1. Legal information and acceptance
These provisions regulate the use of the web service (hereinafter, the "Web") that FUNDACIÓN MOP - THE MOP FOUNDATION, (hereinafter, FUNDACIÓN MOP) makes available to Internet users. FUNDACIÓN MOP has its registered office at Cantón Grande nº 4, 15003 - A Coruña and C.I.F. number G- 10.555.431.
The use of the Website confers the condition of user of the Website (hereinafter, the "User") and implies acceptance of all the conditions included in this Legal Notice. The provision of the Website service is limited to the time at which the User is connected to the Website or to any of the services provided through it. Therefore, the User must read this Legal Notice carefully each time he/she intends to use the Website, as the conditions of use set out in this Legal Notice may be subject to change.
The purpose of these provisions is to regulate the use that Users may make of the exhibition Helmut Newton Fact & Fiction Website currently located at the URL https://www.helmutnewton-coruna.com, without prejudice to the fact that certain services or content within the Website are subject to their own particular conditions, regulations and instructions which, where applicable, replace, complement and/or modify this Legal Notice and which must be accepted by the User before the corresponding service is provided.
Access to and use of the Website is free of charge for Users (except for the cost of connection through the telecommunications network supplied by the access provider contracted by Users) and does not require prior registration by the User in general. However, access to and use of certain information and services offered through the Website may only be made after prior registration of the User.
In the case of User registration by means of identifiers and passwords, both the identifier and the password will belong exclusively to the person to whom they are granted. The User shall be solely responsible for keeping both the identifier and the password in the strictest and absolute confidentiality, assuming, therefore, any damages or consequences of any kind arising from the breach or disclosure of the secret.
4. Intellectual and industrial property
All the contents of the Website, including but not limited to texts, photographs, software, links and other audiovisual or sound content, as well as its graphic design, source codes, navigation structures and other telematic services or products included on the Website (hereinafter, the "Content") are the exclusive property of FUNDACIÓN MOP or third parties, and none of the exploitation rights recognized by current legislation on intellectual property over them may be understood to have been ceded to the user, The User therefore undertakes not to infringe any intellectual or industrial property rights, and the total or partial reproduction, public communication, distribution or any form of exploitation thereof is expressly prohibited, except with the express written consent of FUNDACIÓN MOP. The User undertakes to use this information and services exclusively for their own needs and not to directly or indirectly commercially exploit the services to which they have access or the results obtained through the use of the Website, unless they have obtained express consent from FUNDACIÓN MOP. The User undertakes not to use the facilities and capabilities of the Website to carry out or suggest activities prohibited by law or to attempt to attract Users to other competing services.
The trademarks, trade names or distinctive signs are owned by FUNDACIÓN MOP or third parties, and are protected by current legislation on industrial property, and it may not be understood that access to the Website attributes any rights over the aforementioned trademarks, trade names and/or distinctive signs.
5. General conditions of use
The User undertakes to make correct use of the Website in accordance with the Law and this Legal Notice and shall be liable to FUNDACIÓN MOP or to third parties for any damages that may be caused as a result of non-compliance with this obligation.
FUNDACIÓN MOP reserves the right to block the access of Users who use the Website contrary to the Law or the conditions of this Legal Notice, and may cancel or block, as the case may be, the identifier and password of registered Users.
It is expressly forbidden to use the Website for purposes that are harmful to the property or interests of FUNDACIÓN MOP or third parties or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or computer products and applications (software) of FUNDACIÓN MOP or third parties.
The User undertakes to use the content in accordance with the Law and this Legal Notice, as well as any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 2. By way of example only, the user, in accordance with current legislation, must abstain from:
- Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in cases authorized by law or expressly consented to by FUNDACIÓN MOP or by whoever holds the ownership of the exploitation rights, as the case may be.
- Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply reproduction by the User or a third party.
- Extract and/or reuse all or a substantial part of the Content of the Website and the databases that FUNDACIÓN MOP makes available to Users.
5.3 Data collection forms
Without prejudice to the provisions of clause 7 of this Legal Notice, as well as the privacy policies accessible from the Website and which may be applicable at any given time, the use of certain services or requests addressed to FUNDACIÓN MOP are conditional upon the prior completion of User registration.
All information provided by the User through the forms on the Website for the above or any other purposes must be truthful. To this end, the User guarantees the authenticity of all data provided and will keep the information provided to FUNDACIÓN MOP fully updated so that it corresponds, at all times, to the real situation of the User. In any case, the User shall be solely responsible for any false or inaccurate statements made and for any damage caused to FUNDACIÓN MOP or third parties as a result of the information provided.
5.4 Introduction of links to the Website.
Internet users who wish to introduce links from their own web pages to the Website must comply with the conditions detailed below, without ignorance of these conditions avoiding the responsibilities derived from the Law.
The link may link to any web page with the exception of those that incorporate personal data, databases or other information subject to data protection regulations, but may not reproduce it in any way (online links, copy of texts, graphics, etc.).
It shall be prohibited in any case, in accordance with the applicable legislation in force at any given time, to establish frames of any kind that surround the Website or allow the Contents to be viewed through internet addresses other than those of the Website and, in any case, when they are viewed together with contents outside the Website in such a way that: (i) produces, or may produce, error, confusion or deception in Users as to the true origin of the service or Content; (ii) involves an act of unfair comparison or imitation; (iii) serves to take advantage of the reputation of the brand and prestige of FUNDACIÓN MOP; (iv) in any other way is prohibited by current legislation.
The page that introduces the link may not make any type of false, inaccurate or incorrect statement about FUNDACIÓN MOP, its partners, employees or clients or about the quality of the services it provides.
Under no circumstances shall it be stated on the page where the link is located that FUNDACIÓN MOP has given its consent to the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
The use of any word, graphic or mixed brand or any other distinctive sign of FUNDACIÓN MOP within the web page is prohibited.
6. Exclusion of liability
Access to the Website does not imply any obligation on the part of FUNDACIÓN MOP to check the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it.
FUNDACIÓN MOP accepts no responsibility for decisions taken on the basis of the information provided on the Website or for any damages caused to the user or third parties as a result of actions based solely on information obtained from the Website.
6.2 Quality of service
Access to the Website does not imply any obligation on the part of FUNDACIÓN MOP to control the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, to have adequate tools for the detection and disinfection of harmful computer programmes.
FUNDACIÓN MOP shall not be liable for any damage caused to the computer equipment of Users or third parties during the provision of the Website service.
6.3 Availability of the service
Access to the Website requires services and supplies from third parties, including transport via telecommunications networks whose purpose, quality, continuity and operation is not the responsibility of FUNDACIÓN MOP. Consequently, the services provided through the website may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the website service.
FUNDACIÓN MOP shall not be liable for any damages of any kind caused to the User as a result of faults or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Website service during or prior to the provision of the service.
FUNDACIÓN MOP may make any modifications it deems appropriate to the Website, and may include additional services and content to the current ones or, where appropriate, remove them. FUNDACIÓN MOP may modify the Website whenever it deems appropriate and may block access to all or part of the Users of the Website in order to make any modifications or repairs it deems necessary at any time. Under no circumstances shall FUNDACIÓN MOP be held responsible for the inadequate functioning of the system if this is due to a faulty configuration of the User's equipment or its insufficient capacity to support the computer systems that are essential for making use of the service.
6.4 Content and services linked through the Website
The Website access service includes technical linking devices, directories and even search tools that allow the user to access other Internet pages and portals (hereinafter, "Linked Sites"). In these cases, FUNDACIÓN MOP acts as an intermediary service provider in accordance with article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce (LSSI) and will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the unlawfulness and has not deactivated the link with due diligence.
In the event that the User considers that there is a Linked Site with unlawful, harmful, denigrating, violent, immoral or inappropriate content, he/she may notify FUNDACIÓN MOP of this, without this notification in any case entailing the obligation to remove the corresponding link. Under no circumstances shall the existence of Linked Sites presuppose the existence of agreements with the managers or owners of the same, nor the recommendation, promotion or identification of FUNDACIÓN MOP with the statements, content or services provided.
FUNDACIÓN MOP has no knowledge of the content and services of the Linked Sites and therefore accepts no liability for any damage caused by the unlawfulness, lack of quality, failure to update, unavailability, error or uselessness of the content and/or services of the Linked Sites or for any other damage that is not directly attributable to FUNDACIÓN MOP.
7. Protection of personal data