1. Identity of the owner of this website
In accordance with Law 34/2002, of 11th July, on Services of the Electronic Commerce and Information Society, we inform you that the owner of www.fabrika.eus is:
Company name: FABRIKA
Tax ID Code:
Address: Paseo Mikeletegi, 52 20009 San Sebastián.
2. General conditions of use of this website.
Access to this website attributes the condition of “User” (hereinafter, “user”), implying your express acceptance and without reservations of the general conditions published on www.fabrika.eus at the time you access the website. Therefore, the user must read these general conditions of use each time he/she intends to access and use the services provided through this website, as these conditions may be modified.
In this sense, “User” is the person who accesses, browses, uses or participates in the services and activities provided on https://www.fabrika.eus.
FABRIKA reserves the right to deny or withdraw access to its website, at any time and without prior notice, to those users who do not comply with these General Conditions or the Particular Conditions that may be applicable.
2.1. Purpose and Scope of Application.
These general conditions of use regulate access, navigation and use of www.fabrika.eus as well as the responsibilities derived from the use of its contents such as texts, graphs, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property.
FABRIKA may establish specific conditions that will be applicable to the use and/or contracting of specific services, whereby these general conditions are of supplementary application.
2.2. Conditions of access and use of services.
Access to www.fabrika.eus is in principle open and free of charge. Nevertheless, a large part of the services and contents are for the exclusive use of the people who participate in the project in any of its forms and profiles, and it may occur that in some cases there may be special conditions created for this purpose that FABRIKA will make available to them prior to contracting the services.
At all times, the User must make lawful use of the services of this website, in accordance with these general conditions, current law, morality and public order as well as generally accepted practices on the Internet.
The User shall refrain from any harmful or aggressive behaviour in relation to this website, such as, for example, the introduction of viruses, programmes, macros or any sequence of characters with the aim of damaging or altering the computer systems of this website; any action aimed at hindering the access of other users through the mass consumption of resources (known as DNS attacks); any scraping action or other forms of data capture included on this website for advertising purposes.
Likewise he/she will refrain from reproducing, copying, distributing, transforming or making available to third parties the contents included in this website; carrying out actions through the services included in this website that may damage intellectual property, industrial secrets, contractual commitments, right to honour, image and personal privacy of third parties; performing actions of unfair competition and illicit advertising
Any action detected by FABRIKA and which is aimed at any of the aforementioned purposes may be pursued in the appropriate instances, with FABRIKA taking the legal action approved by its management bodies at the appropriate time
2.3. Contracting services and registering on the website
If, in order to use and/or contract a service on www.fabrika.eus, the user must register, he/she will be responsible for providing truthful and lawful information. If, as a result of the registration, the User is given a password, he/she agrees to make diligent use of this password and keep it secret to access these services. Consequently, Users are responsible for the proper custody and confidentiality of any usernames and/or passwords provided to them and undertake not to allow their use by third parties, either temporarily or permanently, or to allow their access to other people. The User shall be responsible for the unlawful use of the services by any illegitimate third party who uses a password for that purpose due to a non-diligent use or loss of the same by the User. In cases of theft, loss or unauthorised access to your passwords, the User will be responsible for immediately notifying FABRIKA in order to proceed to cancel them. Under no circumstances shall FABRIKA be responsible for the actions carried out by unauthorised third parties whilst the aforementioned notification has not been made by the User.
The specific conditions for contracting the different services offered on this website will be published in each case when these services are offered
3. Intellectual and industrial property rights.
FABRIKA is the owner of the intellectual and industrial property rights of all the elements that make up www.fabrika.eus, including the trademark, trade name or distinctive sign. In particular and without limitation, they are protected by copyright, rights to graphic design, source code, logos, texts, graphics, illustrations, photographs, sounds and other elements contained on a website.
Under no circumstances does access or navigation on www.fabrika.eus, imply the waiving, transmission or total or partial licensing of FABRIKA for personal use to the User of his/her intellectual and industrial property rights.
Therefore, the User acknowledges that the reproduction, copying, distribution, commercialisation, transformation, reuse, public communication and in general, any other form of exploitation, by any procedure, of all or part of the contents of www.fabrika.eus, without the express written permission of FABRIKA, constitutes an infringement of its intellectual and/or industrial property rights.
All information that does not have the status of personal data transmitted voluntarily to www.fabrika.eus over the Internet (including any observations, suggestions, ideas, diagrams, etc.) will become the exclusive property of FABRIKA which will hold the unlimited rights of use, without incurring any compensation in their favour, or in favour of any other person.
4. Liability and guarantees.
FABRIKA does not guarantee the legality, reliability, utility, veracity or accuracy of the services or the information included in www.fabrika.eus therefore, it excludes any direct or indirect liability for damages of any nature, derived from failure to meet the utility or expectations that the User has placed in it.
FABRIKA states that it has adopted both technical and organisational measures which, within its possibilities and the state of technology, allow the correct operation of the website, as well as the absence of viruses and harmful components, however it cannot be liable for: (a) Continuity and availability of the contents and services contained on www.fabrika.eus (b) absence of errors in said contents or correction of any defects that may occur; (c) absence of viruses and/or other harmful components on www.fabrika.eus; (d) impregnability of the security measures that have been taken; (e) damages caused by any person who violates the security systems of www.fabrika.eus .
The User will be solely responsible to third parties, for any communication sent personally or in his/her name to www.fabrika.eus, as well as the illegitimate use of the contents and services contained in this website.
FABRIKA reserves the right to temporarily suspend, without prior notice, access to www.fabrika.eus due to maintenance, repair, update or improvement operations. Whenever circumstances allow, FABRIKA will publish on its website, in sufficient time, a notice indicating the expected date for the suspension of services
Links to other web pages that may exist on www.fabrika.eus may lead to websites for which FABRIKA accepts no responsibility, since it has no control over them, whereby their purpose is to inform the User about other sources of information, therefore, the User accesses the content under his/her sole responsibility and the conditions of use that govern them.
5. Duration and modification.
FABRIKA reserves the right to modify, either totally or partially, these general conditions of access, publishing the changes on www.fabrika.eus
It may also make changes to the website without prior notice, and may change, delete or add both the content and services it provides, as well as the way in which they appear or are located. Consequently, the general conditions that are published at the time the user accesses www.fabrika.eus shall be understood to be in force, so the user must periodically read these conditions of use, and specifically when he/she is about to contract or access any of the services
Irrespective of the provisions in the specific conditions, FABRIKA may terminate, suspend or interrupt, at any time without notice, access to the contents of the website, without the possibility of the User demanding any compensation.
6. Applicable legislation and jurisdiction.
Relations established between FABRIKA and the User shall be governed by the provisions in current legislation regarding the applicable law and competent jurisdiction.
However, in cases where the law provides for the possibility of the parties submitting to a jurisdiction, FABRIKA and the User, expressly waiving any other jurisdiction that may correspond, shall submit to the Courts and Tribunals of the city of Donostia - San Sebastián.