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LEGAL NOTICE & TERMS OF USE

1.-IDENTIFICATION DATA

Name: IECO Institute of the COSO Foundation.
Registered office: C/ Mar, 26, 2º, 4ª – 46003 Valencia, España.
Phone number: (+34) 963 922 947
e-mail: info@iecoinstitute.org
Domain name: www.iecoinstitute.org
Registered with the number 268-V of the Register of Foundations of the Comunidad Valenciana.

2.- INTRODUCTION

2.1. Object and Field of Application

These are the general conditions that regulate the access, navigation and use of the web sites under the domain “iecoinstitute.org” (from this point forward, Website), as well as the responsibilities derived from the use of their contents (understanding from now on by “contents” the texts, graphics, pictures, designs, codes, software, photographs, music, videos, sounds, data base, images, expressions and information, just as any other creation protected by the national laws and the international treaties about intellectual and industrial property).

Regardless of them, the IECO Institute of the COSO Foundation will be able to establish some particular conditions that regulate the use and contracting of specific services offered to the Users through the Website.

2.2. Definitions

It will be understood that the access or the mere use of the Website by the User implies the adhesion of him/her to the general conditions that the IECO Institute of the COSO Foundation had published in every moment in which he/she accesses to the Website and that they will be available for the users.

Consequently, the User must carefully read these general conditions. In this sense, it will be understood as User the person who accesses, navigates, uses or participates in the services and activities, free and onerous, developed in the Website.

2.3. General conditions

The headings of the different clauses are only informative, they won’t affect, qualify or broaden the interpretation of the present Legal Notice.

The temporary effect of the present Legal Notice and whatever other texts collected in owner’s Website, coincides, with the time of its exposition, until it was modified total or partially, moment in which they will turn into having effect the modified texts.

Irrespective of the provisions of the particular conditions that, when applicable, are established, the IECO institute of the COSO Foundation will be able to finalise, suspend or interrupt, at any time and without need of warning, the access to the contents of the Website, without the User being able to claim any compensation. After such extinction, the prohibitions on the use of the content set out in this Legal Notice shall remain in force.

Additionally, if the user breaches the present Legal Notice, the Website Terms of Use or any of the obligations set out in the texts provided for therein, the IECO Institute of the COSO Foundation will be able to suspend or cancel his/her profile automatically without prior notice, and in no event shall such suspension or cancellation entitle the user to any compensation whatsoever. In this sense, the IECO Institute of the COSO Foundation informs that will be able to notice and collaborate in due course with the competent police and judicial authorities if it detects any infringement of the legislation in force or if it suspects that a crime has been committed.

In the case of any disposition of the present Legal Notice was declared invalid or inapplicable, in its totality or partly, by any court, tribunal or competent administrative entity, such invalidity or inapplication won’t affect the remaining provisions.
The non-exercise or non-enforcement by the IECO Institute of the COSO Foundation of any right or disposition included in the present Legal Notice won’t constitute a resignation.

3.- WARNING PRIOR TO USE

Through the Website, the IECO Institute of the COSO Foundation may enable third parties to advertise or provide their services. In such cases, the IECO Institute of the COSO Foundation won’t be responsible for establishing the general and particular conditions to be taken into account in the use, service or contracting of these services by third parties and, therefore, shall not be held in charge for them.

Before using and contracting such specific services provided by the IECO Institute of the COSO Foundation, the User must carefully read the corresponding particular conditions created for this purpose by the aforesaid third party entity. The use and/or the contracting of such specific services implies the acceptance of the particular conditions that regulate them in the version published in the Institute’s Website at the time of such use and/or contracting.

4.- ACCESS TO THE WEBSITE AND CONTENTS

4.1. Conditions of Access

Access to the Website by Users is free of charge. However, some of the services and contents offered by the IECO Institute of the COSO Foundation or third parties through the Website may be subject to the prior contracting of the service or product and the payment of a sum of money in the manner determined in the corresponding Particular Conditions, in which case they will be made clearly available.

When it is necessary for the User to register or provide personal data in order to access any of the services, the collection and treatment of User’s personal data will be subject to the provisions of the Privacy Policy contained on the Website.

The contracting of products and services through the Website by minors is prohibited, and they must duly obtain prior consent from their parents, guardians or legal representatives, who will be considered as responsible for the acts carried out by the minors in their care, in accordance with current legislation.

4.2. Obligations of the User

The user shall use the contents of the Website according to the Law and public order, refraining from using them for purposes or effects contrary to the Law, morality and good customs.

The User will abstain from reproducing or copying, distributing, carrying out any type of act of public communication by himself/herself or by third parties through any medium or format, transforming or modifying the contents, unless he/she has the authorisation of the owner of the copyright over the contents.

4.3. Communication channel

The IECO Institute of the COSO Foundation provides its Users a contact channel through which they may communicate and inform about the existence of any content which the User considers to be contrary to the law or which infringes the legitimate rights of third parties.

If the User becomes aware of any of the above circumstances, he/she must immediately inform the IECO Institute of the COSO Foundation, so that it can review the content communicated and, if necessary, proceed to remove or disable it, writing to the -email address info@iecoinstitute.org

5.- USE OF THE WEBSITE

The contents included in the Website are provided solely to consumers or end Users. Any unauthorised commercial use or resale thereof is prohibited, except with the prior written authorisation of the IECO Institute of the COSO Foundation.

If, in order to use and/or contract a service on the Website, the User must proceed to a registration or login procedure, the User will be responsible for providing true and lawful information of which he/she is the sole owner. If, as a result of registration, the User is provided with a password, he/she undertakes to use it diligently and to keep in secret the password to access these services. Consequently, the Users are responsible for the proper custody and confidentiality of any passwords supplied to them by the IECO Institute of the COSO Foundation, and they undertake not to cede their use to third parties, either temporarily or permanently, nor to allow access to third parties. The User will be responsible for the use of the services by any third party using a password provided to the User.

By virtue of the above, it is the User’s obligation to immediately notify the IECO Institute of the COSO Foundation of any improper use of passwords, as well as their theft or loss.
Until such events are reported, the IECO Institute of the COSO Foundation shall be exempt from any responsibility that may arise from the improper use of identifiers of passwords by unauthorised third parties.

The access, navigation and use of the Website is User’s responsibility, so the User undertakes to diligently and faithfully observe any additional instructions given by the IECO Institute of the COSO Foundation or by its staff related to the use of the Website and its contents. We also urge you to inform the aforementioned institution of any event of which you become aware that involves a conduct contrary to law or infringes the rights of any third party.

Access to or use of the Website for illegal or unauthorised purposed, whether for profit or not, is not allowed and, therefore, the consequences will be the sole responsibility of the user. In particular, and without the following list being restrictive, it is prohibited:

  1. Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;
  2. Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
  3. Use the Website to collect personal data from other users, without taking into account the current data protection regulations;
  4. Use the Website illegally, against good faith, morality and public order;
  5. Registering through the Website under a false identity, impersonating third parties or using a profile or performing any other action that may confuse other users about the user’s identity;
  6. Unauthorised access to any section of the Website, to other systems or networks connected to the Website, to the servers of the IECO Institute of COSO Foundation, or to the services offered through the Website, by hacking or forgery, password mining or any other illegitimate means;
  7. Breach, or attempt to it, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website;
  8. Take any action that causes a disproportionate or unnecessary load on the infrastructure of the Website or the systems of networks of the IECO Institute of the COSO Foundation, as well as the systems and networks connected to the Website; or
  9. Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to it, illegally or in any other way, the access, participation or operation of the same, or by falsifying the result of the same and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes this Legal Notice.

Failure by the user to comply with any of the above obligations may lead to the IECO Institute of the COSO Foundation adopting the appropriate measures in accordance with the law and in the exercise of its rights or obligations, including the elimination or blocking of the user’s account, without the possibility of any compensation for the damage caused.

6.- PARTICIPATION TOOLS

6.1. Definition, enumeration
Videochat, on-line sessions, surveys, blogs, blogs comments, discussion forums, etc.

6.2. Rules of participation

The IECO Institute of the COSO Foundation is not responsible for the information or content stored, including but not limited to, in forums, chats, blog generators, comments, social networks or any other medium that allows to third parties to publish content independently on the Website. Nevertheless, and in compliance with the provisions of art. 11 and 16 of Law 34/2002, of 11 July, on information society services and electronic commerce (LSSI), the IECO Institute of the COSO Foundation is at the disposition of all Users, authorities and security forces, actively collaborating in the removal or, where appropriate, blocking of all content that could affect or contravene national or international legislation, the rights of third parties or morality and public order.

In the event that the User considers that there is any content on the Website that could be susceptible to this classification, it is requested to him/her to notify it immediately to the website administrator (info@iecoinstitute.org).

7.- CONTENT PROVIDED AND CREATED BY THE USER

Should the User send or publish content of any kind on the Website, he/she declares, guarantees and accepts that he/she has the right to do it freely, that such information does not infringe any intellectual property right, trademark, patent, trade secret or any other right that may be held by a third party.

The User acknowledges that he/she assumes responsibility and will indemnify the IECO Institute of the COSO Foundation for any damage derived from any communication he/she provides personally or on his/her name.

The IECO Institute of the COSO Foundation reserves the right to disclose, publish, edit, transform and translate the content submitted by the User.

In the event that the contents sent by Users contain images, videos, etc., the User declares, guarantees and accepts:

  • That he/she is of legal age for legal purposes.
  • That he/she is the author or copyright holder of said production and that he/she has the right to send it and that it does not infringe any intellectual property rights.
  • That the aforementioned images, videos, etc., have been made with the consent of the persons who appear in them and that in the event of minors appearing, the aforementioned consent has been given in writing by their legal representatives, parents or guardians and may be accredited at any time when required to do so.

The User acknowledges the assumption of responsibility for the aforementioned matters and will indemnify the Institute for all damages that their wilful or negligent conduct may cause as a result of their non-compliance.

The IECO Institute of the COSO Foundation, at its discretion, reserves the right to publicly communicate the work received in the manner it deems appropriate, and is also authorised to edit, produce, transform and publicly communicate it. The User herby assigns to the IECO Institute of the COSO Foundation, on a non-exclusive basis, all copyrights (by way of example: the rights of reproduction, distribution, transformation and public communication, in all possible forms, in relation to the content sent) free of charge. The aforementioned assignment is made for the whole world, for the maximum duration currently foreseen in the Intellectual Property Law and with the express power of assignment to third parties.

8.- RESPONSABILITIES AND GUARANTEES

The IECO Institute of the COSO Foundation does not guarantee the reliability, truthfulness and accuracy of the contents disseminated through the Website.

Consequently, the IECO Institute of the COSO Foundation does not take the responsibility for the following:

  • The continuity of the contents of the Website.
  •  The absence of errors in said content.
  • Possible damage caused to Users by virus and/or other harmful components that may be contained on the Website or on the server that hosts it.
  • The invulnerability of the Website and/or the impregnability of the security measures adopted therein.
  • The lack of usefulness or efficiency of the contents of the Website.
  • Any damage or harm caused to any person who infringes the conditions, rules and instructions provided by the IECO Institute of the COSO Foundation on the Website. In the same way, it shall not liable for any damage or harm caused to third parties in the event of a breach on the Website’s security sistems.

However, the IECO Institute of the COSO Foundation manifests that it has adopted reasonable measures, according to the available technology and its possibilities, in order to ensure the correct functioning of the Website and to avoid the existence and transmission to Users of viruses and other harmful components.

The IECO Institute of the COSO Foundation does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. If the user becomes aware of the existence of any content that it illicit, illegal, contrary to the law or that could infringe the rights of third parties, he/she must immediately notify it to the owner entity that it can proceed to adopt the appropriate measures.

The IECO Institute of the COSO Foundation won’t be responsible of the accuracy, completeness or updating of the information published on the Website from external sources, nor that contained on other platforms linked to from the Website. The IECO Institute of the COSO Foundation shall not assume any responsibility that may arise from the use of the aforementioned information.

9.- LINKS

9.1. Links to other websites and social networks (links).

The IECO Institute of the COSO Foundation may include buttons, links, banners, etc. on the Website that redirect to different web pages, known as links. All these elements are managed by third parties and the IECO Institute of the COSO Foundation does not assume any responsibility for such links, the third party being responsible for their content and goods or services that may be offered through such pages.

The IECO Institute of the COSO Foundation does not have the human or technical means to know in advance and/or control and/or approve all the information, contents, products or services provided by other platforms which links may be established from the Website. As a consequence, the IECO Institute of the COSO Foundation cannot assume any liability for any respect related to the platform or website to which link may be established from the Website, specially, but not limited to, its operation, 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 have actual knowledge that the activities developed through these third party websites are illegal or contravene morality and/or public order, they must immediately notify the owner so that the link to access them can be disabled, which will be carried out as soon as possible.

The establishment of any type of link by the website www.iecoinstitute.org to another external does not imply that there is any type of relation, collaboration or dependence between the IECO Institute of the COSO Foundation and the owner of said page.

The IECO Institute of the COSO Foundation makes available to users, through the different tools and applications, links that allow users to access the channels and pages of the Website that maintains on different platforms and social networks belonging to and/or managed by third parties (e.g., Facebook, Twitter, YouTube, etc.). The inclusion of these links on the Website has the only purpose of providing the users the access to these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between the IECO Institute of the COSO Foundation and the owner, manufacturer or distributor of the linked platform, nor does it imply acceptance and approval by the owner of the Web of its contents and/or services, the owner, manufacturer or distributor being solely responsible for them.

Under no circumstances the IECO Institute of the COSO Foundation shares with Facebook, Twitter or any other social network that may be incorporated in the future any type of private information about its users, its sole purpose being that established in the conditions of use of this website. To this effect, all information that the user wishes to provide to these platforms will be under his/her own responsibility.

9.2. Links to the IECO Institute of the COSO Foundation Website from third party websites
If any entity or User wishes to establish any type of link to the www.unav.edu website, the following instructions must be followed.

  • The link must be absolute and complete, i.e., it must lead the User, by means of a click, to the URL address itself.
  • The IECO Institute of the COSO Foundation does not authorise the establishment of a link to the Website from those websites that do not respect its ideology or that manifestly promote discrimination of any kind, or those with illicit content or that contravene morality, public order or generally accepted social rules.
  • The IECO Institute of the COSO Foundation does not assume any liability for any related aspect to the website that establishes that link to the Institute’s website.
  • The IECO Institute of the COSO Foundation may require the immediate withdrawal, without any justification, of any third party who establishes a link on its website to a page of the Website and does not adjust to the previous sections.

9.3. Services provided by third parties external to the IECO Institute of the COSO Foundation through its Website

The IECO Institute of the COSO Foundation does not guarantee the legality, permissibility, content, scope and reliability of the services provided by third parties through its Website or those that the IECO Institute of the COSO Foundation disseminates in its Website that are outside its field of action.

The IECO Institute of the COSO Foundation shall not be liable of any damages that may be incurred by Users or third parties as a result of the contracting or using the services provided by third parties through this website.

Specially, the IECO Institute of the COSO Foundation won’t be made accountable for the damages that derivate from:

  • Failure to comply with the law, morality or public order.
  • The incorporation of virus or any malicious computer code, file or programme that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunications equipment.
  • Infringement of intellectual and industrial property, revelation of third party know-how, unauthorised revelation of trade secrets, and those arising of any legal relationship to which the IECO Institute of the COSO Foundation is not a party.
  • The performance of acts that constitute unlawful, misleading or unfair advertising and, in general, that constitute unfair competition.
  • Lack of truthfulness, accuracy, quality and timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible.
  • The non-fulfilment, delay in fulfilment, defective fulfilment or termination for any reason of the obligations contracted by third parties and contracts made with third parties.

10.- MODIFICATION OF THE GENERAL CONDITIONS AND VALIDITY

The IECO Institute of the COSO Foundation may, without prior notice, modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same way in which these general conditions appear or through any kind of communication addressed to Users.

These general conditions will remain in force as long as they are published: if after their initial publications any changes are made, the new modified general conditions will come into force.

Users fill tacitly consent to the new conditions if they access the Website after such changes have been made.

Without prejudice to the provisions of the particular conditions, the IECO Institute of the COSO Foundation may give, interrupt, resolve or terminate, at any time without prior notice, the access to the contents of its Website without the User being able to claim any compensation whatsoever from the Institute.

After such termination, the prohibitions of use of the contents provided for in this document will remain in force.

11.- OTHER ISSUES

In the event of any discrepancy between the provisions of these general conditions and the particular conditions of each specific service, the provisions of the latter will prevail.

In the case of that any provision of these general conditions should be considered null and void or unenforceable, in whole or in part, by the competent authority, such nullity or unenforceability shall not affect the other provisions of the general conditions nor the particular conditions of the different services provided by the IECO Institute of the COSO Foundation through its Website.

12.- APPLICABLE LAW AND JURISDICTION

The established relationships between the IECO Institute of the COSO Foundation and the User shall be governed by the provisions of the civil legislation of Valencia and subsidiarily by the rest of the common legislation that results from application, unless expressly prohibited by the specific legislation on consumers and users.

Regarding to jurisdiction, the IECO Institute of the COSO Foundation and the User will respect the provisions of the rules governing jurisdictional competence. In those cases in which said regulations provide the possibility of the parties submitting to and choosing a jurisdiction, the IECO Institute of the COSO Foundation and the User, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of the city of Valencia.