LegalNotice

FUNDACIÓN PRIVADA NOUS CIMS (hereinafter “Nous Cims”) welcomes you to the Nous Cims Website (the “Website”). Nous Cims is a private non-profit foundation with its registered address at Entença 332-334, 08029 Barcelona, Spain, holder of CIF [Tax ID Code] G-66621350. You can contact us by phone at (+34) 934 010 303 or at the e-mail address, hola@nouscims.com

Nous Cims is registered in the Registry of Foundations of the Government of Catalonia (Directorate General of Law and Legal Entities) with registration number 2937.

1.- PURPOSE

Nous Cims, as the Website manager, makes this document available to users, which regulates the use of www.nouscims.com and whereby we seek to comply with the obligations set forth in Spanish Act 34/2002, on Information Society Services and Electronic Commerce (LSSICE or LSSI), and whereby we inform all users of the website about the conditions of use of the same.

Via the website, Nous Cims provides users with access to and the use of various services and content about the Foundation and its activities. Access and use of some of the services may require the user to pre-register as a member of the Website.

Any person who accesses this website assumes the role of user (hereinafter, the “user”), which entails the complete acceptance, without reservation, of each and every one of the provisions included in this legal notice, as well as any other legal provisions that may be applicable.

As a user, you must carefully read this Legal Notice whenever you access the website, because it may be modified, given that the provider reserves the right to modify any type of information that might appear on the website. There is no obligation to issue prior notice of such modifications, publication of which on the provider’s website is sufficient.

The last update to this legal notice was on 4 December 2019.

2.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE

2.1. Free access and use of the website

Access and use of the public part of the Website is free-of-charge for all users and they are not required to sign up or register in any way in order to view it. However, the User may be required to register for the presentation of certain services by the Foundation, under the terms described below, subject to accepting certain specific conditions that are developed within and complement this Legal Notice.

2.2. User Registration

In general, Users are not required to sign up or register for the provision of the Services. However, Nous Cims does require Users to complete the corresponding User registration before using some of the services. This registration will be carried out in the manner expressly indicated in the specific section of the service.

2.3. Truthfulness of the information

All of the information provided by the User must be true. Therefore, the User guarantees the authenticity of the communicated data by means of the forms used to sign up for Services. The User will be liable for keeping all information provided to Nous Cims permanently updated, in such a way that the information reflects the User’s real situation at any given time. In any event, the User will be solely liable for any false or inaccurate statements they make and for any damages that they may cause to the provider or third parties.

2.4. Minors

For minors to use the services, they must always obtain the prior consent of their parents, guardians or legal representatives, who are liable for all acts carried out by the minors under their care. Parents, guardians or legal representatives are responsible for determining the specific content to which the minors have access, which is why, to prevent them from accessing inappropriate content through the Internet, mechanisms must be set up on their computers, such as software programmes, filters and blocks in particular, that can restrict the available content and, while these mechanisms are not infallible, they are especially useful for controlling and restricting the materials to which the minors can have access.

2.5. Obligation to use the website correctly

The User undertakes to use the Website in accordance with the law and this Legal Notice, as well as in accordance with morality and good customs. Therefore, the User will abstain from using the website for illegal or prohibited purposes or for purposes that could harm the rights and interests of third parties, and will abstain from using it in any way that could harm, render useless, overload, damage or prevent the normal use of computer equipment or documents, files, or any kind of content stored on any of the provider’s hardware.

In particular, this includes, but is not limited to, the User undertaking to not transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software or, in general, any kind of information that:

(a)          could be against, disregard or attack the fundamental rights and public freedoms that are recognized in the constitution, in international treaties, or in other laws in force;

(b)          may induce, incite or promote actions that are illegal, insulting, defamatory, violent or, in general, against the law, contrary to morals or undermine public order;

(c)          may induce, incite or promote actions, attitudes or thinking that is discriminatory in terms of sex, race, religion, beliefs, age or condition;

(d)          may violate the right to honour, to personal or family privacy or to a person’s own image;

(d)          may in any way prejudice the credibility of the provider or of third parties; and

(f)           may constitute illegal, misleading or disloyal advertising.

3.- EXCLUSION OF GUARANTEES AND LIABILITY

Nous Cims may not be held liable for any information published on its website, whenever said information may have been manipulated or introduced by an unrelated third-party.

This website has been reviewed and tested to ensure that it works correctly. In principle, correct operation 365 days a year and 24 hours a day can be guaranteed. However, Nous Cims does not rule out that there could be certain programming errors or that there could be events of force majeure, natural catastrophes, strikes or similar circumstances that might make it impossible to access the website.

Nous Cims does not give any guarantee and may not be held liable, in any event, for damages of any kind that may arise due to a lack of availability, the maintenance or effective operation of the website or of the services and content thereof; due to the existence of any virus, malware, or harmful programs in the content; due to illegal, negligent or fraudulent use, or any use that may be contrary to this Legal Notice and the conditions of use; or due to a lack of legality, quality, reliability, utility or availability of the services provided by third parties, and similar items made available to users on the website.

The provider may not be held liable, for any reason, for the damages that could originate from the illegal or improper use of this website.

4.- COOKIES

The provider’s website uses cookies (small data files that the server sends to the computer of whoever accesses the site) in order to perform certain functions that are considered essential for the correct operation and viewing of the site. In any event, the cookies used are temporary in nature, and their sole purpose is to make browsing more efficient. They disappear when the user’s session ends.

In no event will the cookies be used to collect personal information. For more information, view our Cookies Policy.

5.- LINKS

It is possible that, from the website, you might be directed to the content of third-party websites. Given that we cannot always control the content introduced by third parties, Nous Cims does not assume any liability regarding such content. In any event, the provider states that it will immediately remove any content that could violate national or international legislation, morality or public order, immediately removing the re-direction to such websites and informing the competent authorities about the content concerned.

Nous Cims is not liable for stored information and content, including but not limited to that which is stored on forums, chats, blog generators, comments, social networks or any other media that allows third parties to publish content independently on the Foundation’s website. However, and in compliance with the provisions set forth in Articles 11 and 16 of the LSSICE, Nous Cims places itself at the disposal of all users, authorities and security forces, therefore actively collaborating in the removal or, when necessary, the blocking of any content that could affect or violate national or international legislation, third-party rights, morality or public order. If a user deems that any content may exist that could be classified as such, they are hereby requested to immediately notify the administrator of the website.

 6.- PERSONAL DATA PROTECTION

The provider is deeply committed to complying with the personal data protection legislation, and it guarantees full compliance with the established obligations, as well as the implementation of the security measures provided for in the European Data Protection Regulation and Spanish data protection legislation. For more information, view our Privacy Policy.

7.- INTELLECTUAL AND INDUSTRIAL PROPERTY

The website, including but not limited to the programming, editing, compilation and other elements that are necessary for its operation, in addition to all designs, logotypes, texts, photographs and/or graphics, are the property of Nous Cims or, where necessary, the latter holds a license from or has the express authorization of the authors. All of the website content is duly protected by intellectual and industrial property legislation.

Any complete or partial reproduction, use, distribution or public communication requires the prior written authorization of the provider, regardless of the purpose thereof. Any use that is not previously authorized by the Foundation will be deemed a serious breach of the author’s intellectual or industrial property rights.

All designs, logos, texts and/or graphics that may be unrelated to the provider and that might appear on the website belong to the respective owners thereof, who are liable for any dispute that could arise regarding the same. In any event, the provider holds the express, prior authorization of the same.

The provider recognizes the corresponding industrial and intellectual property rights of the owners, and no mention or appearance on the website of any rights or liability of the provider over the same is implied, or any endorsement, sponsorship or recommendation by the same.

You may make any observation regarding possible breaches of intellectual or industrial property rights, or regarding the content of the website, using the aforementioned e-mail address.

8.- APPLICABLE LAW AND JURISDICTION

To resolve any dispute or matter related to this website or the activities developed on the same, Spanish legislation will be applicable, to which the parties expressly submit. The Courts and Tribunals of Barcelona will hold jurisdiction for resolving any disputes derived from or related to the use thereof.