GENERAL TERMS AND CONDITIONS REGARDING THE ACCESS AND USE OF THE ECOVIDRIO PORTALS

I. PURPOSE

II. ACCESS AND SECURITY

III. CORRECT USE AND NATURE OF THE CONTENTS AND SERVICES

IV. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

V. CONTENT PROPERTY RIGHTS

VI. PRIVACY POLICY

VII. JURISDICTION AND APPLICABLE LAWS

 

I. PURPOSE

This legal notice regulates the use of the portals and/or websites belonging to SOCIEDAD ECOLÓGICA PARA EL RECICLADO DE LOS ENVASES DE VIDRIO [ECO-FRIENDLY SOCIETY FOR GLASS RECYCLING] (hereinafter, ECOVIDRIO), including www.banderaverde.es, which has been designed to inform the public about both corporative information and information regarding glass recycling, and to ensure that a series of services (contests, games, etc.) related to this subject (hereinafter, the Contents) be made available to them.

ECOVIDRIO has its registered office in Madrid, calle Estébanez Calderón, 3-5 (4ª planta) 28020 de Madrid and is registered with the Registro Nacional de Asociaciones [Spanish National Registry of Associations] of the Spanish Ministry of Domestic Affairs with National Number 160,493. If you wish to contact ECOVIDRIO, you can do so by calling (+34) 914 118 344 or at the following email address: info@ecovidrio.es.

The use of our Portals and/or websites means being considered a User, which implies the acknowledgement and acceptance by the User of the present conditions on the published version in the exact moment in which any of these Portals and/or websites are accessed. ECOVIDRIO reserves the right to modify, at any time, the presentation and configuration of our Portals, as well as the General Terms and Conditions of Access and Use thereof. For this reason, ECOVIDRIO recommends the User to read these General Terms and Conditions carefully every time they access any of our Portals.

Access to some of the Contents offered through our Portals may be subject to certain Specific Conditions of our own that, depending on the case, substitute, complete and/or modify these General Terms and Conditions. Therefore, before accessing and/or using such Contents, the User must also read the corresponding Specific Conditions carefully.

 

II. ACCESS AND SECURITY

In general, Users can access our Portals freely and free of charge. However, ECOVIDRIO reserves the right, according to current legislation, to limit access to certain areas of our Portals, for which the User must register, providing all the information requested, which should be real and up-to-date (see privacy policy).

 

III. CORRECT USE AND NATURE OF THE CONTENTS AND SERVICES

Normally, Users can access our Portals and/or websites and use the Contents included on them at no cost. Nevertheless, ECOVIDRIO reserves the right to change any of their free Contents to paid Contents and offer new ones at a cost, whether they are supplied by ECOVIDRIO or by third parties, under their responsibility and in the manner that they deem necessary within their corresponding “Specific Conditions”.

The User agrees to use the Contents in accordance with the Law, with these General Terms and Conditions as well as with morality and generally accepted good conduct and public order.

The User agrees to use the Contents in a diligent, legal, correct and lawful manner and, in particular, agrees to refrain from:

  1. Using the Contents in a manner or for purposes that are contrary to the Law, morality and generally accepted good conduct or public order.
  2. Using the Contents in a manner that causes or may cause effects contrary to the Law, morality and generally accepted good conduct or public order.
  3. Reproducing, copying or distributing the Contents or permitting public access to them via any public disclosure means, transforming or modifying them, unless it has been authorised by the holder of the corresponding rights or in the case that it is legally permitted.
  4. Breaching the intellectual and industrial property rights of ECOVIDRIO or third parties, especially those corresponding to the brand “ECOVIDRIO” as well as the domain names “www.ecovidrio.es”, “www.ecovidrio.com”, “www.superrecicladores.com” and “www.tomanotareciclavidrio.es”.
  5. Using the Contents and, in particular, the information of any type obtained through our Portals and/or websites with any kind of advertising purposes and, especially, to send advertising material, communications with direct-sale purposes or with any other kind of commercial purpose, unsolicited messages directed to individuals or to a group of people, or commercialising or disclosing said information by any means.

The User shall be liable for damages of any nature that ECOVIDRIO may suffer, directly or indirectly, as a result of breaching any of the obligations under these General Terms and Conditions or the Law, regarding the use of our Portals and/or websites.

ECOVIDRIO shall ensure the compliance of current legislation at all times, and shall be entitled to discontinue the Contents, at its sole discretion, or ban the User from our Portals and/or websites if (i) the User commits an alleged offence, whether by act or omission, specified by any regulation, whether criminal, administrative or otherwise, (ii) there is an alleged commission of any act or omission contrary to the Law, and (iii) if any conduct was observed that, according to ECOVIDRIO, is contrary to morals, public order, good conduct or the internal rules of ECOVIDRIO or its partners, or that may disrupt the proper functioning, image, credibility and/or reputation of ECOVIDRIO or its partners. In any case, ECOVIDRIO has no obligation to control, and does not control, the contents transmitted, distributed or made available to third parties by Users or its partners, except in cases where it is required by current legislation or when required by a competent Judicial or Administrative Authority.

 

IV. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

ECOVIDRIO reserves the right to interrupt access to our Portals and/or websites, as well as the provision of any or all Contents provided through them at any time and without prior notice, for technical, security, control or maintenance reasons, power failure or any other cause.

Consequently, ECOVIDRIO does not guarantee the reliability, availability or continuity of our Portals and/or websites or its Contents, so the use thereof by the User shall be carried out at their own risk. Therefore, ECOVIDRIO shall not be held accountable for any of the reasons mentioned above, in any event whatsoever.

ECOVIDRIO shall not be held liable for the suspension of services, delays, errors or malfunctioning of our Portals and/or websites and, in general, any other inconveniences whose origin is beyond ECOVIDRIO’s control, and/or due to the User’s negligence or wilful misconduct and/or due to a Force Majeure cause. Notwithstanding the provisions stipulated in Article 1105 of the Spanish Civil Code, and for the purposes of these General Terms and Conditions, all incidents beyond ECOVIDRIO’s control shall also be considered Force Majeure, such as: third party, operator or service provider failures, governmental actions, lack of access to networks by third parties, acts or omissions by Public Authorities or any other events caused by forces of nature, power outages, etc., as well as attacks by hackers or third parties specialised in computer system security and integrity, provided that ECOVIDRIO has adopted all existing safety measures in line with state-of-the-art technology. In any case, regardless of the cause, ECOVIDRIO shall not be held liable for any direct or indirect damages, consequential damages and/or loss of profit.

ECOVIDRIO shall not be liable for damages of any kind that may be caused by a lack of truthfulness, accuracy, completeness and/or topicality of the Contents transmitted, distributed, stored, made available or received, obtained or accessed through our Portals and/or websites, or for the Contents provided or offered by third parties or entities. ECOVIDRIO shall attempt, as much as possible, to update or amend any information displayed on our Portals and/or websites that does not meet a minimum veracity warranty. However, it shall be exonerated of responsibility for failing to update or amend the mentioned information or for the Contents and information added by third parties to the website.

The legislation included on our Portals and/or websites has been chosen according to the relevance that ECOVIDRIO considers it to have. Therefore, the legislation that is considered to be of most interest for Users is displayed on our Portals and/or Websites. In any case, ECOVIDRIO expressly declares that this list of regulations is not intended to be complete or exhaustive, which exonerates ECOVIDRIO of any responsibility for the lack of accuracy or topicality of such legislation, whether it be national or international, or for not including on our Portals and/or websites other legislation that could be considered relevant by any third party.

ECOVIDRIO does not guarantee or assume any kind of responsibility for damages suffered due to the access to third party Contents through connections or hyperlinks of linked sites except for the hyperlinks that direct the User to another one of our own Portals and/or websites. The purpose of the links that appear on our Portals is, exclusively, to inform the User about the existence of other sources of information on the Internet, where the User can find additional information on the data offered on our Portals and/or websites. Under no circumstances shall ECOVIDRIO be responsible for the results obtained through such links or the consequences derived from access by Users to them. These Contents by third parties are provided by them, which is why ECOVIDRIO cannot control and does not control the lawfulness of the Contents or the quality of the services offered. Consequently, the User must exercise caution in assessing and using information and services available in third-party Contents.

ECOVIDRIO shall not be liable for damages of any kind that may result from the presence of viruses or the presence of other harmful elements in the Contents that may cause alterations in the computer systems as well as in documents or other systems stored therein.

ECOVIDRIO shall not responsible for the Contents, whatever they may be, that Users send ECOVIDRIO through our Portals and/or websites, by e-mail or any other means. Therefore, it will be the Users who shall be considered liable for the Contents that they submitted. For the specific case of Personal Data, please refer to the Privacy Policy.

ECOVIDRIO shall not be responsible for the use of the Contents on our Portal and/or websites, passwords, or any other material contained on the Portal and/or websites by the User, which may suppose a breach of any kind of national or international regulations, intellectual or industrial property rights or any other third-party rights.

 

V. CONTENT PROPERTY RIGHTS

All Contents included on our Portals and/or websites that could be subject to being protected by intellectual and industrial property legislation, such as text, graphics, photographs, trademarks, logos, icons, images, as well as graphic design, source code and software, are exclusive property of ECOVIDRIO or third parties, whose rights are recognised by ECOVIDRIO when applicable.

Unless express authorisation by their holder, using any elements under intellectual and industrial property rights with any kind of purpose, especially commercial, as well as distribution, public disclosure, modification, alteration, transformation or decompilation is strictly prohibited. ECOVIDRIO allows Users to download photos and logos through our Portals and/or websites, which Users can view, copy and store on their computer’s hard drive or any other hardware as long as it is, solely and exclusively, for personal and private use. Therefore, any use for commercial purposes, distribution, modification, alteration or decompilation or exercising any other exploitation rights is strictly prohibited. Breaching any of these industrial and intellectual property rights may constitute a breach of these provisions, as well as an offence under Article 270 and following ones of the Spanish Criminal Code.

Those Users who send, through our Portals and/or websites, remarks, information, opinions, tunes, comments or any type of contents by email or any other means, in those cases where it is possible to do so because of the nature of services or contents, are understood to authorise ECOVIDRIO for the reproduction, distribution, public disclosure, transformation, and to exercise any other exploitation right regarding such contents, for as long as the copyright allows to do so legally and without geographical limits, except when expressly stated by the User otherwise. It is also understood that this is a free-of-charge authorisation.

 

VI. JURISDICTION AND APPLICABLE LAWS

All legal disputes or issued that concern our Portals and/or websites shall be governed by Spanish Law. The Courts of the city of Madrid (Spain) shall have exclusive jurisdiction for the resolution of all disputes arising from or pertaining to the use of our Portals.