LEGAL NOTICE

GENERAL TERMS AND CONDITIONS OF USE
 

The website sculpturesgalleryonline.com is the official website of the Instituto Internacional de Escultura, owned by the company MSF COMERCIO INTERNACIONAL SOCIEDAD LIMITADA, registered with the Commercial Registry of Asturias, at volume, 4010 book 46, sheet AS-44742 entry 1 with registered address in  Spain, holding Spanish Company Tax Identification Code no. B74339516
 

INTELLECTUAL PROPERTY RIGHTS


Al information and contents of this website, including without limitation any and all texts, graphics, photographs, logos, icons, images as well as graphic design, both individually and taken together as an integrated aesthetic whole, are the exclusive ownership of Instituto Internacional de Escultura and are subject to copyright and other intellectual property protection under section 12 of the Royal Legislative Decree 1/1996, of 12 April, whereby the amended and restated text of the Spanish Law on Intellectual Property was approved.
Any unauthorised use of all or part of said works or contents amounts to an infringement of the above mentioned legal provisions, and may constitute a crime punishable in accordance with the provisions of Sections 270 et seq of the Spanish Criminal Code. Any use, reproduction, modification, distribution, transmission of, or tampering with, any of the above elements, as well as any use exceeding a normal use as necessary to visit the website and use the Services offered therein, is strictly forbidden.


Access to this Website does not entail any waiver, transfer or assignment, in whole or in part, of any of the above mentioned intellectual property rights, nor does it confer any rights to use, alter, exploit, reproduce, distribute, broadcast or publish any such contents without the prior written authorisation of the relevant owners of such rights, save for the right to view and to obtain temporary private copies for back-up purposes, provided said right is exercised under and in accordance with the principle of good faith and provided always that said intellectual property shall remain unaltered, and shall not be used for any commercial purposes but solely for the user or client personal information regarding the services offered.
All liability arising from the use of materials protected by the intellectual property rights contained in this Website shall lie exclusively with the user.


Instituto Internacional de Escultura hereby disclaims any liability with respect to the information of, or the access to, web pages or sites outside of the sculpturesgalleryonline.com website, and not directly managed by the company.


Hypertext links contained in the Website are solely intended to inform the user of the existence of other sources of information on the Internet, where the user may expand the data offered by this Website. Galleria Esculturas shall not be held liable for any results obtained through any such links or for any consequences arising from the user’s access thereto.


Please read carefully the following General Terms and Conditions. Your access to this Website and/or any of its pages (hereinafter, the “Website”) entails your consideration as User and you are thereby presumed to accept and abide by these General Terms and Conditions. Access to any one or more of the pages in this Website may be limited by applicable laws of third-party jurisdictions.


The information contained in this Website, including that relating to its products and services, is intended for use basically among persons, whether individuals or legal entities (hereinafter “Persons”) resident in Spain or in the European Economic Area, so that Instituto Internacional de Escultura hereby disclaims any liability for the access of any persons in or from jurisdictions in which said distribution or use may be contrary to applicable laws or regulations. Some of the products or services may not be available or authorised in all jurisdictions or for all Persons outside the scope of the European Economic Area.

 

LIABILITY AND WARRANTY OF INSTITUTO INTERNACIONAL DE ESCULTURA
CONTENTS


Instituto Internacional de Escultura has obtained the information and materials included in this Website from sources considered as reliable; while reasonable measures have been taken to ensure that the Information contained is correct, Instituto Internacional de Escultura makes no warranty, express or implied, as to its accuracy, completeness or up-to-dateness, and accordingly it should not be relied upon as being accurate, complete and up to date. Instituto Internacional de Escultura expressly waives any liability for errors or omissions in the information contained in the pages of this Website.


Instituto Internacional de Escultura reserves the right to amend, suspend, cancel or restrict the content of this Website, the hyperlinks and/or the information obtained through it, without prior notice.


In no event shall Instituto Internacional de Escultura and/or its directors, employees or authorised representatives be liable for any damages, losses, claims or expenses of any kind, whether or not arising from the use of the Website, of the Information acquired or accessed to there through, for computer viruses, operating bugs or interruptions in the services or in the transmission, downtime or connection failures, whether by direct connection or through any other means, and the users are hereby advised that any of the above may occur.
It is strictly forbidden to transmit or send through this Website any illegal or illicit content, computer virus or, in general, any messages infringing upon any rights of Instituto Internacional de Escultura or third parties.


Instituto Internacional de Escultura does not hold itself responsible and shall not be liable for any websites not owned by it to which it may be possible to access through hyperlinks or for any content made available by third parties. Any use of such links or access to such non-proprietary websites is made of the user’s own will and at his/her sole risk. Instituto Internacional de Escultura does not recommend or guarantee any information obtained through any such links, nor shall it be liable for any claims, losses or damages arising from use or misuse of such links or of the information obtained there through, including any other hyperlinks or websites, for the interruption of service or access, or from any attempt to use or misuse any hyperlink, whether upon accessing the Website or upon accessing the information of other websites from our Website.


Occasionally, this Website will use Cookies, small data files generated in the user’s computer and which allow for the following information to be obtained:


- Date and time when the user last accessed the Website;
- Design of contents chosen by the user on his/her first visit to the Website.
- Safety elements involved in the control of access to restricted areas.


The user has the option to avoid the generation of Cookies, by selecting the relevant option in his/her web browser, though disabling cookies may affect the correct operation of the website.

 

APPLICABLE LAW AND JURISDICTION


These General Terms and Conditions shall be governed by Spanish law and more particularly by the Organic Act 15/1999, of 13 December, on the Protection of Personal Data, by the Royal Legislative Decree 1/2007, of 16 November, whereby the amended and restated text of the Spanish General Law on the Defence of Consumers and Users was approved, by Royal Legislative Decree 1/1996, of 12 April, whereby the amended and restated text of the Spanish Law on Intellectual Property was approved, Act 23/2002, of 11 July, on the Services of the Information Society and Electronic Trade, and for issues not covered therein, by the Spanish Commercial Code and the Spanish Civil Code, insofar as applicable.
 

PRIVACY POLICY:


1. Instituto Internacional de Escultura has designed a Privacy Policy, establishing the necessary means and procedures to implement it.


Pursuant to the Organic Act on the Protection of Personal Data (LO 15/1999, of 13 December), personal data are deemed to be “any information concerning identified or identifiable individuals”.


The only personal data to which Instituto Internacional de Escultura shall have access shall be those voluntarily provided by the user. In this respect, the user is advised that, for the acquisition, registration and login for some of the products or services provided through our Website, he/she will be requested to provide personal data. In the events and with respect to the data where it is so expressly specified, if the user/client fails to provide the necessary data, he/she will not be able to access or use said services and contents. By way of example, he/she may be requested to provide identification details and any other data that, on a case by case basis, may be required by law or in practice to provide the information or service requested. Voluntary data are collected by Instituto Internacional de Escultura with the purpose indicated in the Data Protection clause below.
Pursuant to applicable legislation, Instituto Internacional de Escultura has adopted the technical and organisational measures necessary to maintain the required safety level and guarantee the strictest confidentiality of the personal data processed. Likewise, it has the necessary mechanisms in place and available to avoid unauthorised access, theft or removal or loss of data.


In view of the foregoing, the user is advised to exercise the maximum care in relation to these issues, and use all safety tools available, provided that Instituto Internacional de Escultura shall not be held liable for any theft, amendment or loss or data.


The user is recognised by Law the rights of access, rectification, erasure and, where appropriate, objection with respect to his/her personal details, and may exercise said rights in writing by notice to the address stated in the Data Protection Clause below. Moreover, he/she may at any time revoke the authorisation initially given for any commercial use of his/her personal details, without prejudice to the right of Instituto Internacional de Escultura to terminate the relevant contract or transaction, where said data are indispensable to complete it. The user may also amend any data that, through the Websites, he/she may have provided to Instituto Internacional de Escultura, in the manner indicated therein. Instituto Internacional de Escultura undertakes not to share with third parties any of the personal data, which shall only be used to comply with contractual obligations vis-à-vis its clients and suppliers.


DATA PROTECTION CLAUSE


1. The user, if an individual, is advised that his/her personal data to which Instituto Internacional de Escultura may have access as a result of queries, transactions, contractual requests, acquisition of products, by any means howsoever, or obtained through computer means from already registered data, are incorporated to the relevant automated file of Instituto Internacional de Escultura, and authorises this latter company to process them as necessary for their use in relation to the development and completion of the transaction or service agreed, which shall be obligatory for both parties.


2. Furthermore, the user expressly authorises Instituto Internacional de Escultura to use his/her data in the development of commercial and promotional actions for any new works, whether single sculptural works, original works or serial works, as well as for the offering to and contracting with the client, and this authorisation shall remain valid, in relation to this latter case, even after the commercial relationship is concluded, insofar as it has not been revoked.


3. Likewise, Instituto Internacional de Escultura undertakes not to share, transfer or assign said data to or with third parties. -


4. The user is advised of his/her rights of objection, access, rectification and erasure, with respect to personal data in accordance with the terms of sections 14 to 17 of the Spanish Organic Act on data protection, and may exercise said rights in writing, by letter accompanied with a copy of his/her ID document and addressed to the Customer Support Service of Instituto Internacional de Escultura, located in Llanes, El Collado no. 1, Parres, Asturias, or by e-mail to the address indicated on the Website, and the data controller is Instituto Internacional de Escultura, with address for the purposes hereof at the above mentioned address.


5. The user may revoke any authorisations given for the use of his/her personal data, save as provided under paragraph 1 of this clause, which is mandatory, in the same manner provided under paragraph 4 above.


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