed below.

Comprehensiveness

The clauses that integrate these General Conditions of Use constitute the formal and definite expression of the declaration of will of the parties. Any document or declaration that his previous to these General Conditions of Use have been definitely derogated.

Relinquishments

Relinquishment by EI/BSS of any of the rights it may have in case of non-fulfilment of any of the clauses of the current General Conditions of Use should not be interpreted as a relinquishing and of the exercise of such rights against any other non-fulfilment of the same clause or of any other clause.

Duration and Termination

SITE service provision and the supply of services, contents and products provided thereby have an indefinite duration. It's indefinite duration notwithstanding, any juridical relationship will be considered immediately terminated when EI/BSS publishes new General Conditions of Use. Access and use of the site will imply full acceptance of the new conditions and the beginning of a new juridical relationship.

In any case, EI/BSS is authorised to conclude or suspend the provision of SITE service and the supply of any of the contents, products and services therein at any time and unilaterally, with no other reason than its own will in this sense.

Applicable law, language and jurisdiction

These General Conditions of Use are governed by Spanish law currently in force (with the explicit exclusion of conflict norms). Both users and EI/BSS are subjected to the decisions adopted by the Courts and Tribunals of Donostia - San Sebastian, explicitly relinquishing any other rights that could correspond to solve any controversy that could derive from the provision of SITE services, and of the products, contents and services that are in the subject of these General Conditions of Use. Likewise, the version in Spanish will be used in case of doubt, controversy or interpretation of the terms contained in the legal conditions herein.

If the user lives outside Spain, as a user, he or she explicitly relinquishes any right that could correspond to jurisdiction outside Spain and, in the same way as EI/BSS, submits to the decisions of the Courts and Tribunals of Donostia – San Sebastián.