1. Introduction and company data
The following text sets out the Legal Disclaimer and Website Terms & Conditions of Use which regulate the access, navigation and use of this website, property of ASSOCIACIÓ JOAN MANÉN (hereinafter “AJM” or “service provider”), a non-profit making institution having its business address in INDÚSTRIA 140 5è 2ª 08025 BARCELONA with CIF G65444846 registred in “Registre d’Associacions de la Generalitat de Catalunya” with the nr. 44368.
2. General Conditions of Use
The use of the services accessed through the Website www.elsteusclassics.com is subject to these General Conditions.
3. General Conditions and acceptance
This Legal Disclaimer & Website Terms & Conditions of Use (hereinafter, the "General Conditions") regulates access to and use of the Website as well as the different Social Network profiles property of AJM, including the contents, understood as texts, graphics, drawings, designs, codes, software, photographs, music, videos, audio files, databases, images, expressions and information, as well as any other creation protected by national law and international treaty governing intellectual and industrial property, (hereinafter, "the Contents") and the Services (hereinafter, "the Services") that AJM makes available to users of the Website and Social Networks.
Access to the Contents and/or use of the Services attributes the condition of user (hereinafter, "the User") and means you accept, and agree to abide by the most recent version of these General Conditions published by AJM on the Website when the User accesses them. As such, if you do not agree with any of these General Conditions, please refrain from accessing and/or using the Services and/or Content provided therein by AJM.
These General Conditions do not exclude the possibility that certain Services, Content and/or tools offered via the Website and Social Networks, may be subject to specific conditions, in which case, said conditions will be made available to the User.
These General Conditions regulate access to the Contents and all the Services offered by AJM via its Website and Social Network profiles which are the property of AJM, via which a series of types of contents and information is made available to Users, generally referring to the products and services marketed by AJM. However, AJM reserves the right to modify the presentation, configuration and content of the Website and corresponding Social Network profiles, the Services, as well as the conditions required for their access and/or use. By accessing and using the Contents and Services after changes to conditions regulating access to and use of the Services and Content implies that you accept these terms.
5. Conditions concerning access to and use of Services
Access to the Contents and the use of the Services provided by AJM via the Website and its Social Networks is generally free of charge for Users.
5.2. Obligation to make correct use of the Website, Services and Content
The User agrees to use the Website and Services and to access the Contents, in accordance with the law, these General Conditions, the Particular Conditions of certain Services, and any other notices, regulations of use and instructions made available to them.
To this end, the User will refrain from using any of the Services for illegal purposes or purposes prohibited under these General Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the Services, computer equipment, documents, files or any other kind of content stored on any computer systems property of AJM, other Users or any Internet user.
In particular, and including but not restricted to, the User undertakes not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, audio and/or image files, photographs, recordings, software and, in general, any kind of material which:
5.2.1 is in any way harmful to, undermines or breaches the fundamental rights and public freedoms safeguarded under the constitution, international treaties and any other legislation;
5.2.2 incites, promotes, or encourages criminal, slanderous, defamatory, dishonourable, violent or, in general, behaviour which is contrary to the law, generally accepted morals and good customs, or public order;
5.2.3 incites, promotes, or encourages discriminatory actions, attitudes or thoughts on the grounds of gender, race, religion, belief, age or condition;
5.2.4 incorporates, makes available or allows access to products, elements, messages and/or services which are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, generally accepted morals and good practices, or to public order;
5.2.5 provokes or which might provoke an unacceptable state of anxiety or fear;
5.2.6 provokes or incites others to engage in practices which are dangerous, risky or harmful for the health or mental stability;
5.2.7 is false, ambiguous, inaccurate, exaggerated or unreasonable, in a way that induces or may be misleading in its purpose or intentions or purposes of the communicating party;
5.2.8 is protected by any intellectual or industrial property rights property of a third party, without the User having obtained prior authorization from its titleholders for such use;
5.2.9 violates corporate secrets of third parties;
5.2.10 is contrary to the right to honour, to personal and family privacy or to the person's own image;
5.2.11 in any way undermines the good name of AJM or of third parties;
5.2.12 violates regulations governing the confidentiality of communications;
5.2.13 constitutes, where appropriate, illicit, misleading or unfair advertising and, in general, constitutes unfair trade practices;
5.2.14 contains viruses or other physical or electronic components which may damage or hamper the normal functioning of the network, the system, or AJM’s computer equipment or that of a third party or which may damage electronic documents and files stored on the aforementioned computer systems;
5.2.15 because of its nature (such as file format, extension, etc.), may provoke difficulties in the normal operation of the Service.
6.1. Links to third party webpages
In the event that the Website or Social Media profiles property of AJM, should display links to other websites or Social Network profiles of third parties, accessible via buttons, links, banners or embedded content, AJM hereby informs the User that these links are directly managed by third parties and AJM does not have the human or technical resources to know in advance and/or control and/or approve all the information, contents, products or services provided by third parties to which links can be established by AJM.
As such, AJM cannot be held liable for any aspect related to the platform, website, or Social Network to which a link might be established from the Website or Social Network profiles property of AJM, specifically, and including but not restricted to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or, in general, any of the content offered therein.
In this sense, if Users become aware that the activities being carried out via these third-party webpages or profiles are illegal or in breach of moral standards and/or public order, they should immediately notify AJM using the contact or e-mail address provided in these General Conditions in order to disable the access link to these webpages or profiles, which will be carried out as quickly as possible.
6.2. Links to the service provider’s channel on third party platforms and social networks
AJM provides Users with the means to access its channels and webpages which it maintains on other platforms via the tools, applications, and links and, where appropriate, social networks owned and/or managed by third parties (i.e. Facebook, Twitter, etc.). These links are included on the Website for the sole purpose of facilitating User access to these channels on other platforms and, where appropriate, social networks.
Making these app AJM lications available does not imply the existence of any relationship between AJM and the owner, manufacturer or distributor of the linked platform, nor does it imply AJM’s acceptance or approval of their contents and/or services. The sole party liable for these applications is their owner, manufacturer or distributor.
The activation and use of these applications may entail User identification and authentication (login/password) to access the corresponding platforms, completely external to the Website and beyond the control of AJM. When accessing these external networks, the User understands they are no longer navigating in an environment controlled by AJM, and as such, the company shall not assume any responsibility for the security configuration of these environments.
Since AJM has no control over the content hosted on these channels, the User acknowledges and agrees that AJM assumes no responsibility for the content or the Services that the User may access via those pages, or for any content, products, services, advertising, or any other material available therein. For this reason, the User must exercise caution when assessing and using the information, content and services available from these linked channels, and with regard to the User’s own or third-party information which they decide to share with the said channels.
6.3. Enlaces en otras páginas web con destino al sitio web
AJM does not have the power, nor the human or technical resources to know, control or approve all the information, contents, products or services provided by other webpages as well as on Social Networks that have established links to the Website or, as the case may be, Social Network profiles managed by AJM. Therefore, AJM does not assume any responsibility for any aspect related to the website or Social Network which establishes this link to the Website or AJM profile on any Social Networks, specifically including, but not restricted 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.
AJM does not authorize establishing a link to the Website or its Social Network profiles from third-party pages or profiles which contain illegal, degrading, or obscene materials, information or content or, in general, which contravene any law, or breach moral standards and/or public order, or generally accepted social norms.
In any case, Users may establish links on their respective webpages or Social Network profiles that redirect to AJM, provided they comply with the following conditions: a) the link may not reproduce in any way the content of the Website or parts thereof; b) the User cannot create a browser on the sections of the Website, or in any other way modify the Website or the Contents and/or Services published therein or on AJM Social Network profiles; c) Users are prohibited from making false, inaccurate, or incorrect statements or indications about the Website or the profiles which AJM may manage on Social Networks and/or, in particular, to declare or imply that AJM has authorized the link or that it has supervised or assumed in any way the contents or services offered or made available on the website or profile on the corresponding Social Network in which said link is established; d) the Webpage or profile in which the link to the Website is established or, where appropriate, AJM Social Network profiles, shall not contain illegal information or content, which violates moral standards and generally accepted good customs and public order, nor shall it contain contents. Which breach any rights of third parties, including intellectual and industrial property rights and/or the right to honour, to personal or family privacy or to one's own image or any other right, or contents contrary to the regulatory norms regulating personal data protection, e) the owner of the webpage or Social Network profile in which the link to the Website is established or, where appropriate, the corresponding profiles on AJM’s Social Networks, may not profit neither directly nor indirectly from the inclusion of links to the Website or Social Network.
7. Liability for damages
The User is liable for breaching any of the obligations to which they are subject by virtue of these General Conditions or the applicable law in relation to the use of the Services and access to the Contents.
8. Disclaimer of guarantees and liabilities
8.1. Disclaimer of guarantees and liability for the performance of Website and Services
8.1.1. Availability and continuity
AJM does not guarantee the availability and performance continuity of the Website, the Social Networks or the Services. Whenever reasonably possible, AJM will issue prior warning of interruptions to the performance of the Website, and when appropriate, its Social Network profiles and Services. Moreover, AJM does not guarantee the usefulness of the Website and the Services for performing any specific activity, nor their infallibility and, in particular, including, but not restricted to, Users being effectively able to use the Website and Services, access the webpages included on the Website or those from which the Services are provided.
9. Liability and guarantees
AJM cannot guarantee the reliability, usefulness or veracity of all the information and/or Services on the Website or its Social Network profiles as well as the content which Users may publish therein or of the utility or veracity of the documentation made available via said channels.
Consequently, AJM does not guarantee nor is it responsible for: (i) the continuity of the contents made available to Users; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful elements on the Website, Social Networks or the server from where said content is supplied from; (iv) the invulnerability of the Website and Social Networks and/or the impossibility of breaching security measures implemented therein; (v) the lack of usefulness or performance of the contents of the Website or Social Networks; and (vi) the damage caused by any person who breaches the conditions, rules, and instructions established by the service provider for the Website, either to themselves or to a third party or as a result of any security breaches to the Website or Social networks by any person.
Nevertheless, AJM declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Website and the Contents and Services offered via the Website, and where appropriate, to minimize system errors, both from the technical point of view as well as regarding the contents published by AJM on the corresponding Social Networks.
AJM does not guarantee the legality, reliability and usefulness of the contents provided by third parties via the Website or the corresponding Social Network profiles managed thereby. If the User were to become aware of the existence of any content that may be illicit, illegal, unlawful, or which may involve a violation of rights of third parties, they must notify V immediately, at the email address email@example.com so that it can proceed to take the appropriate measures.
AJM will not be responsible for the veracity, integrity or updating of the information published on the Website by sources other than itself or, as the case may be, on its Social Network profiles, as well as those contained on other platforms or Social Networks which are linked from the Website. The service provider shall not be liable for hypothetical damages that may arise from the use of the aforementioned information.
10. Intellectual and industrial property rights
The Website and the different elements integrated therein, as well as, where appropriate, the Social Network profiles managed by AJM, such as databases, computer applications, distinguishing signs, logos, photographs, fragments of audiovisual works, graphic designs or any other, are subject to intellectual and industrial property rights of which AJM is the exclusive outright or transferee owner. These General Conditions do not imply the transfer or transmission to the User of any intellectual or industrial property rights to the Website, nor over the corresponding profiles in AJM 's Social Networks, nor to any of its component elements. The User is expressly forbidden from reproducing, distributing, transforming, communicating publicly, making available, extracting, reusing, resubmitting or exploiting by any means or procedure the Website or the Contents and/or Services property of AJM, except in the cases in which the User is legally permitted to do so or upon obtaining express and written authorization from AJM.
The User may view the Content available via the Website or, where appropriate, on their Social Network profiles for their exclusive personal and private use on their own computer systems, provided that it is not for the purpose of developing commercial or professional activities. The User must refrain from circumventing or attempting to circumvent any technological measures adopted by AJM to restrict the commission of any acts which have not been authorized by AJM or third-party holders of rights to protected works or services accessible via the Website or their Social Network profiles. The User must respect at all times all intellectual and industrial property rights in relation to the Website and, where appropriate, to the corresponding Social Network profiles, whether property of AJM or of any third parties.
11.1. Information regarding entity responsible for processing data
Name: ASSOCIACIÓ JOAN MANÉN (“AJM”)
Address: INDÚSTRIA 140 5È 2A 08025 BARCELONA
Spanish Tax Identification Code Number: G65444846
Channel and means for contacting Data Protection Delegate: to contact the AJM Data Protection Delegate, the User can contact the address indicated in this section or by email at firstname.lastname@example.org, using the reference (Ref: Data Protection) in the message subject line.
11.2. Information and consent for the processing of personal data on the Website
Generally, people who use the Website do so without having to provide any personal data. However, in certain cases Users are required to provide specific personal data to access the Services. AJM guarantees the confidentiality of personal data provided by Users, pursuant to the Personal Data Protection regulations.
In this regard, users are informed that the data they send to AJM will be included in a file, property of AJM, in order to respond to User queries and requests and, if Users have given their consent, to send commercial information by telematic media regarding AJM contents and products, as well as third-party sponsors and/or collaborators.
If you have expressly consented to the sending of commercial communications, AJM informs the User that they will be able to unsubscribe from these communications, following the instructions which appear in the footer of all our emails.
11.3. Information and consent for processing of personal data derived from the use of Social Networks
If the User registers on the AJM websites and mobile devices using their ID for Facebook, Twitter, or any other Social Network, provided that AJM makes said option available to Users, the User therefore grants their explicit consent for the processing of their personal data. If the User does not agree with these terms, they must refrain from registering on the AJM websites and mobile phones using their IDs for Facebook, Twitter, or any other Social Networks.
However, the collection and use of information that Facebook, Twitter and other third parties collect about the User is governed by their corresponding privacy policies.
Furthermore, the User must take into account that any information published or disseminated via Social Network profiles managed AJM will become public information and will be available to individuals visiting these sites and the general public. This means that the Users of the Sites and, if applicable, AJM Social Media located in any country in the world and with a universal nature, may access your information. In this regard, Users are urged to exercise the utmost care and diligence when disclosing personal information or any other information on these Sites.
In addition, User data shared with and/or published on Social Networks managed by AJM shall be processed for the following purposes (i) to allow access and navigation to the Contents and Services offered by AJM via said Social Networks (ii) allow participation in forums and opinion polls (iii) allow and manage User participation in competitions, promotions, programs, series, draws or any other initiative carried out by AJM, either by itself or in collaboration with third parties, to manage the promotion of winners, as well as the awarding of possible prizes (iv) to allow the sending of information or commercial communications related to series, programs, contests, competitions, activities or services related to AJM (v) to moderate the use which the User makes of the Sites, Applications and Social Networks property of AJM (vi) as well as to report any misuse, where appropriate, or to process complaints that may be received from third parties.
For the abovementioned purposes, your personal data, including the contents you publish, as well as, where appropriate, your image and/or voice, may be communicated to: (i) Tax Authorities, Controlling Bodies in matters of data protection (e.g.: the Spanish Data Protection Agency), the State Security Forces, Judges and Courts, if required or if necessary (ii) in case the initiative, contest, promotion, etc., for which data is collected, is associated with a specific program, initiative, contest, series, etc., to the television networks, or in general, to providers of audiovisual communication services such as the companies which broadcast the program, initiative, contest, series, etc.
11.4. Security measures
AJM informs you that it has implemented the necessary technical and organizational security measures to ensure the security of your personal data and prevent alteration, loss and processing and/or unauthorized access thereto, given the status of technology, the nature of stored data and the risks to which they are exposed, whether said risks are from human action or from the physical or natural environment. AJM performs ongoing maintenance, supervision, control and evaluation of the processes to ensure data privacy.
11.5. Data retention and preservation period
Website User data shall be preserved by AJM, while Users are registered and once they have unsubscribed from services, in order to address possible liability arising from the processing thereof, until the prescription period of said data, at which time, Website title holders shall proceed to the deletion of said data.
The information provided to AJM, via profiles on Social Networks, the data, images and any contents that could be published therein, shall be preserved on said AJM profiles as long as the User does not request their withdrawal or elimination using the tools available for such purpose from each Social Networking site.
Any personal data the User may have provided for contests, promotions, programs, series, draws, or any other initiative carried out by AJM, as well as for the delivery of possible prizes, shall also be preserved until the prescription period for addressing any possible liability or responsibility arising from the processing thereof, at which time, AJM shall proceed to the deletion of said data.
However, if the User, by virtue of their participation, has assigned the corresponding exploitation rights to AJM, we hereby inform you that in relation to the intellectual property rights, as established in Royal Legislative Decree 1/1996, dated April 12, which approves the revised text of the Intellectual Property Law:
11.5.1 The general term covering exploitation rights of the work is that of the author’s lifetime plus seventy years after their death.
11.5.2 The exploitation rights of collaborative works, including cinematographic and audiovisual works, shall last for the lifetime of the co-authors plus seventy years from the death or certification of death of the last surviving co-author.
11.5.3 The term of the exploitation rights granted to producers of the first fixation of an audiovisual recording shall be fifty years, with effect from January 1 of the year following its execution. However, if, within said period, the recording is lawfully disclosed, said rights will expire fifty years after disclosure, with effect from January 1 of the year following the date on which said disclosure occurs.
11.5.4 The term of exploitation rights granted to the authors of photographs lasts for twenty-five years with effect from January 1 of the year following the date the photograph or reproduction is produced.
11.5.5 In the case of musical compositions with lyrics, exploitation rights shall last the entire life of the author of the lyrics and of the composer of the musical composition plus seventy years from the death or declaration of death of the last survivor, provided that their contributions were created specifically for the respective musical composition with lyrics.
Therefore, in the event that the User has granted the rights to exploit works or content subject to intellectual property rights, AJM is entitled to conserve information relative to the User which enables them to demonstrate that it is the legitimate transferee of the exploitation rights over said works or contents, as long as they do not become part of the public domain, by virtue of the terms or duration previously established or any others established by Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law.
11.6. Exercise of rights of access, rectification, opposition, deletion, limitation of treatment and, where appropriate, portability
Users may contact AJM, in order to exercise their rights of access, rectification, opposition, deletion, limitation of processing and, where appropriate, portability with respect to the data included in their files.
To do so, please send written communication with the reference (Ref. Data Protection) in which the corresponding request is made to the following address: ASSOCIACIÓ JOAN MANÉN c/ Indústria 140 5e 2a 08025 Barcelona. Or, send the same documentation by e-mail to the address: email@example.com
11.7. Data veracity, accuracy and updating
The data provided by the User must be true, accurate, complete and updated. In case of any modification and/or changes to any of the existing data in our database, in particular, that relating to the contact persons, we kindly request you inform us of this situation in order to implement the necessary update.
12. Applicable legislation and jurisdiction
The relationship established between the User and AJM shall be governed by Spanish law. However, for those cases in which the regulations provide for the possibility for the parties to submit to a jurisdiction, the User and AJM expressly waive any other jurisdiction that may apply, hereby agreeing to submit any disputes and/or litigation to the Courts of the city of Barcelona.