Terms and Conditions of use
1. Use of the website of the Assembly of Madrid and acceptance of the Terms and Conditions of Use
The terms and conditions set out below regulate the use of the services offered by the Internet Website of the Assembly of Madrid (hereinafter, the Website) which may be accessed via the URL www.asambleamadrid.es that the Assembly of Madrid puts at the disposal of all the citizens.
Through this Website it is possible to access and use certain services and contents put at the disposal of the Users by the Assembly of Madrid. To this end, the Assembly of Madrid puts at the Users’ disposal a channel of communication 24x7 (24 hours a day, 7 days a week) thereby allowing information and interaction with Users through the Website.
The Website is managed by:
Asamblea de Madrid
Asamblea de Madrid Square, 1
The Assembly of Madrid reserves the right, at any time and without warning, to change the presentation and the configuration of the Website, as well as the services offered and the terms and conditions applying thereto.
Access to and use of the Website by a person makes that person a User thereof and implies that the User has previously read and accepted these Terms and Conditions of Use. By accessing and using the website the User will be deemed to have accepted, fully and without reservations, at the time of accessing the Website, the contents of each and every one of the Terms and Conditions of Use as may from time to time be published in the Website. Any person who does not agree with the Terms and Conditions of Use of the Website will abstain from accessing and using its contents.
2. Terms and Conditions of Use
2.1. Access to the website and its services
Generally, the website and its services are freely accessible and the User need not previously subscribe or register. However, for security and privacy purposes, access to certain areas or services of this Website is restricted to Users who have previously registered and duly identify themselves.
Furthermore, access to certain areas and services of the website may be subject to specific Terms and Conditions in relation to detailed information, requirements and, where applicable, the rights and obligations pertaining to each particular service.
Registration as a User can only be achieved through the Website, using the option User Registration. Once registered, the User will become a “Registered User”.
To make the identification possible, the user name must match the email address stated by the User at the time of Registration. This piece of information may not subsequently be changed.
Initially, the access code (hereinafter, the password) will be assigned by the Assembly of Madrid in accordance with the procedures established in its Website. Thereafter, the User may, at any time, change his password by following the established procedure.
The access codes to the Website (user name and password) assigned to a User are personal and non-transferable. It is the User’s responsibility to use them in an appropriate manner and to ensure that third parties do not use his access keys to access the Website. Furthermore, the User is solely responsible for the loss, theft or use by a third party of his access codes and for any consequences deriving from such loss, theft or use and must promptly notify the Assembly if any of the above should occur.
2.2. Proper use of the Website and its the services
The User undertakes to use the Website and any of the services that may be accessed through it without engaging in any activities that may be deemed illicit or unlawful, or which may violate the rights of the Assembly of Madrid, of the Public Administrations that may be related to the Assembly of Madrid or of third parties or which may be in breach of these Terms and Conditions of Use, legislation from time to time in force and/or generally accepted practices.
In particular, for information purposes only and without limitation, the User expressly undertakes not to:
Destroy, alter, disable or in any other manner damage the data or the electronic documents of the Assembly of Madrid, of any Public Administrations or of third parties.
Prevent other Users from accessing the Website and/or its services by massive use of the software and hardware systems through which the Assembly of Madrid provides its services, or engage in any other activities that may damage, interrupt or generate errors in these systems.
Send mass email messages or SMSs (spam) or messages with commercial or promotional purposes without the consent of the addressee, as provided in the terms and conditions set out in paragraph 2.2.3 below.
Attempt to intercept, read, delete copy or modify the email messages of other Users.
Use the system in an attempt to access restricted areas of the software and/or hardware systems of the Assembly of Madrid, of the Public Administrations or of third parties, or with the purpose of extracting information.
Attempt to increase the level of privileges of a User of the system.
Introduce, by any means whatsoever, programs, viruses, macros, applets, ActiveX controls or any other logic device or sequence of characters which may modify or are likely to modify or alter in any manner the software and/or hardware systems of the Assembly of Madrid, of other Users, of the Public Administrations or of third parties.
Supplant the identity of another User, of the Public Administrations or of a third party.
Incite or promote, through the Website or any of the services that may be accessed through it, criminal, insulting, injurious, defamatory, vulgar or offensive activities or, in general, engage in other activities which are contrary to the law, immoral or which attempt against the public order.
Induce or promote, through the Website or any of the services that may be accessed through it, any actions or ideas that may be discriminatory on the grounds of race, sex, ideology, religious or other beliefs or for any other personal or social circumstance or condition.
Introduce, make available or allow access to products, devices, messages or services of a criminal, violent, pornographic or offensive nature or which, in general, are contrary to the law, immoral or which attempt against the public order.
Violate the intellectual or industrial property rights of the Assembly of Madrid, the Public Administrations or third parties. Breach the confidentiality of the information or the business secrets of third parties.
Violate the fundamental rights and public freedoms enshrined in the Constitution, International Treaties and current legislation.
When using the services offered through the Website, the User undertakes generally to refrain from sending copies of messages to different email address lists without taking into consideration if the addressee wishes to receive it or whether its subject matter is appropriate, and undertakes further to refrain from sending commercial or business messages by email or equivalent electronic means of the Assembly of Madrid and, in particular, it undertakes to refrain from:
Engaging in or carrying on activities which are incompatible with the purposes of the website.
Uploading, posting, emailing, sending or otherwise transmitting any contents for any commercial or business purpose, or for general distribution, public disclosure, transformation or reverse compiling.
Posting, emailing or sending to a number of people any other type of content with a non-commercial purpose not previously and expressly requested or consented to.
Sending chains of electronic messages not previously requested or consented to. Using distribution lists that may be accessed through the Website or any of its services with the purpose of engaging in any of the activities described in the paragraphs above.
Putting at the disposal of third parties, for any reason whatsoever, data captured from the distribution lists.
If you become aware that any of the above practices are taking place or if you receive unsolicited mail in contravention of any of the provisions set out in this clause, you must notify the Assembly of Madrid by email at firstname.lastname@example.org.
2.3. Intellectual and industrial property. Proper use of the contents.
All of the Website’s contents (including, for information purposes, but without limitation, the data bases, images, photographs, patents, industrial utility models, drawings, graphs, text, sound, video and software) are the property of the Assembly of Madrid or its contents suppliers who, in the event, have granted the Assembly of Madrid the necessary licence or authorised it to exploit these contents, which are duly protected by Spanish and international industrial and intellectual property laws.
The compilation (whether as a design, arrangement or setup of the Website and its contents) is the exclusive property of the Assembly of Madrid and is protected by intellectual and industrial property laws.
All the software used in the operation and the performance of the website is the property of the Assembly of Madrid or its service providers and is protected by intellectual and industrial property laws.
The Assembly of Madrid is the owner of all the intellectual property rights attaching to its Website, its source code, design, browsing features and data bases, as well as of the various elements comprised in it; the Assembly of Madrid has the sole and exclusive right to exploit such rights in any manner whatsoever and, in particular, has the exclusive rights of duplication, distribution, dissemination, public disclosure and transformation thereof.
The trademarks, signs, distinctive signs or logos of the Assembly of Madrid which appear in the website are either the property of or have been licensed to the Assembly of Madrid and are either duly registered or in the process of being registered.
Putting the data bases, images, photographs, patents, industrial utility models, drawings, graphs, text, audio and video archives and software at the disposal of the User does not, in any circumstances, imply a transfer of title or the grant of license thereto to the User, other than the licence for the use of such contents implied in the proper use of the Website.
The User undertakes to use the contents of the Website in an adequate, proper and lawful manner and, in particular, undertakes to refrain from using the contents in such a manner or with purposes or effects which are contrary to the law, immoral or which attempt against the public order.
The use of the contents of the website, including the duplication, reproduction, copy, sale, distribution, dissemination, publication, exhibition, public communication, transformation or alteration of the contents is strictly prohibited unless the Assembly of Madrid or of the owner of the relevant intellectual and/or industrial property rights give their prior authorisation, the use is lawful and express reference is made at all times to the owner of the rights.
The User undertakes not to remove, avoid or interfere with the copyright and other identification data referring to the reservation of rights of the Assembly of Madrid or its suppliers.
3. Privacy and personal data protection
3.1. General provisions
It is the policy of the Assembly of Madrid fully to respect and to comply with the obligation to preserve the confidentiality of the information processed through the Website and, in particular, to protect the privacy of the website Users.
In this respect, the Assembly of Madrid warrants, within the meaning of the provisions of the Organic Act 15/1999, of 13 December, for the Protection of Personal Data (hereinafter, "LOPD", in its Spanish acronym), that it will preserve the confidentiality of your personal data. In accordance with the provisions of section 9 of the LOPD and other applicable state or regional legislation, it further warrants that the server where this information is processed and stored has all the security measures necessary to prevent the alteration, loss, unauthorised handling or access to this information by third parties, whether by human action, or by physical or natural means, taking into account the current state of the art and the personal nature of the information handled as well as the risk exposure.
For these purposes, the Assembly of Madrid warrants that it has taken the relevant technical and organisational security measures to protect its facilities, systems and files, in accordance with the provisions of set out by Royal Decree 994/1999, of 11 June, which approves the Statutory Instrument on security measures for the protection of automated files containing information of a personal nature. The Assembly of Madrid may only disclose personal data relating to Users as well as any other information it holds to the competent public authorities when so requested in accordance with the legal and regulatory provisions applicable in each case.
In compliance with the provisions of the LOPD, the User must be notified of the treatment given to and use made of his personal data in the Website’s section User Registration and any other section of the Website where the User’s personal details may be asked for. Each User must agree to the processing and use of his personal data.
The data bases owned by the Assembly of Madrid are duly registered with the Registro General de Protección de Datos (General Register for Data Protection) at the Agencia de Protección de Datos (Data Protection Agency).The information supplied by the Users shall be used for the purposes established in the relevant process or activity. The addressees of the information supplied through the Website shall be the Assembly of Madrid and those other entities engaged in the supply of the services requested.
The Assembly of Madrid shall notify the Users that only the information strictly necessary for the adequate provision of the services will be requested and obtained through the forms. Where the supply of certain information is optional, the User shall be so notified.
Those persons and processes having access to personal information of the Users have an obligation to respect the User’s privacy and must keep the confidentiality of such information.
Any changes to the policy on privacy and protection of information shall be promptly posted in the Website.
Anonymous cookies associated to an anonymous User and its computer may be offered, but these will not provide any information from which the name and surnames of the User could be obtained. The cookies used by the Assembly of Madrid cannot read the data stored in your hard disk nor can they read the cookies created by other suppliers.
Personalised cookies may also be offered with which the Assembly of Madrid will be able to recognise registered Users after they register for the first time, rather than having to register each time they visit the site of the Assembly of Madrid to access those sections and services available on a personalised basis.
You can configure your browser so that it notifies you whenever a cookie is received and to prevent the acceptance of new cookies in your hard disk drive. For further information, please read your browser’s instructions and manuals.Users need not accept cookies sent by the Assembly of Madrid to use the Website of the Assembly of Madrid but, in that case, Users will need to register whenever accessing a service that requires prior registration.
3.3. Policy applicable to subscriptions, subscriptions to Official Publications, Digital Interviews, suggestions box and the President’s book
To participate in the subscriptions, subscriptions to Official Publications, Digital Interviews, suggestions box and the President’s book, you must be a Registered User.
All exchange or dissemination of information of these or analogous services will be subject to the provisions relating to liability and information contents set out in these Terms and Conditions of Use.
4. Links or hyperlinks policy
4.1. Links to the website
Any person wishing to create a hyperlink or any other type of link (hereinafter, a “link”) to the Website of the Assembly of Madrid must obtain the prior written consent of the Assembly of Madrid and abide by the following conditions:
No links will be created to pages or sub-pages other than the home page of the Assembly of Madrid.
No links will be created that allow the partial display of the Website’s contents or which in any other way could mislead visitors as to the ownership of the contents.
No comments will be included together with the link to the Website that are false, inaccurate or incorrect, that may be misleading or, in general, contrary to the law, immoral or objectionable.
No protected commercial marks or signs other than the URL address of the Website will be included.
No links shall be created to pages with contents, declarations or propaganda that:
Could be deemed to constitute a criminal offence pursuant to Spanish criminal law.
Violate intellectual or industrial property rights. Endanger the public order, criminal investigations, public security, public health and/or national security or that endanger youths and/or children.
Attempt against or diminish the fundamental rights and public liberties enshrined in the Constitution, international treaties and other legislation on human dignity; or that disseminate principles, values or actions of a racist, xenophobic or pornographic nature, or justify terrorism, attempt against human rights, the age or personal conditions of the person and/or which, in general, may in any manner prejudice the good reputation or the image of the Assembly of Madrid or of the Public Administrations related to it.
In any event, the inclusion of links to the Website in other websites does not imply the existence of a relationship or association of any kind with the owner of the site where such link is located, nor does it imply that the website promotes, stands by, warrants or recommends the contents of such websites.
4.2. Links appearing in the Website
The website of the Assembly of Madrid may itself include links to other websites. Notwithstanding the above, the Assembly of Madrid has no control whatsoever over such websites, nor does it assume any liability for their contents.
The links included in the website are only for reference purposes. Therefore, no liability is assumed and no warranties, whether express or implied, are given with respect to:
the contents of the page accessed through the link;
the availability, veracity or currency of the contents of the page accessed through the link;
the suitability or fitness for purpose, quality or characteristics of the products and/or services that may be offered or advertised in the page accessed through the link;
the damages, whether direct or indirect or of any other type, that may result from the products and/or services offered or advertised in the page accessed through the link;
the commercial terms and conditions applying to the products and/or services that may be offered or advertised in the page accessed through the link;compliance with current legislation of the website accessed via the link.
5. Disclaimer of warranties and limitation of liability
The Assembly of Madrid accepts no liability for any damages, mistakes or inaccuracies that may result from the malfunctioning of the Website, nor does it accept any liability for any damages, whether direct or indirect, that may result from the non-availability, the interruption or the lack of continuity in the operation of the Website and/or its services. Wherever possible, Users will be warned of expected interruptions in the operation of the website and of the services provided.
The Assembly of Madrid will aim to ensure the privacy and the security of the use of the Website and the services provided. However, the Assembly of Madrid accepts no liability for potential errors or deficiencies in security which may result from the use by the User of an insecure or not up-to-date browser, or from the activation, in the User’s browser, of devices for remembering the access codes. The Assembly of Madrid cannot guarantee that unauthorised third parties will not have knowledge of the type, conditions, characteristics and/or circumstances in which the Users make use of the website and its services.
The Assembly of Madrid will aim to ensure the correctness of all the data contained in its Website, although it cannot guarantee absolute accuracy and correctness. The Assembly of Madrid will not be liable for any damages to the User resulting from errors, defects or omissions in the information provided by the Assembly of Madrid taken from sources other than the Assembly of Madrid.
The Assembly of Madrid will aim to ensure that its software and hardware systems and the electronic documents and files contained in them free from viruses or other damaging devices. Notwithstanding the above, the Assembly of Madrid accepts no liability for any damages caused to the Users’ software and hardware systems resulting from the existence of any such viruses or damaging devices.
The Assembly of Madrid accepts no liability for any damages caused by interferences, omissions, interruptions, viruses, telephone failures or disconnections in the operation of this electronic system which are beyond the control of the Assembly of Madrid, or for blockages or delays in the use of the Website systems caused by deficiencies or overload in the telephone lines, the internet service or any other electronic systems, nor does it accept liability for damages caused by third parties beyond the control of the Assembly who may unlawfully interfere with the systems.
The Assembly of Madrid does not accept liability for the wrongful use of its Website and its contents by the Users. The User is solely responsible for any breaches or violations caused by him and for any damages he may cause when unlawfully using the Website, its services or contents, and the Assembly of Madrid shall be held harmless against any such responsibility. The User is solely responsible for any claims or actions, whether in or outside the Courts of Justice, brought by a third party against a User and/or against the Assembly of Madrid as a consequence of the unlawful or inadequate use of the website, its services and/or its contents by the User. Thus, the User shall bear all the costs, expenses, indemnities and damages incurred by the Assembly of Madrid as a result of any such legal claims or actions being brought against it.
The Assembly of Madrid makes no representation or warranties of any kind with respect to the condition and/or the correctness of the services that third parties unrelated to the Assembly of Madrid may offer to Users through the Website. Furthermore, the Assembly of Madrid accepts no liability for the failure of such third parties to comply with legislation from time to time in force.
6. Procedure in the event of unlawful activities
In the event that the Assembly of Madrid becomes aware that a User is taking advantage of the services provided through its Website to engage in activities which could violate third party rights or otherwise be unlawful, the Assembly of Madrid may take whatever measures it deems necessary to prevent the continuation of any such activities and reserves the right to take appropriate legal action.
7. Exchange or dissemination of information
The Assembly of Madrid accepts no liability for any damages arising from the exchange of information between Users through its Website. Those who post information or input data on the Assembly’s Website are solely responsible for it.
8. Official publications
The information made available thought the internet does not replace the publication of the legislation, general provisions or any other act or activity that may need to be formally published in the official bulletins of the Public Administrations, the printed edition of which is the only instrument that can guarantee their authenticity and contents.
The information available in this Website should be understood as a guideline and does not purport to be legally binding. In the event of discrepancy between the documents contained in the Website and the official version of such documents, only the official version of the Public Administrations will be legally binding.
9. Governing law and jurisdiction
These Terms and Conditions of Use shall be governed and construed in accordance with Spanish law and regional law applicable to the services offered by the Public Administrations.
The Terms and Conditions of Use set out herein are governed by specific legislation. Without prejudice to any legal provision that may determine what Court is competent to deal with the matter, the Assembly of Madrid, the Users and all Website visitors expressly waive any jurisdiction they may be entitled to and submit themselves to the Courts and Tribunals of the city of Madrid for the resolution of any matter that may arise with respect to the interpretation, application and fulfilment of these Terms and Conditions of Use, as well as with respect to any claim that may arise from their use.