Article 10 of Act 34/2002 of 11 July on Information Society Services and Electronic Commerce lays down that the service provider in the information society will be obliged to provide the means enabling both the addressees of the service and the competent bodies to access the following information constantly, easily, directly and free of charge:
Domain name: www.metaposta.com
Owner: METAPOSTA, S.A., a company with registered office in Miñano Mayor, Vitoria-Gasteiz (Álava), Parque Tecnológico de Álava, Avenida Albert Einstein, nº 44, Edificio E-6 Bajo, registered in Álava Companies Registry in volume 1464, on sheet 203, page VI- 14.989 and holder of tax code A-01473289 (known henceforth as “METAPOSTA”).
CONDITIONS FOR USE
Sphere, purpose and scope
These provisions (known henceforth as the “CONDITIONS FOR USE”), govern access to and use of the service of the web page which METAPOSTA is making available to users of Internet (known henceforth as the “USER/S”) at domain www.metaposta.com (known henceforth as the “WEBSITE”).
Notwithstanding the above, access to certain content and the use of some of the services that METAPOSTA offers to the USER over the WEBSITE (known henceforth as the “METAPOSTA SERVICES”) could be subject to certain particular conditions (known henceforth as the “PARTICULAR CONDITIONS”) which will, depending on the specific case, supersede, complete and/or modify these CONDITIONS FOR USE and prevail over these in the event of any contradiction. These PARTICULAR CONDITIONS will, if applicable, be available to the USERS on the WEBSITE itself and/or in the functional areas of the METAPOSTA SERVICES to which they refer.
For this reason, before accessing this content and/or using these services, THE USER must carefully read and if applicable accept the PARTICULAR CONDITIONS regulating these in the version published at the time when the aforementioned access and/or use takes place.
METAPOSTA reserves the right to make any modification or update of the content of these CONDITIONS FOR USE as well as the corresponding PARTICULAR CONDITIONS, if applicable, and in general of any aspects involved in the design and layout of the WEBSITE, at any time and with no need for any advance notice.
The CONDITIONS FOR USE published in the last update of the WEBSITE shall be in force, with the ones that are published at that time on the actual WEBSITE being applicable in each visit.
By accessing the WEBSITE the USER expressly and unreservedly agrees to these CONDITIONS FOR USE pursuant to which the system for using this is determined, such acceptance having the same validity and effectiveness as any contract entered into in writing and signed. In the event of the USER not fully accepting these CONDITIONS FOR USE he/she will not be authorised to access the WEBSITE
USER registration and password
When the use of the WEBSITE and/or access to certain content and/or to the METAPOSTA SERVICE requires registering the USER, the latter shall be responsible for providing truthful and lawful information to this end.
As a result of this registration, which will be materialised as established for this purpose at any time by METAPOSTA, the USER will be assigned (i) a “log” identifier and (ii) a password which will allow the latter to start the session at any time as a registered user of the WEBSITE and/or to access the METAPOSTA SERVICES.
The USER shall be obliged to use the identifier and password assigned to him or her properly and be liable for their appropriate safekeeping and confidentiality, undertaking not to assign their use to third parties, either temporarily or permanently, and not to allow third parties access to these.
In any cases of theft or loss of, or unauthorised access to, their identifier and password, the USER shall be responsible for immediately informing METAPOSTA of this circumstance in order for the latter to proceed to cancel this. Under no circumstances shall METAPOSTA be responsible for any actions performed by unauthorised third parties using the USER’S identifier and password until the aforementioned notification by the USER is made.
Economic conditions for access and use of the WEBSITE
Unless it is established otherwise in the PARTICULAR CONDITIONS, if applicable, access to the WEBSITE, to its content and the METAPOSTA services is free of charge, except as regards the cost of connecting to the telecommunications network that the USER has contracted with its provider.
Industrial and Intellectual property rights
All the Industrial and Intellectual property rights over the WEBSITE and its content are legally reserved and access to these or their use by the USER should not be considered as entailing the granting of any licence for use or right over any asset which is held or owned by METAPOSTA and/or by any third parties. This reservation of rights extends to both (i) the external appearance (look and feel) and to the code, design and browsing structure of the WEBSITE; and (ii) to the content that may be included and distributed in any way over the WEBSITE and in particular, to any catalogues or presentations that METAPOSTA includes in the WEBSITE.
Including references in the WEBSITE to trade names, brands, logos or other distinctive signs, whether these are registered or not, either owned by METAPOSTA or by third parties, is subject to prohibition of their use without the express consent of METAPOSTA or their lawful owner.
The USER may consequently only view and use the content and the METAPOSTA SERVICES on a strictly personal and private basis, and on condition that this is not for carrying out commercial or professional measures with those contents and/or METAPOSTA SERVICES.
It is also forbidden to decompile, disassemble, perform inverse engineering on, sublicense or transfer in any manner, translate or perform work resulting from the computer programs required for the operation, access and use of the WEBSITE and/or the METAPOSTA SERVICES. The USER shall in any event refrain from erasing, altering, avoiding or tampering with any protection device or security system that might be installed on the WEBSITE.
Responsibility and guarantees
Whoever uses the WEBSITE does so for their own account and at their own risk. By accessing the WEBSITE, THE USER undertakes (i) not to act in any way that could harm the image, the interests and rights of METAPOSTA or third parties or that could harm, disable or overload the WEBSITE or which could in any way prevent the normal use of this; and (ii) to use this strictly in accordance with the Laws and practice of such traffic.
The USER will consequently answer to METAPOSTA and/or to any third parties for any damages that might be caused as a result of failure to comply with those obligations.
METAPOSTA adopts the security measures that it considers appropriate to keep the WEBSITE working properly and to detect the existence of viruses and harmful components. The USER must nevertheless be aware of the fact that security measures on the Internet are not completely reliable and that METAPOSTA therefore cannot guarantee (i) the ongoing availability of the content and METAPOSTA SERVICES; (ii) the absence of any errors in that content or the correction of any flaw that may occur; (iii) the non-existence of viruses or other harmful elements which could cause alterations to the computer systems (software and hardware) of the USER or to the electronic documents and files contained in these; nor (iv) the infallibility of the security measures adopted.
METAPOSTA furthermore reserves the right to totally or partly break off the service either temporarily or definitively when there are technical changes or breakdowns, previously informing of this, if possible, over the WEBSITE or by any other means set up for this purpose.
Over the WEBSITE, METAPOSTA provides the USER with technical linking devices (such as buttons, links and banners) which could lead the USER to other Internet sites or portals belonging to and/or managed by third parties and over which METAPOSTA does not have any kind of control (known henceforth as the “LINKED SITES”).
The USER must bear in mind that these CONDITIONS FOR USE will cease to be applicable when such linking devices are used and LINKED SITES are accessed from the WEBSITE.
METAPOSTA does not know of or control in any way the content and services included in the LINKED SITES and including an access to these over the WEBSITE does not under any circumstances imply (i) that METAPOSTA recommends or approves of the content and services hosted on the LINKED SITES; and/or (ii) that there is any kind of relationship, cooperation or dependency between METAPOSTA and the party responsible for the LINKED SITE.
METAPOSTA does not therefore assume any kind of liability for the LINKED SITES and consequently does not answer for their operation, the content and services hosted on these, nor for the links contained on those LINKED SITES.
In the event of the USER effectively learning of the unlawfulness or inappropriateness of the content, services or any other activities carried out over a LINKED SITE, he or she would have to immediately inform METAPOSTA of this for the purposes of the latter taking any measures that it might deem fit.
The creation of hypertext links (hyperlinks) on other sites or web pages is authorised on condition that these are directed to the home page http://www.metaposta.com, or if applicable to any other internal page (deep link) of the WEBSITE and that the relevant pages appear in a full window and under their respective URL addresses, assuming the full responsibility and risk which could arise through establishing the hyperlink to the WEBSITE.
It may not in any way be declared on the website or page establishing the hyperlink that METAPOSTA has authorised said hyperlink, unless METAPOSTA had expressly done so in writing.
If the third party inserting the hyperlink on their web page or site wishes to include the trade mark, brand name, trade name, sign, logo or other identification device owned by METAPOSTA and/or referring to the WEBSITE, it will have to have prior, express and written authorisation of METAPOSTA for this purpose.
With no detriment to what is stated above, the presentation of a page of website http://www.metaposta.com in a window of another website not belonging to METAPOSTA by the technique known as “framing” is strictly forbidden unless express consent of METAPOSTA has been obtained for this.
It is also expressly forbidden to insert any kind of content disclosed over http://www.metaposta.com, on any other website or page other than the WEBSITE by means of the technique known as “in line linking”, if the express consent of METAPOSTA has not been obtained for this.
The establishment of a hyperlink in the conditions described above shall not under any circumstances imply the existence of any relations between METAPOSTA and the owner/person in charge of the site or web page on which this hyperlink is set up, nor the acceptance or approval by METAPOSTA of its contents and/or services.
In any event, METAPOSTA reserves the right to prohibit or disable any hyperlink to the WEBSITE at any time, especially in cases of unlawfulness of the activity and/or content of the website or page in which this is included.
The USER has detailed information about the processing of his/her personal data by METAPOSTA available at the following link.
APPLICABLE JURISDICTION AND LEGISLATION
These CONDITIONS FOR USE are subject to Spanish law.