Last updated: January 19, 2022
The website https://www.gemserpublications.com/ (hereinafter, the “Web”) belongs to GEMSER PUBLICATIONS, S.L. (hereinafter, “GEMSER”) with N.I.F. B-61976270 and domicile in Calle Castell, n.º 38 – 08329 Teià (Barcelona), duly registered in the Mercantile Registry of Barcelona in Page B-199687, Volume 31724, and Sheet 55.
By using the Web, the user accepts these terms and conditions (hereinafter, the “Terms and Conditions”) and agrees to use the Web, as well as the services and content hosted, in accordance with the present Terms and Conditions of Use and under your sole and exclusive responsibility.
1. Identification of the Parties
The Terms and Conditions are signed, on the one hand, by GEMSER and, on the other, by the user interested in the services offered through the Web (hereinafter, the “User”), whose personal data are those that it has provided to the Web and/or that derived from the previous relationship with GEMSER.
The access and/or use of the Web attributes to the person the condition of User, who accepts, from its access and/or use, the Terms and Conditions of Use reflected here.
2. Purpose and scope of application
These Terms and Conditions regulate the access, navigation and use of the Web by the User.
By accessing and/or using the Website, the User accepts the Terms and Conditions and executes it at their own risk. The User agrees to use the contents, information and data of the Web in accordance with these Terms and Conditions, with the rest of the policies accessible through the Web, with the applicable regulations, with generally accepted good customs. and with public order.
3. Availability of the Web
The Web is available to all Users with Internet access.
GEMSER strives to always make the Web available. However, access to the Web is made through an Internet connection, so that its quality and availability may be altered by factors beyond GEMSER’s responsible control.
GEMSER is not responsible for the unavailability of the Website, for the impossibility and/or difficulties of downloading or accessing the content, or for any other failure in the communication system that could cause its unavailability.
4. Access and Use of the Web
4.1. Web access
The access and use of the Web are free, except for the cost of the connection through the telecommunications network provided by the access provider contracted by each User.
The access to the Web, as well as the non-consensual use that may be made of the information contained therein is responsibility of the person who performs it.
4.2. Use of the Web
The User assumes responsibility for the use of the Web. This responsibility extends to the registration that is necessary to access certain services or content. In that registration, the User will be responsible for providing truthful and lawful information. As a consequence of this registration, the User may be provided with a password for which he will be responsible, committing himself to make diligent and confidential use of it.
GEMSER will not be liable for any consequence, damage or harm that may arise from said access, use or breach of these Terms and Conditions, nor will it be responsible for any security errors that may occur or for any damages that may be caused. to the computer system and/or mobile operating system of the User (hardware and software) or to the files or documents stored therein as a result of: (i) the presence of a virus on the User’s device that is used to connect to the services and/or products offered by GEMSER through the Web; (ii) a malfunction of the browser; and (iii) the use of non-updated versions of the same.
5. Rules of Use of the Web for Users
In this sense, the User agrees to:
- Provide truthful information about the data requested in the forms enabled by GEMSER for access to certain content or services offered through the Web and keep them updated. GEMSER reserves the right, without prejudice to other legal measures at its disposal, to withdraw, deny or suspend access to the Web, if the data provided is or may be false, inaccurate or misleading. In any case, the User will be fully responsible for the data or content that he transmits or communicates to GEMSER. In this sense, the User assumes responsibility for damages that may arise from improper use of the same.
- Not to use the Web or any of the elements that comprise it, to develop timeshare operations, to become a provider of software applications services to the extent that they are oriented to make possible third-party access to the platform or any of its components, through rental operations, administrative services or any other of similar consideration, sharing them or making them available to third parties.
- Do not use the Web to collect personal data from other Users.
- Do not use the Web as a system for the management and exchange of information and/or illegal documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
- Not carry out acts of reverse engineering, taking requirements and other activities aimed at developing an online platform identical or like the one made available by GEMSER, this activity may be considered as an act of unfair competition and violation of the rights of Intellectual and industrial property that GEMSER holds on the Web.
- Do not subject the Web to workloads that are clearly aimed at destabilizing it, including denial of service (DDoS) attacks or similar situations. In case of detecting this type of situation, the level of service indicated above will not be applicable, being considered an emergency.
- Not withdraw, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that GEMSER, as the legitimate owner of the rights, incorporates into its properties in terms of intellectual or industrial property (for example, copyright, ©, ® and TM), either on the platform itself or in the associated material.
- Not cause damage to the physical and logical systems of GEMSER, its suppliers or third parties; introduce or spread computer viruses or any other physical or logical systems that are likely to cause the damage.
- Inform GEMSER of any event or situation that may have occurred that could jeopardize access security by authorized users.
- Not prevent the normal development of an event, contest, promotion or any other activity available through the Web, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of those, or falsifying the result thereof and/or using fraudulent participation methods, through any procedure, and/or through any practice that violates or violates these Terms and Conditions in any way.
- Refrain from using the contents of the Web for illicit, prohibited, or contrary purposes or effects to those established herein, harmful to the rights and interests of GEMSER, other users, third parties or that in any way may damage, disable, overload or deteriorate this website or prevent the normal use or enjoyment of it by users.
- Refrain from forcing failures or security breaches on the Web.
6. Links to other websites
In case of accessing other networks or computer resources, the User agrees to be bound by the provisions of the corresponding privacy policies. Consequently, GEMSER is not responsible for the content, or the security measures adopted by them.
Likewise, the absence of viruses or other elements of the content linked from the Web that may cause alterations in the computer system (hardware and software) in the User’s documents or files is not guaranteed, excluding GEMSER from any liability derived from the damages of any kind caused by all the above.
In any case, GEMSER will proceed to the immediate withdrawal of any link when the contents to which it redirects may contravene national or international legislation, morality or public order. Likewise, the inclusion of these external connections will not imply any type of association, merger, or participation with the connected entities.
7. Exclusion of guarantees and responsibility
GEMSER does not guarantee the permanent availability of the services offered on the Web, although it will make its best efforts to guarantee their regularity and proper functioning. To this end, GEMSER declares that it has adopted and will adopt all necessary and reasonable measures, within its possibilities and the state of technology, to guarantee the correct functioning of the Web.
However, GEMSER does not assume any responsibility for the damages that may arise from disconnections, interferences or interruptions that may occur in access or browsing the Web, nor for the damages that may be derived for the User or for third parties of the existence and spread of computer viruses or other harmful elements.
GEMSER also assumes no responsibility for errors or omissions that may be in the content of the Web, nor for the actions that the User may take on the basis of that content.
8. Modification of the Terms and Conditions
GEMSER reserves the right to make, without previous notice, the modifications it deems appropriate in these Terms and Conditions, being the responsibility of the User to read them carefully, each time he wishes to use the Web in order to check or make sure of the existence of modifications or changes to them, taking as reference the date of the last update. GEMSER can change, delete or add both the content and services provided through it and the way in which they are presented or located on the Web.
9. Intellectual and industrial property
The User acknowledges and accepts that all the industrial and intellectual property rights of the Web, including the contents and/or any other elements inserted by GEMSER on the Web (including, by way of example and not limitation, all those elements that make up the visual appearance, graphic image and other sensory stimuli that make up the Web or “look and feel”, brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, navigation architecture, as well as the source codes), belong exclusively to GEMSER and/or third parties who have legitimately assigned their rights to it. For such purposes, a Web will be understood to be all those creations incorporated and expressed by GEMSER by any means and/or tangible or intangible medium, known or to be known, that is the object of protection by the current regulatory provisions on intellectual and industrial property.
The mere viewing, printing, downloading or temporary storage, either in whole or in part, of the contents and/or elements inserted by GEMSER on the Web is authorized exclusively for personal, private and non-profit use by the User, provided that, in any case, the origin and/or author of the same is indicated and that, where appropriate, the copyright symbol and/or industrial property notes of their owners appear. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by GEMSER or the third-party owner of the affected rights.
The use of such elements, their total or partial reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration, decompilation and/or any other act of exploitation of the Web and, whose rights to image, you have your right to exploit GEMSER. For any other use other than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights in question.
These Terms and Conditions do not confer on the User any other right of use, alteration, exploitation, reproduction, distribution, or public communication of the Web, and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by GEMSER or the third-party owner of the affected rights.
Notwithstanding the foregoing, if the User considers that any content on the Web could violate intellectual and industrial property rights, we ask that they bring this to our attention as soon as possible, by sending an email to the address firstname.lastname@example.org.
10. Data Protection
GEMSER complies with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, the “GDPR”), in Organic Law 3/2018, of December 5th, on Protection of Personal Data and guarantee of digital rights (hereinafter, the “LOPDGDD”), and other regulations in force in every moment, and ensures the correct use and treatment of the User’s personal data.
GEMSER will contact to the User by email or provide information by posting notices on the Web. For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that we send him electronically comply with the legal requirements.
The communications that the User sends us, should preferably be made via email to the address email@example.com. You can also send a communication to the attention of GEMSER to the address Calle Castell, nº 38 – 08329 Teià (Barcelona), REF: “GEMSER Web”.
12. Applicable law and competent jurisdiction
Current regulations will determine the laws that should govern and the jurisdiction that must know of the relations between GEMSER and the User.
However, in those cases in which said current regulations provide for the possibility for the parties to submit to a specific jurisdiction, GEMSER and the User, expressly waiving any other jurisdiction that may correspond to them, will submit to Spanish legislation and the Courts and Tribunals of Barcelona.