General Terms and Conditions
1. General information about the Affinity Foundation
The website http://www.fundacion-affinity.org/ is managed by Fundación Privada Affinity (hereinafter, the "Affinity Foundation"), a private cultural and charity not-for-profit organisation, holder of TIN G-58508763, set up in 1987 and registered on the Registry of Foundations of the Government of Catalonia under no. 350. The Affinity Foundation is devoted to disseminating the benefits of the ties between people and their cats and dogs.
The Affinity Foundation has its registered offices at:
Plaça Europa 54-56, 08902 L'Hospitalet de Llobregat, Barcelona
Tel.: +34 93 492 70 00
Fax: +34 93 492 70 01
Email: fundacion@fundacion-affinity.org
2. Acceptance and amendments to the General Terms and Conditions of the Website
- Acceptance of the General Terms and Conditions
These General Terms and Conditions govern the use of this Internet website (hereinafter, the "Website") that is made available to the user (hereinafter, the User"). The use of this Website implies the full and unreserved acceptance of each of the General Terms and Conditions that may be in force at any given time by the User on accessing it and, therefore, if the User disagrees with any of the General Terms and Conditions whatsoever, the User must refrain from using the Website.
- Amendments to the General Terms and Conditions
The Affinity Foundation reserves the right to amend these General Terms and Conditions of this Website at any time whatsoever, as well as any of the other general or specific terms and conditions, regulations on its use, instructions or warnings that may apply. Therefore, the User must read these General Terms and Conditions every time this Website is accessed. As a consequence, the User expressly and fully accepts that the access to and use of this Website is undertaken under the sole and exclusive responsibility of the User.
3. Intellectual property
This Website may include, by way of example but not limited to, information, data, contents, texts, documents, advertising materials, drawings, databases, sounds, software, corporate symbols, signs, trademarks, graphic designs, a combination of elements, logos and images, which are protected by intellectual or industrial property rights that the Affinity Foundation holds or is a legitimate licence holder thereof.
Thus, it is strictly prohibited to totally or partially reproduce, publicly disclose, modify, transform, copy, distribute or in any other way exploit or handle both this Website and its information, data, contents, texts, documents, advertising materials, drawings, databases, sound effects, software, corporate logos, distinctive signs, trade names, graphic designs, combinations of features, logos, images and, in general, any other information contained on this Website.
Likewise, it is prohibited to take apart, perform reverse engineering on or, in general, in any way transfer or produce works using the software programs required to run and access this Website and the services offered on it, as well as to exploit these elements in any way whatsoever. Specifically, it is prohibited to create links, hyperlinks, frames or similar links that may be posted on the Website, without the express prior consent of the Affinity Foundation.
4. Use of services and contents
All Users who access this Website must make proper use of its services and contents in line with the philosophy of this Website, as described in this section, and under the principles of good faith and in compliance with current laws.
Therefore, in the case of any services offered or that may be offered on this Website (such as blogs, forums and chats), or through official profiles on Social Media, where the opinions of Users may be posted or where they may store contents, the User undertakes not to publish, divulge, disseminate, disclose or distribute any type of material and/or, in general, information or opinions, whose contents go against the legislation in force, moral conduct or public order, are libellous or pornographic, or that tarnish the reputation and image of the Affinity Foundation or any other third parties.
Users likewise undertake to solely and exclusively perform such actions related to the contents if they lawfully hold the corresponding exploitation rights as provided for by law, namely, the rights to reproduce, distribute, publicly disclose or transform the contents.
Furthermore, it is prohibited to make use of any of the services offered or that may be offered on this Website (such as blogs, forums and chats) for profit or in such a way that involves or may involve damage to or unfair competition against the Website and the Affinity Foundation (that is, conducts such as diverting traffic to another website).
This undertaking also applies to the use of the services offered or that may be offered on this Website. Such use must be in line with the main objective and philosophy of this Website, namely, that the Users may receive and/or share information and experiences about the world of pets and, in particular, about the benefits of the ties between people and their cats and dogs.
The Affinity Foundation may not be held liable for any third party contents (such as comments, photographs, videos, chats, forums, etc.) that are in breach of the above and, likewise, it reserves the right to amend or, if necessary, immediately withdraw such contents or information, without this giving rise to indemnity of any kind to the User responsible for posting such contents or information on this Website.
To this regard, the Affinity Foundation enables the Users of this Website to report and make the Affinity Foundation aware of any abuse, incidents, violation of rights, inappropriate contents or contents that are in breach of the provisions in these General Terms and Conditions that may appear on this Website of which they become aware by writing an email to fundacion@fundacion-affinity.org. Users must give a brief description of the reasons for their complaint or of the incident in question. In this regard, the User is hereby informed that the personal data of the informant and the accused may be transferred by the Affinity Foundation for the purposes of investigating the abuse, incident, content or breach reported and deciding whether the competent public authorities should be made aware of this, in which case the data referred to shall be disclosed to the public and/or judicial authorities, and to law enforcement bodies and agencies. Notwithstanding this possibility of divulging and reporting information offered by the Affinity Foundation, the User may use other systems for divulging and reporting information contained on the Social Media on which the Affinity Foundation has created official profiles.
The User is hereby informed that the contents on this Website stored by the User as a consequence of using this Website shall imply the assignment free of charge for an indefinite period to the Affinity Foundation of all of the exploitation rights over the contents referred to, that is, the rights to reproduce, distribute, publicly disclose and transform such contents.
5. Social media
The processing of the data of Users who become followers of the official profiles of the Affinity Foundation on Social Media shall be governed by the terms and conditions provided for in the Privacy Policy and, subsequently, by the privacy policies, and terms and conditions of use that may be established by the Social Network used.
The Affinity Foundation shall process the data of the Users who become followers or fans of any of the abovementioned profiles, for the purposes described in the Privacy Policy, as well as for the purposes of properly managing the aforementioned profiles and finding out the opinions and/or comments of Users. By becoming a fan or follower, the Users consent to their data being processed in line with the purposes set out in the environment of the Social Network concerned.
The Affinity Foundation may remove any information or content from its profile that goes against the rules set out in the general terms and conditions of use of the Social Network in question, as well as against the provisions set out in these General Terms Conditions.
Users may exercise their rights of access to, rectification, erasure, to object, restriction of processing and data portability of their data at any time, in the way described in the section "Rights of Users" in the Privacy Policy. In any event, Users may delete their follower status on the official sites of Social Media by following the steps set out in the terms and conditions of use of any given Social Network, in which case the Affinity Foundation shall not be able to intervene in this process. Users are likewise reminded that any modifications or amendments to their data on Social Media must be made through their user settings, as the Affinity Foundation is unable to make such changes.
In order to submit any queries related to the way the Social Media on which the Affinity Foundation has official profiles process the personal data of followers, the User may contact the Affinity Foundation at the following email address: fundacion@fundacion-affinity.org.
6. Release of liability
The Affinity Foundation provides its users with pieces of information, which, despite being compiled by experts in the sector and the diligence taken in drawing them up, may contain inaccuracies or errors, or they may not be up to date when the User accesses them. Therefore, having made the User aware of potential inaccuracies in the content of this Website, the Affinity Foundation may not be held liable for damages arising from the hypothetical lack of reliability, completeness and/or relevance of the contents, in addition to possible typing errors, shortcomings or flaws in figures that may be posted on the Website.
Furthermore, the Affinity Foundation may not be held liable for service outages, malfunctions or problems with data network connections through which this Website is accessed, whatever the origin of the malfunction.
The Affinity Foundation is unable to guarantee that the contents on this Website are suitable or available outside of Spain. Should all or part of the contents on this Website be considered illegal in countries outside Spain, their access and use by Users shall be prohibited and, in the event that they do access them, the User shall be solely responsible for their use.
The use that may be made of the information and contents that appear on this Website and/or access to other third-party websites through the links posted on this Website shall remain the sole responsibility of the Users who perform such actions. Under no circumstances may the Affinity Foundation be held liable for any damages that may be sustained from such use or activities.
As a consequence, the User expressly and fully accepts that the access to and use of this Website is undertaken under the sole and exclusive responsibility of the User.
7. Applicable law and jurisdiction
These General Terms and Conditions and any matters related to their interpretation, performance or non-performance shall be governed by Spanish law, notwithstanding any EU regulations and international treaties to which they may be subject.
Furthermore, the Affinity Foundation and the User submit, with express waiver of any other jurisdiction to which they may have recourse, all matters, incidents or disputes that may arise related to this Website, to the Courts and Tribunals to which the Affinity Foundation is subject by virtue of its registered address as stated above, notwithstanding any other jurisdictions to which it may be subject by virtue of the application of EU Regulation 44/2001 or any other EU regulations and international treaties to which it may be subject.