Owner organisation of the website
This legal disclaimer and information (hereinafter “Legal Disclaimer”) governs the use of the service of the Internet Portal "www.kutxateka.com" (hereinafter "Portal"), which is made available to Internet users by the Kutxa Fundazioa, with Tax Identification No. G-20368593 and with registered office in Donostia-San Sebastián, at C/ Garibai 22.
Registration details of the organisation:
Registered with the Commercial Register of Foundations of the Basque Autonomous Community, Page 10, registration no. 172, of 17 September 1991.
Conditions for using the Portal
The browsing and consultation of the Portal pages as well as of the Services offered implies acceptance of the general conditions described below.
The User undertakes to use the Portal and its Services in accordance with the law and the present Legal Disclaimer.
To this end, the User shall refrain from using any of the Services for unlawful aims or purposes prohibited in this Legal Disclaimer, or which are detrimental to the rights and interests of third parties, or which in any way may damage, overload, harm or prevent the routine use of the Services, computing equipment, documents, files or any kind of content stored in any computing equipment of Kutxa Fundazioa, or of any Internet user.
Any minors wishing to use the Services must obtain, in advance, the permission of their parents, guardians or legal representatives, who shall be regarded as responsible for the actions carried out by the minors for whom they are responsible.
Without any need to give any prior warning, and at any moment, Kutxa Fundazioa may suspend or withdraw the rendering of the Services from any Users who fail to abide by the terms of this Legal Disclaimer.
Intellectual and Industrial Property
The content of the Portal's web pages (including the images, texts, brands, commercial names, logos and other audiovisual content without limit) constitutes, unless indicated otherwise, the intellectual property of Kutxa Fundazioa, or of third parties.
Kutxa Fundazioa is the holder of all the industrial and intellectual property rights over these web pages, and access to them or their use by users may, under no circumstances, be construed as the granting of any licence for use, or right over any element, the ownership or proprietorship of which corresponds to Kutxa Fundazioa.
All the images in .jpg format hosted on the Portal and belonging to Kutxateka are the property of Kutxa Fundazioa, which makes them available to users in free-of-charge download mode so that they can make use of them only and exclusively under the “BY-NC-ND-3.0-ES 2013" Creative Commons licence for use. In this case, in order to reproduce the image, the user is required to indicate at the bottom of the photo at least the conditions of the BY-NC-ND-3.0-ES 2013 creative commons licence, in addition to stating the origin and authorship in the following terms: "CC BY-NC-ND-3.0-ES 2013 / KUTXATEKA / (Collection to which the photograph belongs) / (Author of the photograph)”.
For the exceptional case of top quality images downloaded for a fee, the licence granted includes the dissemination of the images for a single use and a single edition, in accordance with the licence limitations, purposes and characteristics of the edition expressed in the corresponding authorization document. The authorization granted may under no circumstances be construed as a transfer of rights. For any new use or re-edition, it will be necessary to apply, in advance and giving sufficient notice, for the corresponding express authorization from Kutxateka, and, if necessary, to renegotiate the conditions.
Kutxa Fundazioa reserves the right to inspect prior to publishing.
Exclusion of Guarantees
Kutxa Fundazioa reserves the right to update and modify the information contained in the Portal at any time, and to restrict or prevent access to it temporarily or permanently whenever it deems such a move to be appropriate. The information contained on the web page is in force as of the date of its most recent updating, and it could be that it is not updated on the date when the user consults it, and will be of a merely informative nature.
Kutxa Fundazioa does not guarantee the privacy and security of the use of the Portal and the Services and, in particular, does not guarantee that unauthorized third parties cannot gain knowledge about the nature, conditions, characteristics and circumstances of the use that Users make of the Portal and of its Services.
Kutxa Fundazioa does not guarantee the legality, reliability, utility, veracity, accuracy, or exhaustive and up-to-date nature of the Content or Services.
Kutxa Fundazioa neither controls nor guarantees the absence of viruses or other elements in the services rendered by third parties through the Portal and which could lead to alterations in the users’ computing systems or in the electronic documents and files stored in them.
The Portal makes available to Users technical linking devices such as links, banners, buttons, directories and search tools that allow Users to access web sites belonging to and/or managed by third parties (hereinafter “Linked Sites”). The only purpose of installing these links in the Portal is to assist the Users in the search and access of information, content and services available over the Internet, and under no circumstances does this imply any suggestion, invitation or recommendation about contracting them.
The results of search tools are provided directly by third parties, which means that Kutxa Fundazioa cannot control the results.
Kutxa Fundazioa declines any liability that could arise as a result of the exchange of information between users through its web pages. Liability for the manifestations spread on the Kutxa Fundazioa’s web pages corresponds to those who make them.
The users of Kutxa Fundazioa’s web pages are required to uphold the laws and traffic uses while using them, and shall be required to answer to Kutxa Fundazioa or any third parties for any damage that could be inflicted on them as a result of failing to meet this obligation.
Requirements for contracting online
The website transactions, including downloading works as a result of obtaining them in return for a fee, will be made in accordance with the prices indicated when the purchase is made and the payment is authorized. Kutxa Fundazioa reserves the right at any moment to modify the said prices without prior notice, and the prices available at each moment are the ones that are applicable.
Online purchases must be made through payment cards, credit or debit cards. In these cases, you guarantee that you are the card holder and that the billing information provided is accurate. You authorize Kutxa Fundazioa to charge the full amount of the purchase, including sales tax or similar taxes.
The contract conditions for purchasing works, authorization to use the intellectual property of the works, as well as the conditions of use of your personal details, are made available to the purchaser when the purchase takes place and must be accepted before the purchase is validated. A confirmation of the purchase made and a copy of the conditions accepted will be sent to the email address supplied by the purchaser, and the e-document resulting from the contracting of the product or service shall be stored and be made available for consultation purposes.
The purchase of works online will require the following from the purchaser:
- To be registered in advance as a user via the www.kutxateka.com web page, to input his or her personal details, and to accept the conditions of use of his or her personal details
- To follow the steps indicated when the contracting is done
- To read, and accept in advance the contracting conditions and the legal disclaimers established, by marking the corresponding box
Once the purchase has been made, the User may download the works requested from the web page. The downloading of the works implies, in any case, the waiving of the right to be refunded the amount paid for them.
The contracting of products and services may be made in different languages depending on the availability of them in each of the web platforms, Spanish being the most common in all of them.
Protection of personal details
To use some of the web Services, Users must provide Kutxa Fundazioa with certain details of a personal nature (hereinafter "Personal Details") in advance. Kutxa Fundazioa will process the Personal Details for the purposes and under the conditions specified in its Data Protection Policy.
Any information that the User provides through the Services must be true. The User guarantees the authenticity of all the details he or she communicates as a result of the completing of the forms that are needed for registering users and for the making of purchases. The User shall be responsible for keeping all the information made available to Kutxa Fundazioa constantly updated.
The details of a personal nature may be altered at any time in the section “My account details” (“Mi información de cuenta”).
Browsing and security
The cookies that are used in the Portal’s web sites and pages may be served by Kutxa Fundazioa, in which case they are served from the different servers operated by the cookies, or from the servers of specific third parties that may render their services to us and serve the cookies on Kutxa Fundazioa’s behalf. As long as the option preventing cookies being installed onto the user’s hard disc has not been activated, the User will be able to explore his or her hard disc with the help of his or her operating system.
Kutxa Fundazioa has adopted the legally required levels of security to protect personal details, and endeavours to install additional means and technical measures for extra protection purposes. Nevertheless, the User should be aware that security measures in the Internet are not impregnable.
This Legal Disclaimer is governed in all of its points by Spanish Law.