Legal Notice and Conditions of Use that govern the access, browsing and use of the Website of the City Council of Elche (referred to hereinafter as, “the City Council”) located in the URL elche.es (referred to hereinafter as, the “Website”).

This Website complies with the provisions established in article 39 of the Law 40/2015, dated the 1^st of October, on the Legal System of the Public Sector.

Article 39.   Website.

The website is understood to be an electronic access point that is owned by a Public Authority, public institution or Public Law entity that provides access to published information through internet and, where appropriate, the corresponding electronic office.

A User is understood to be anyone who accesses, uses or takes part in the services rendered and activities carried out in the Website.

When Users access, browse around and use this Website, it is assumed that they clearly, and specifically accept all the terms of these General Conditions of use of the Website, without any reservations.

DATA ABOUT THE ENTITY THAT OWNS THE WEBSITE

The elche.es website belongs to:

Trade name:  Elche City Council

TIN: P0306500J

Address: Plaça de Baix nº 1, 03202 Elche

Telephone number: 966658000

Corporate email address: secretaria@elche.es

CORPORATE PURPOSE AND SCOPE OF APPLICATION

These Conditions govern the access to the content and the services provided by the City Council through the Website, as well as the use of these by the users.

The City Council is entitled to modify the configuration, presentation and the content of the Website, as well as the conditions required to access and/or use it.

ACCESS

The access to the content and the use of the services provided by elche.es are free, and they are subject to the General Conditions of use of the Website content included in this Legal Notice.

Users do not have to register to access and browse around the Website, even when certain existing or future services included in it might require registration. If users need to access the Electronic Office to carry out a transaction through it, their identification and (where appropriate) their electronic signature will be required.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

This Website is governed by the Spanish Law and by the national and international law on intellectual and industrial property.

Under no circumstances whatsoever shall it be assumed that the City Council waives, transfers, licenses or assigns these rights, totally or partially, when Users access and browse around the Website.

It is forbidden to use any references to registered trade names or trademarks, logos or other distinctive signs, which are owned by the City Council or third-party Companies or Organisations without the consent of the City Council or their legitimate owners. All the Intellectual and Industrial Property rights on the content and/or services included in the Website are reserved.

The City Council of Elche (Ajuntament d’Elx) owns all the intellectual and industrial property rights of the website elche.es, as well as the elements contained in it (by way of example but not limited to: images, photographs, sound, audio, videos, software or texts; trademarks or logos, colour combinations, structure and design, selection of used materials, computer programmes needed for it to work, access and use, etc), owned by Ajuntament d’Elx.

All rights reserved. Pursuant to the provisions established in articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, the distribution and the public disclosure is strictly prohibited, including the arrangements under which all or part of the content of this website is made available, for commercial purposes, on any format and through any technical means, without the authorisation of the owner.

USE OF THE WEBSITE

Users agree to use the Website pursuant to the Law and these General Conditions.

Users are also expected to refrain from using the Website for illegal or illicit purposes or effects or any acts that are contrary to what is established in these General Conditions.

When using the services, Users state that they accept these General Conditions, and they pledge not to transfer, disclosure or supply any type of material that violates the existing law in any way through the services supplied by elche.es. In particular, and by way of example but not limited to, Users pledge not to obtain data for advertising purposes, not send any type of online advertising or chain letters and not transfer, disclose or make any type of content available to third parties through the services supplied by elche.es, which includes among other things that:

• They violate the law on the protection of personal data and the guarantee of digital rights.

• They engage in illicit or illegal activities that, in any way, violate the fundamental rights and civil liberties that are constitutionally recognised and in the rest of the legal system.

• They lead to, encourage or promote criminal, degrading, violent or discriminating behaviour.

• They include criminal, violent or degrading messages.

• They are contrary to the right to honour, personal and family privacy or the self-image of people.

• They infringe upon the communication privacy law.

• Due to their characteristics (such as format, length, etc.) they cause problems in the normal running of the Website.

USING THE BLOG

Users can post comments on the Website Blog (if it is available) stating for this purpose their name, surnames and email address and, in this sense, they are hereby informed that their comments, together with the identification details that they supply, might be published in the Blog.

Users pledge not to post any comment that could infringe upon the points included in the section “USING THE WEBSITE” of this Legal Notice and they shall be exclusively responsible for the comments that they post, as well as their interactions with the other users, and therefore the City Council is exempt of any responsibility on the matter.

The City Council is entitled to refuse to publish or it can remove any comment or content that might violate what is established in this Legal Notice.

CORRESPONDENCE.

Users agree to assume responsibility and hold the City Council harmless for any correspondence that is sent personally or on their behalf, and this responsibility covers the accuracy, legality, originality and ownership of it.

RESPONSIBILITIES AND GUARANTEES.

Due to the characteristics of a website and the technological dependence (internal and external) that determine it, the City Council cannot guarantee or be held responsible for:

(1). The continuity of the content of the Website.

(2). The lack of mistakes in this content or products.

(3). The invulnerability of the Website and/or the impenetrability of the security measures that are taken in it.

(4). The lack of viruses and/or other malware in the Website or in the server that supplies it.

(5). The damage or loss that anyone that infringes on the conditions, rules and instructions that the City Council establishes in the Website or through the breach of the security systems of the Website, cause to themselves or to a third party.

The City Council states that it takes the appropriate measures, maintains and develops them insofar as it is possible and according to the current state of technology, so that the Website is always available, and to protect the integrity of its content and make sure that there are no viruses or other malware on it that damage the equipment of Users, which is all done within the scope of the existing legislation at all times, mainly the Spanish National Security System, the Organic Law on the Protection of Personal Data, the Guarantee of Digital Rights and the developments of this.

If Users become aware of the existence of illicit, illegal content that is contrary to the law or that might infringe upon the intellectual and/or industrial property rights, they must notify the City Council immediately so that it can take the appropriate measures.

LINKS TO OTHER WEBSITES.

The Website might contain links to other Websites through different buttons, links, banners, etc., which might be run by third parties. The City Council is not entitled nor does it have the resources to find out about, control or approve all the information, content, products or services supplied by other Websites to which links might be established from its website.

Consequently, the City Council shall not be held responsible under any circumstances whatsoever for anything related to the Websites to which a link might be established from its own website, to be precise and among others, about how it works, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.

In this sense, if Users become aware of any illegal activities that are being carried out through these third-party websites, they must inform the City Council immediately so that it can then disable the link to access it.

The establishment of any type of link from the Website to another third-party website shall not imply that there is any type of relationship, any collaboration or dependence between the City Council and the entity in charge of the third-party website.

LINKS IN OTHER WEBSITES TO THE WEBSITE OF THE CITY COUNCIL.

If any User, Entity or Website wants to establish any type of link to the Website the following provisions shall apply:

(1). The link established can only be to the Home Page of the Website, unless the City Council specifically authorises otherwise in writing.

(2). In the webpage that establishes the link it must not be mentioned in any way that the City Council has authorised this link, unless the City Council has allowed this specifically and in writing.

(3). The City Council does not authorise the establishment of a link to the Website from Websites that contain illicit, illegal, degrading, obscene material, information or content, and in general, that is contrary to public order and/or the generally accepted social rules.

The City Council is not authorised nor does it have the resources to find out about, control or approve all the information, content, products or services supplied by other Websites that have established links to the Website. Therefore, the City Council cannot be held responsible in any way for anything associated with the Website that established this link to its Website.

SOCIAL MEDIA SITES.

The City Council might appear in the social media sites that it considers to be suitable, now or in the future. The City Council, as the administrator of its own instances in these social media sites, can decide not to publish and/or to delete any content published in them.

In any case, Users are held exclusively responsible for the content that is published in the social media sites of the City Council, and the rules specified in the chapter USE OF THE WEBSITE herein are fully applicable to the social media sites.

COOKIES POLICY.

The cookies policy of elche.es is determined by what is established in the document COOKIES POLICY.

PRIVACY POLICY.

The privacy policy of elche.es is determined by what is established in the document PERSONAL DATA PROTECTION AND INFORMATION SECURITY, which shall comply with what is required by the law in force at all times on personal data protection and the guarantee of digital rights.

DURATION AND MODIFICATION.

The City Council can modify the terms and conditions that are specified herein, totally or partially, publicising any change in the same way in which this Legal Notice appears or through any type of message sent to Users.

Therefore, the temporary validity of this Legal Notice is not established for a specific period of time. Only the content that exists at a certain moment, unless it is specifically stated that it is no longer valid, shall be considered to be the valid content of this legal Notice.

Notwithstanding what is provided for in the specific terms and conditions (if there are any), the City Council can terminate, suspend or interrupt, at any time and without having to give notice in advance, access to the content of the Website, without Users being entitled to claim any type of compensation for this.

GENERAL CONSIDERATIONS

If there is any type of discrepancy between the provisions established in this Legal Notice and the particular conditions of each specific service (if there are any), what is established in the latter shall prevail.

If there is any provision or provisions in this Legal Notice that is or are considered to be null and void, either totally or partially, by any Court, Tribunal or competent administrative authority, this shall not affect the other provisions of the Legal Notice.

The fact that the City Council does not exercise a right or a provision included in this Legal Notice shall not be assumed to be a waiver of it, unless it acknowledges this and agrees on it in writing.

LEGISLATION AND APPLICABLE JURISDICTION.

The relations established between the City Council and Users shall be governed by the provisions established in the existing law in Spain.

The City Council and Users, waive any other jurisdiction to which they might be entitled and they agree to submit any dispute and/or lawsuits to the Courts and Tribunals of the city of Elche.