Use conditions

CONDITIONS OF WEB SITE ACCESS AND USE

http://www.gastrofestivalmadrid.com/

MADRID DESTINO CULTURA TURISMO Y NEGOCIO, S.A. (hereinafter, “MADRID DESTINO”), with Tax ID Number (“CIF”) A-84073105 and registered offices in Madrid at C/Montalbán 1, postcode 28014, provides up-to-date information through the web site http://www.gastrofestivalmadrid.com/ (hereinafter, “the web site”) regarding the Festival’s programme of events and the various projects that it carries out, in accordance with the terms set out in the following conditions:

1. DEFINITION OF “USER”

Access to and/or use of the web site confers the status of “user” on the party undertaking such access or use, and implies full consent to these conditions by the user effective from the time of access or use, without prejudice to any separate conditions that may be established by MADRID DESTINO for the purpose of managing specific services or content which may, if applicable, supplement, amend or replace the general conditions governing such services or content.

2. OBLIGATIONS OF THE USER: USE OF THE WEB SITE, ITS SERVICES AND CONTENT

The user undertakes to use the web site, its services and its content in good faith, in accordance with applicable law, public order, generally accepted uses and conduct and in compliance with these conditions.

The user undertakes not to use the web site for unlawful ends or for ends that may adversely affect the rights and/or interests of MADRID DESTINO or any third parties, and not to cause any damage or to impede the normal functioning of the web site.

- SECURITY DURING INTERNET BROWSING

Upon connecting to the internet it is advisable that, in addition to taking care to follow basic computer security steps, the following security measures be given consideration:

Use up-to-date web browser versions

Visit well-known websites

Do not allow automatically downloaded programs to run unless they come from a trusted download source

For public computers or computers shared with third parties, ensure that the automatic ‘remember password’ option is not enabled

3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The content that MADRID DESTINO makes available to the user is protected by the required intellectual and industrial property rights.

MADRID DESTINO either owns or has been assigned all intellectual and industrial property rights over this web site and all of the elements contained therein (including but not limited to images, sound, audio, video, software and text, brands or logos, colour combinations, structure and design, selection of materials used, software needed to operate, access or use the site, etc.)

MADRID DESTINO authorises the user to employ these elements for the purposes expressly stipulated on the web site or set out in these conditions. Any reproduction, distribution, modification or full or partial public dissemination thereof, other than that expressly provided for, is prohibited, except where permitted under the law.

Specifically, the user shall be authorised to view and even print, copy and store the web site’s content to the hard drive of his or her computer or in any other physical format, provided that this is done solely and exclusively for personal, private use. Any transformation, distribution, public dissemination, provision or any other use of said content is strictly prohibited, as is any modification, alteration or decompilation thereof.

The user shall refrain from removing, altering, circumventing or manipulating any protective devices or security systems installed on the web site.

In the event that a user or third party should consider that their legitimate rights have been infringed due to the inclusion of specific content on the web site, the user shall notify MADRID DESTINO of this, providing:

- The personal details of the interested party that holds the rights allegedly infringed. If the complaint is submitted by a third party rather than the interested party, this third party shall specify in what capacity he or she is acting as representative.

- The content protected by intellectual property rights and where it is located on the web site

- Proof that these intellectual property rights are actually held

- An express statement by the interested party accepting responsibility for the accuracy of the information provided in the complaint

The legitimacy of any intellectual or industrial property rights relating to content provided by third parties shall be the sole responsibility of these parties, to whom MADRID DESTINO undertakes to transfer any complaints received from users or other third parties.

4. PROCESSING OF PERSONAL DATA

MADRID DESTINO, in compliance with the applicable law governing the protection of personal data, hereby informs website users of its Privacy Policy, which shall apply to the processing of personal data provided by the user when accessing, using and/or registering on the website.

- USE OF COOKIES

Similarly, MADRID DESTINO hereby informs the user that it employs its own and third party Cookies to ensure proper functioning of the web site, in order to improve its services through analysis of browsing habits. This tool is installed on the hard drive of the user’s computer, and is used for the storage and subsequent retrieval of certain information pertaining to the use that is made of the web site. It does not, however, collect any personal data that would enable the user to be identified. Further information, including details of how to adjust the relevant settings, can be found in our Cookies Policy .

5. MINORS

Access to and use of the web site by unauthorised minors is prohibited.

Minors shall request and obtain the permission of a parent, guardian or legal representative before accessing the content contained on the website.

MADRID DESTINO stresses that parents or guardians are responsible for performing suitable monitoring of the activities of their children or of any minors under their protection.

In addition, MADRID DESTINO hereby notifies that it is possible to install tools to control internet usage in order to prevent web access as well as the sending of personal data without the consent of a parent or guardian. Under no circumstances may it be demanded that MADRID DESTINO install such tools.

6. LIABILITY OF MADRID DESTINO

MADRID DESTINO shall not be liable for any loss and/or damage of any kind to any user or third party arising from:

- A lack of availability, maintenance or effective functioning of the web site and/or its services or content

- A lack of utility, adequacy or validity of the website and/or its services or content in terms of meeting the needs or expectations of the user or providing the activities or specific results desired by the user

- The presence of viruses, malware or potentially harmful programs in the web site content

- The receipt, attainment, storage, dissemination or transfer of content by users

- Unlawful, negligent or fraudulent use of the website, its services or its content by users, or use that is contrary to these General Conditions, to good faith, to generally accepted uses or to public order

- A lack of legality, quality, reliability, utility or availability of services provided by third parties that are made available to users on the website

 – Safekeeping of usernames and passwords; these must not be revealed to third parties in order to prevent identity theft or the supply of inaccurate or incorrect information

- Non-compliance by third parties with their obligations or duties in regard to services provided to users through the website

7. LINKS

The sole purpose of any links made available to users by MADRID DESTINO is to provide access to other content and/or services that they may find of interest. Such links are neither managed nor controlled by MADRID DESTINO.

MADRID DESTINO accepts no liability, either direct or indirect, for the legality, accuracy, utility, quality or reliability of any content and/or services not directly managed or controlled by MADRID DESTINO, even if such content and/or services can be accessed from the web site.

Establishment of a ‘hyperlink’ between any site and this web site shall be subject to the following conditions:

- Reproduction, either in full or in part, of any of the services or content on MADRID DESTINO’s website is prohibited in the absence of express consent by the company.

- No ‘deep links’ shall be established with the website’s sites or services, nor shall a browser or a border environment be created for them.

- The web site on which the hyperlink is placed shall not contain any mark, trade or shop name, designation, logo, slogan or other distinguishing sign owned by MADRID DESTINO.

- Under no circumstances shall MADRID DESTINO be liable for content or services made available to the public on the web site on which the hyperlink is placed, or for information or declarations given on this site.

8. LIABILITY OF THE USER

The user shall be solely and exclusively responsible for the use made of the web site, and shall under all circumstances hold MADRID DESTINO harmless for any damage and/or loss that may be caused directly or indirectly to the user or to third parties by non-compliance with these conditions.

MADRID DESTINO reserves the right to deny access to and/or use of the web site or any of its content and/or services to any user in breach of these General Conditions.

9. AMENDMENT OR ELIMINATION OF THESE CONDITIONS

MADRID DESTINO reserves the right to modify, whenever it deems appropriate, the web site, its design, content and/or services, as well as these conditions, either in whole or in part.

Likewise, MADRID DESTINO reserves the right to interrupt, temporarily suspend or permanently eliminate the web site or any of the content and/or services that comprise it, at its own discretion.

10. APPLICABLE LAW AND DISPUTE RESOLUTION

The parties expressly waive their rights to the jurisdictions they would otherwise have recourse to, and accept Spanish law as the law governing these conditions. For the resolution of any disputes or legal claims that may arise in relation to these conditions, the parties agree to submit to the jurisdiction of the Courts and Tribunals of Madrid.