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LEGAL CONDITIONS. DOMAIN ACCESS, USAGE POLICIES AND OPENED INFORMATION
This legal information regulates the use of the internet web page service www.porttarragona.cat (here after referred to as the "Domain") that the PORT AUTHORITY OF TARRAGONA (here after referred to as APT) puts at the disposal of internet users.
A) IDENTIFYING INFORMATION ON THE DOMAIN OWNER
Where are we?
The owner of the domain www.porttarragona.cat is the Port Authority of Tarragona, residing at Paseo de la Escullera s/n, 43004 TARRAGONA, with company number (CIF) Q-4367131-B. The APT is the public organisation responsible for the management of the Port of Tarragona, holding a state title and dependant on the Ministry of Promotion. It is governed by Royal Legislative Decree 2/2011 of 5 September, approving the revised text of the Law on State Ports and Merchant Marine.
AUTORITAT PORTUÀRIA DE TARRAGONA
Passeig de l'Escullera s/n, 43004 Tarragona
Tel: 977 259 400
Fax: 977 225 499
B) AIM OF THE DOMAIN
The domain of the Port of Tarragona is an initiative of the APT which constitutes a promotional tool for the Port which contains information regarding its business, industrial, social and cultural activities on the INTERNET.
It is designed as much for the general public as for the network of companies that use the port, including information services, commerce and companies associated with the transport of merchandise and other useful functions that are easily accessible.
Through access to the Domain, users can enjoy the varied content and services that are offered by the APT or, in some cases, by third parties under agreed conditions.
C) GENERAL CONDITIONS OF USE OF THE DOMAIN
The terms and conditions that are detailed below control access and use of the Domain www.porttarragona.cat.
Under the term "Domain" are covered - of a comprehensive but not exclusive nature - texts, graphics, images, animations, musical elements, videos, sounds, drawings, photographs, etc. that may be included and in general any creations on whatever medium or platform, tangible or non tangible, currently recognised or that may be created in the future, independent of whether or not they are subject to intellectual property in agreement with the Revised Law of Intellectual Property or any act which may in the future replace it.
User status is acquired by accessing the Domain. The user will use the services and contents exclusively for private use, excluding any form of use of the aforementioned for profit or any notion of profit, directly or indirectly, except those strictly permitted.
Access to the Portal implies that the user acquires a series of rights and obligations with the aim of guaranteeing sufficient enjoyment of the services and contents within it. The APT places these services at the disposal of the user free of charge, excluding any sites or services accessible through the Domain, where Individual Conditions that regulate them require the user to pay an amount to use and enjoy them.
The user is aware that access to and use of the services and contents of the Domain are under their own and exclusive responsibility.
These general conditions of use are fully and expressly accepted by the user merely by the action of accessing the Domain and/or viewing the contents or using the services contained within the Domain. If these general conditions were wholly or partly substituted by others, these new general conditions would be equally accepted in an identical way to those substituted. Not with standing, the Domain user should access these general conditions on a regular basis in order to keep abreast of any changes included, although it is recommended that the user accesses these every time they wish to view or use the Domain's services or contents.
If the user does not accept these general conditions or, in certain cases, the Individual Conditions that regulate the use of a specific service and/or content, the user should abstain from accessing the Domain or, in certain cases, the aforementioned services and/or content.
In general the services and contents offered by the Domain will be available in Catalan, Spanish and English, although the right is reserved by the APT to offer access in any other language.
The APT can unilaterally and without prior warning change the lending of, configuration, contents and services of the Domain as well as its conditions of use and access to the services available, without prejudicing, in certain cases, those stated in the Individual Conditions of specific services and/or contents.
The cost of connection or any other expenditure incurred through access to the Domain is the exclusive responsibility of the user. For the optimum viewing of the Domain, the user should have the minimum technical requirements detailed at: Optimum Resolution.
The user should establish the technical security measures necessary to avoid unwanted actions on their systems, files, and computers when accessing the internet and especially the Domain, being aware that the internet is not secure.
D)CONDITIONS OF USE OF DIRECTORIES OF BUSINESSES THAT OPERATE AT THE PORT OF TARRAGONA
The exclusive owner of the directories is the APT and is protected by rights of exploitation and ‘sui generis' of the Revised Law of Intellectual Property and the effects of said law. The APT is the exclusive owner of the reproduction, distribution, public communication and transformation rights as well as the extraction and permanent or temporary transferral rights of the whole or any substantial part of the directory. It also owns the rights of redistribution, as a whole or in part, of any material in the public domain by way of copies for sale or rent or transferred on-line or in any other way. The undertaking of any of the above actions requires the expressed, written permission of the APT.
In the same way, the domain user is prohibited from carrying out any actions contrary to legislation such as extracting and/or redistribution in a substantial part or in whole of the content of the directories and of the extracting and/or repeated or systematic redistribution of non substantial parts of its content, when this is classed as an action contrary to normal use of the above or if it should cause unjustifiable harm to the legitimate interests of the APT.
The APT informs the user that the directories can only be used privately as a tool for reference and contacting of the companies in the sector extracting and/or redistributing non substantial parts of their content. The use of information for carrying out marketing activities via whatever medium is prohibited, the user being responsible for the carrying out of any other actions contrary to any current legislation that fall under data protection (LOPD) and the information society's services (LSSICE)
E) CONDITIONS OF USE OF THE LOCATION SERVICE OF VESSELS IN THE PORT
The exclusive owner of the database regarding the location of vessels in port is the APT and is protected by rights of exploitation and ‘sui generis' of the Revised Law of Intellectual Property and the effects of said law. The APT is the exclusive owner of the reproduction, distribution, public communication and transformation rights as well as the extraction and permanent or temporary transferral rights of the whole or any substantial part of the directory. It also owns the rights of redistribution, as a whole or in part, of any material in the public domain by way of copies for sale or rent or transferred on-line or in any other way. The undertaking of any of the above actions requires the expressed, written permission of the APT.
In the same way, the domain user is prohibited from carrying out any actions contrary to legislation such as extracting and/or redistribution in a substantial part or in whole of the content of the database and of the extracting and/or repeated or systematic redistribution of non substantial parts of its content, when this is classed as an action contrary to normal use of the above or if it should cause unjustifiable harm to the legitimate interests of the APT.
The APT informs the user that the database can only be used privately as a tool for reference and contacting of the companies in the sector extracting and/or redistributing non substantial parts of their content. The use of information for carrying out marketing activities via whatever medium is prohibited, the user being responsible for the carrying out of any other actions contrary to any current legislation that fall under the information society's services (LSSICE).
With regard to contents published by the APT on the database, the user is informed that the APT does not guarantee the validity and/or precision of the information, as in all cases the consignee, person or organisation that has submitted it is responsible, therefore exhonorating the APT from any consequences and/or responsibilities that may arise from the use of this information, taking into account the said circumstances.
F) DRETS I OBLIGACIONS DE LA PERSONA USUÀRIA
The user can:
Have access to the contents and services within the Domain free of charge and with no previous authorisation, without breaking the technical or individual conditions or the need for previous registration with respect to the specific services and contents, as is set out in the general conditions or in the Individual Conditions of said services.
Use the services and contents available for exclusively private use, without breaking that set out in the individual conditions that regulate the specific service and/or content. The user can download one copy of the website for off-line use for private and non commercial use.
Use the site correctly and lawfully in accordance with any current legislation, ethically, good practices and public order.
The user may under no circumstances:
Access or use the services and contents of the site for illegal purposes, the damaging of the rights or liberties of third parties, or that could harm, damage or impede in any way access to these services to the detriment of the APT or third parties.
Use the services, wholly or partly, to promote, sell, contract, advertise or give out personal or third party information without previous authorisation from the APT.
Introduce information into the Domain or use the existing services with the aim of - directly or indirectly- against the rights - and especially fundamental rights and public liberties- of other users of the Domain or of the APT; inciting or promoting the carrying out of criminal, xenophobic or terrorist acts or discrimination on grounds of age, sex, religion or beliefs; or of a pornographic, obscene or violent nature or that are illegal, unethical or against good practice. To this effect comprehensively but not exclusively, information is taken to mean: texts, graphics, images, videos, sounds, drawings, photographs, data, notes, etc.
Include hyperlinks on their private or commercial website, to this Domain not following the conditions set out for it.
Use the services and contents offered by the Domain in a way contrary to the general conditions of use and/or the individual conditions that regulate the use of a specific service and/or content and that damage or lessen the rights of other users.
Carry out any actions that impede or make access to the site by other users difficult, referring as much to hyperlinks to services and contents offered by the APT as to those offered by third parties by way of the Domain.
Use the Domain as a way of accessing the internet to carry out illegal actions or actions contrary to current legislation, ethics, good practices and public order.
Employ any type of computer virus, code, software, computer program, computer or telecommunication system that can provoke unauthorised damage or alterations to the contents, programs or systems accessible via the services and content within the Domain or in the information systems, files and computer systems of other users; or unauthorised access to any contents and/or services within the Domain.
In any way delete or modify any security or identification measures of the APT or their rightful owners that could contain any contents stored in the Domain, or the symbols that the APT or the rightful third party owners of the rights may incorporate in their creations, object of intellectual or industrial property that exist in this Domain.
Include on websites they own or under their responsibility, any metatags which correspond to brands, business names or distinctive property signs of the APT.
Copy the Domain wholly or partially onto another site or web page without complying with the conditions set out for this.
Activate frames to the Domain or to web pages accessible via the Domain that hide or modify - of a comprehensive but not exclusive nature - contents, advertising space and APT or third party brands, independent or not of the fact that they imply acts of unlawful competition or of confusion.
Create frames within a website under their responsibility or ownership that copy the main page and/or pages accessible via the main page, belonging to the Domain without previous authorisation from the APT.
Include a hyperlink within a website under their responsibility or ownership that generates a window or starts a browser session used by a visitor, user or client of their website, in which are included brands, business names or distinctive property signs and from which the main page of the Domain is shown or any of the pages accessible via the Domain.
Use the brands, business names, as well as any other identifying symbol that falls under intellectual or industrial property rights, without the previous expressed written authorisation of the owner.
Carry out any actions that imply the reproduction, distribution, copying, rental, public communication, transformation or any other similar action that implies the modification or alteration wholly or partially of the contents and services of the Domain, or the financial exploitation of these, without previous written authorisation from the APT or third party owner of intellectual or industrial property rights that fall back against the services or contents of the Domain and are safe from those laid out in these general conditions or, in certain cases, the Individual Conditions that regulate the use of a service and/or content existing within the Domain.
G) RIGHTS OF THE APT
The APT reserves the following rights:
Modify the conditions of access to the Domain, technical or not, unilaterally and without forewarning the users, so as not to damage those set out in the individual conditions that regulate the use of a specific service and/or content of the Domain.
Establish individual conditions and in certain cases the requirement of a price or other requisites for access to specific services and/or contents.
Limit, exclude or place conditions upon user access when the user does not guarantee correct use of the Domain in accordance with the obligations and prohibited actions taken on by them.
Withdraw provision of service or content, without rights to compensation, when use is illegal or contrary to the established conditions of use, and so as not to damage those set out in the individual conditions that regulate the specific service and/or content of the Domain.
Modify unilaterally and without prior warning, when considered appropriate, the structure and design of the Domain, as well as updating, modifying or removing all or part of the contents or services and conditions of access and/or use of the Domain, with the ability to limit or not allow access to the information.
Deny at any point and without prior warning, access to the Domain to those users who do not meet the general conditions.
Undertake any legal or judicial action necessary for the protection of APT rights, as well as third parties who provide services or contents through the Domain, as long as the action is reasonable.
Demand compensation that could arise from the illegal or improper use of all or part of the services and contents offered through the Domain.
H) EXEMPTION AND LIMITATION OF RESPONSIBILITY OF THE APT
The APT is exempt of responsibility for any damages or losses of any kind in the following circumstances:
For inability or difficulty to connect to the communications network through which access to the Domain is achieved, despite the type of connection used by the user.
For the interruption, cessation or cancellation of access to the Domain, as well as availability and continuity of service of the Domain or of the services and/or contents within it, when the cause is outside of the control of the APT, even if it directly or indirectly comes from the APT.
The APT will not assume any responsibility with regard to the services and contents, nor for the availability and conditions, technical or otherwise, of access to these, that are offered by third party service providers, especially regarding the service providers of the society of information. For service providers to the information society whether either physical persons or judicial entities that give the following services to the public:
Transmission by data communication network provided by the end user.
Access services to said network.
Data storage services.
Provision of contents or information.
Service for temporary copying of data requested by the user.
Provision of links to contents or search engines.
The APT, at no point, accepts responsibility for damages or losses that may cause the information, contents, products and services - comprehensively but not exclusively - given, communicated, stored, transmitted, exhibited or offered by third parties not connected with the APT - including the service providers of the information society - through a domain that can be accessed through an existing link in this Domain.
Subsequent manipulation and use of personal data carried out by third parties not connected with the APT in the same way as the relevance of the information requested by these.
For the quality and speed of access to the Domain and of the technical requirements necessary for the user to be able to access the Domain and its services and/or contents.
The APT will not be held responsible for delays or faults that may occur to access and/or continuity of service and/or contents of the Domain, due to a case of force majeure. "Case of force majeure" encompasses all those causes that could not be envisaged, or even if envisaged were inevitable and as a result meant the non fulfilment of any of its obligations. Amongst these but not exclusively, industrial action by its own workers or by workers not connected to the APT, insurrections or revolts as well any rules dictated by any civil or military authority, natural disasters such as earthquakes, floods, lightning or fires, wars, management lockouts, or any other situations of force majeure.
The user of the Domain will personally respond to damages or losses of any kind caused to the APT, directly or indirectly, for the non fulfilment of the obligations set out in these general conditions or other rules by which the use of the Domain is governed.
I) INTELLECTUAL AND INDUSTRIAL PROPERTY
The user recognises that the contents and services offered through the Domain - including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all commentaries, exhibitions and html code of the Domain, without this list being exclusive - are protected under the laws of intellectual property. The right of the author and of financial exploitation of this Domain belongs to the APT. When referring to the content included in this Domain the right of the author and of financial exploitation belong to the APT or, in some cases, to third parties or organisations, and in both cases are protected under the current laws of intellectual property.
If the action or omission, culpable or negligent, directly or indirectly attributed to the user of the Domain, that causes breach of the rights of intellectual or industrial of the APT or third parties - whether beneficial or not - caused damages, losses, liabilities, expenditures of any kind, measures of coercion, fines, and other amounts emerging or deriving from any compensation, claims, actions, pleas or procedures, be they civil, criminal, or administrative the APT will have the right to take action against the user using all legal avenues at their disposal and reclaim any indemnities including - as a non exclusive statement - damages of ethics and image, resultant damages and cessation of profit, publicity costs or any other costs that could be incurred by pursuit of reparations, sanction costs or convictions, interests due to delays, the costs incurred by the other side, legal costs and the cost of defence for any process in which it could be sued for the reasons previously expressed, for damages or losses brought about as a result of the action or omission without prejudice to carry out any other actions that legally correspond to it.
The persons or organisations that intend to or actually establish a hyperlink from a web page in another internet domain to any of the pages of the APT Domain should adhere to the following conditions:
The reproduction in part or as a whole of any of the services of contents of the Domain is not allowed.
Neither deep-link nor IMG nor image links should be established, nor frames of the pages within the Domain, without the prior, expressed authorisation of the APT.
No false, incorrect or inaccurate statements shall be included about the Domain pages or the services or contents therein.
With the exception of signs that form a part of the hyperlink, the web page on which it is placed will not contain any brand, business name, trade mark, design, logo, slogan or other distinctive signs belonging to the APT unless with expressed authorisation.
The placement of the hyperlink will not imply any relationship between the APT and the owner of the web page or site on which it is found.
The APT will not be held responsible for the contents or services available to the public on the web page or site on which the hyperlink is found nor of the information or statements included in the same.
Any hyperlink to the Domain will be to the Home page.
The APT does not accept any responsibility for information contained on third party web pages connected to the Domain by links, or that are managed directly by our domain supplier.
The function of the links that appear in this Domain are for information purposes only and under no circumstances imply any suggestion, invitation or recommendation to visit the target sites.
L) PROTECTION OF PERSONAL DATA
M) DURATION AND TERMINATION
The service provision of the Domain and the other services is, in principle, indefinite. The APT, however, is authorised to end or suspend provision of service of the domain and/or of any of the services at any time, without prejudice to that which may have been set out in the corresponding Individual Conditions. If it is reasonably possible the APT will give prior notice regarding the termination or suspension of the service provision of the Domain and the other services.
N) FULL AGREEMENT
These general conditions contain all of the conditions agreed by the parties with regard to the object of said conditions and any declarations, obligations or promises, verbal, written or implied are considered non existent prior to these conditions with regard to the object of said conditions.
If one of the parties should at any given time not accept the conditions established in the general conditions or in certain cases Individual Conditions that regulate the use of a particular service and/or content destined for the users of the Domain, this can not be interpreted by the other parties as a renouncement of the overall fulfilment of said conditions.
O) NULLITY AND CANCELLATION
Supposing that any clause in these general conditions or in certain cases Individual Conditions that regulate the use of a particular service and/or content become null and void, wholly or in part, this nullity or cancellation will not affect the validity of the other clauses of said conditions, which will remain fully effectual and valid, unless the party that alleges the nullity or cancellation proves that without said clause the aims of the remaining conditions cannot be fulfilled.
P) APPLICABLE LEGISLATION AND JURISDICTION
The parties, with the expressed renouncement of their own code, accept the present contract as legislation (Spanish), and are committed to resolve however many litigations could be presented from this legislation to the Judges and Tribunals of Tarragona.
Q) REUTILIZATION OF THE INFORMATION OF THE PUBLIC SECTOR
The restrictions of use and available data processing with the web of the Port Authority of Tarragona, which has been established in the conditions of use of this one, and determined as rights and obligations of the person, must be understood, with independence of arranged with the Law 37/2007, of November 16, on reutilization of the information of the public sector, and especially, for all the information and documentation he retires in the catalogue of information of opened information, which purpose is to stimulate the opening and reutilization of the information generated by the Port Authority of Tarragona, with the aim to obtain a more transparent, efficient and nearby administration, and to create new opportunities, both social and economic, from the reutilization of the information by means of a few clear and flexible conditions of use. Simultaneously that arouses on the importance and the value of the culture of the opened information.