Terms of use
General terms and conditions of use of the website
1. Website OWNERSHIP
1.1. This notice and legal information (hereinafter, the “Legal Notice”) regulates the use of the website service “www.esaem.com” (hereinafter, “THE WEBSITE”) that Escuela Superior de Artes Escénicas de Málaga S.L (hereinafter ESAEM) makes available to Internet users.
1.2. THE WEBSITE is owned by ESAEM with registered office in Manuel Altolaguirre no15, 29003, Málaga.
1.3. The Company’s CIF is B 92705789.
2. ACCEPTANCE of the Terms of Use
2.1. The use of the WEBSITE attributes the condition of user (hereinafter, the “User”) and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice in the version published by ESAEM at the same time that the User to Go to the WEBSITE. Consequently, the User must carefully read this Legal Notice on each of the occasions when he/she intends to use the WEBSITE, as it may be modified.
2.2. It is considered user of the WEBSITE, for the purpose sought to interpret these conditions, both the individual who seeks the realization of a work or project and the professional interested in carrying out the aforementioned works, projects or reforms.
2.3. The use of certain services offered to Users through the WEBSITE is subject to contracting conditions that, as the case may be, replace, supplement and/or modify these conditions of use.
2.4. The use of the WEBSITE is subject to all notices, regulations of use and instructions, made known to the User by ESAEM that replace, complete and / or modify these conditions of use.
2.5. ESAEM reserves the right to modify the conditions of use of the WEBSITE, it is the User’s obligation to periodically review these conditions.
3. OBJECT
3.1. The WEBSITE aims, among others, to provide information to users of the services offered by ESAEM, as well as to be a repository of information of interest and profiles of artists in the sector.
3.2. Under no circumstances does ESAEM carry out intermediation, representation or contact between individuals and professionals.
3.3. The individual user may use the ESAEM Service to make requests for quotations or information about their products.
4. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
4.1. Character of access and use of the WEBSITE
4.1.1. The visit and consultation of information in www.esaem.com is free of charge for all Users.
4.1.2. The private user, in order to make use of the service, must provide real data.
4.2. User Registration
4.2.1. In general, the provision of the Services requires the prior subscription or registration of the User, conditions the use of some of the Services to the prior completion of the corresponding User registration. For the access and / or use of certain services under registration the User must assign a name/s of User as well as a password/s, committing to make diligent use of both (User name and password) and keep it secret, thus responding to all the damages of the incorrect and negligent use thereof.
4.2.2. The user is solely responsible for the custody and retention of the password as well as for the damages that may be caused to ESAEM or third parties, through the normal or abnormal use thereof.
4.3. User ratings
4.3.1. In www.esaem.com the particular has the option to evaluate, comment and post comments on different content.
4.3.2. Without prejudice to the foregoing, ESAEM moderates the assessments submitted by individuals so that they are real and non-fraudulent and are written in appropriate language.
4.3.3. In no case is ESAEM responsible for the opinions or comments made by the user-particular, forcing the latter not to post comments or actions: (i) defamatory, inaccurate, false, abusive, insulting, obscene, irreverent, offensive, insulting, tacit or expressly sexual, threatening, harassing, racist, sexist, discriminatory for any reason, that violates morality, public order, fundamental rights, public libertarians, the honor, privacy or image of third parties and, in general, the current regulations, and/or illegal or infringing rights of third parties (ii) transmitters of spam, “SPAM”, messages for commercial purposes, or unsolicited mass mailings, false, misleading or promote illegal activities or rude, threatening, obscene, defamatory or libelous behavior; (iii) providing practical information on illegal activities; (iv) involving any advertising or commercial activity, even if there is no monetary consideration; (v) containing personal data about third parties that require the consent of the right holder. The User shall be liable directly to any third party for any damages that may be caused as a result of the breach of such obligations and against ESAEM for the claims or files in which it may be involved in connection with the User’s obligations.
4.3.4. ESAEM reserves the right to edit or eliminate reviews on which it has indications or evidence that they do not meet the above conditions, not being responsible or guaranteeing the veracity and accuracy of user opinions.
4.4. Veracity of information.
4.4.1. All information provided by the User through registration must be truthful. For these purposes, the User guarantees the authenticity of all data communicated as a result of completing the forms necessary for the subscription of the Services. Likewise, it will be the responsibility of the User to keep all the information provided to ESAEM permanently updated so that it responds, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and for the damages caused to ESAEM or third parties by the information provided.
4.5. Minors.
4.5.1. Access to the website https://www.esaem.com is intended for people over 18 years of age.
4.5.2. In order to make use of the Services minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all acts performed by the minors in their care.
4.6. Obligation to make correct use of the WEBSITE and Services
4.6.1. The User agrees to use the WEBSITE and the Services in accordance with the law, this Legal Notice, the Particular Conditions of Contract, where applicable and other notices, regulations of use and instructions put to his knowledge, as well as with morality and generally accepted good customs and public order.
4.6.2. To this end, the User shall refrain from using any of the Services for unlawful purposes or effects, prohibited in this Legal Notice, harmful to the rights and interests of third parties, harmful to your personal and/or professional image, or that in any way may damage, disable, overload, impair or prevent the normal use of the Services, computer equipment or documents, files and all kinds of content stored on any computer equipment (hacking) of ESAEM, other Users or Internet user (hardware and software).
4.6.3. In particular, and by way of indication and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
(a) in any way contrary to, disparage or violate the fundamental rights and public freedoms recognized constitutionally, in the international treaties and in the rest of the legislation;
(b) induces, incites or promotes criminal, denigrating, defamatory, infamous, violent or, in general, contrary to the law, generally accepted morals and good customs or public order;
(c) induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, belief, age or condition;
(d) incorporate, make available or allow access to products, elements, messages and/or services of criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order;
(e) induces or may induce an unacceptable state of anxiety or fear;
(f) induce or incite to engage in practices that are dangerous, risky or harmful to mental health and balance;
(g) is false, ambiguous, inaccurate, exaggerated or out of time, in a manner that misleads or misleads about its object or the intentions or purposes of the communicator;
(h) is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from its owners the necessary authorization to carry out the use made or intends to make;
(i) violates third-party business secrets;
(j) is contrary to the right to honour, personal and family privacy or the self-image of individuals;
(k) in any way undermines ESAEM’s or third party’s credit;
(l) violates the rules on secrecy of communications;
(m) constitutes, where appropriate, unlawful, misleading or unfair advertising and, in general, constitutes unfair competition;
(n) incorporate viruses or other physical or electronic elements that may damage or impede the normal functioning of the ESAEM or third-party network, system or computer equipment (hardware and software) or that may damage electronic documents and files stored on such computer equipment;
(o) causes its characteristics (such as formatting, extension, etc.) to be difficult to operate in the normal operation of the Service;
4.7. Obligation to make correct use of the Contents
4.7.1. In accordance with the provisions of clause 3.6, the User undertakes to use the contents made available to Users on the WEBSITE, understood by them, without this enumeration being limited, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the “Contents”), in accordance with the law, this Legal Notice, the Contracting Conditions and other notices, regulations of use and instructions brought to its knowledge, as well as generally accepted morals and good customs and public order, and, in particular, undertakes to refrain from:
(a) reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the Contents, unless the authorization of the owner of the corresponding rights is authorized or legally allowed;
(b) delete, manipulate or in any way alter the “copyright” and other identifying data of the reservation of rights of ESAEM, or its holders, of fingerprints or any other technical means established for its recognition.
4.7.2. The User must refrain from obtaining and even attempting to obtain the Contents using means or procedures other than those, as the case may be, that have been made available for this purpose or have been indicated for this purpose on the web pages where the Contents are located or, in general, those that are commonly used on the Internet for this purpose provided that they do not involve a risk of damage or disabler of the WEBSITE, the Services and/
4.7.3. The published works and the offers or comments associated with them contain or may contain information of a private nature and subject, among others, to the current regulations on the protection of personal data. The use of this information by other users for any purpose other than the mere publication of works or making offers through the website is esaem.com expressly prohibited and constitutes a serious breach of these terms and Conditions. The transfer, communication, reuse or publication of the offers or the information contained therein, in whole or in part, on other websites or through any other channel is especially prohibited. ESAEM may immediately block and cancel the account of the user who comments on any of the behaviors described above, withholding the outstanding balances as a penalty clause for non-compliance and, where appropriate, will communicate their data to the authorities to instruct the relevant sanctioning files.
4.8. Use of the Services offered on the WEBSITE in accordance with ESAEM’s Anti-Spamming Policy.
4.8.1. The User shall refrain from:
(i) collect data for advertising purposes and to send advertising of any kind and communications for sales or other purposes of a commercial nature without your prior request or consent;
(ii) forward any other unsolicited or previously consented messages to a plurality of persons;
(iii) send unsolicited or previously consented electronic message chains;
(iv) use distribution lists accessible through the Services for the performance of the activities referred to in subparagraphs (i) to (iii) above; (v) make available to third parties, for any purpose, data collected from distribution lists.
4.8.2. Users or third parties harmed by receiving unsolicited messages addressed to a plurality of people may communicate it to ESAEM by sending a message to the following email address: info@esaem.com.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY.
5.1. ESAEM owns the intellectual and industrial property rights, or has obtained the corresponding authorizations or licenses for its exploitation, on the domain name, trademarks and distinctive signs, the application, information and other works and inventions related to the website and the technology associated with it, as well as its contents.
5.2. The contents of this website, including designs, applications, text, images and source code (“Content”), are protected by intellectual and industrial property rights.
5.3. In no way may the content be used, reproduced, copied or transmitted in any way without the prior written and explicit permission of ESAEM.
5.4 The User, whether particular or professional, assigns a license to ESAEM of the contents, comments or ratings and information incorporated and provided by the said User, for its use, exploitation, publication, distribution, public communication, transformation, modification, editing and any other rights necessary for the operation of the ESAEM website, free of charge, universal, without geographical or temporary limitation always according to the purpose for which they registered with ESAEM.
5.5. ESAEM is a Spanish trademark registered by Ecuela Superior de Artes Escénicas de Málaga S.L. whose exclusive exploitation rights belong to ESAEM.
6. EXCLUSION OF WARRANTIES AND LIABILITY
6.1. Availability and continuity, usefulness and reliability
6.1.1. ESAEM does not guarantee the availability and continuity of the operation of the WEBSITE and the Services. Where this is reasonably possible, ESAEM will warn in advance of interruptions in the operation of the WEBSITE and Services. ESAEM also does not guarantee the usefulness of the WEBSITE and the Services for the performance of any particular activity, nor its infallibility and, in particular, although not exclusively, does not guarantee that Users can effectively use the WEBSITE and the Services, access the different websites that make up the WEBSITE or those from which the Services are provided.
6.1.2. The WEBSITE is a website created and operated as designed by ESAEM; consequently ESAEM assumes no responsibility for damages of any kind that may be due to the lack of availability or continuity of the operation of the WEBSITE and the services, the non-compliance with expectations or needs specific users and in particular, but not exclusively, to failures in access to the different websites of the WEBSITE or to those from which the services are provided, when they are due to reasons beyond ESAEM’s will.
6.2. Privacy and security in the use of the WEBSITE and the Services
ESAEM has implemented all security measures of a technical nature to ensure the security and privacy of information; without prejudice to the foregoing, ESAEM is not responsible for the manner of use of the WEBSITE and the Services by the User and, in particular, assumes no responsibility for any knowledge that third parties may obtain about the conditions, class, characteristics and circumstances of Users’ use of the WEBSITE and the Services.
6.3. Exclusion of warranties and liability for Content
6.3.1. Quality
ESAEM does not control or guarantee the absence of viruses or other elements in the Contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored on your computer system.
6.3.2. Legality, reliability and usefulness
6.3.2.1. Without prejudice to the effort made by ESAEM to ensure that the information published on its website maintains the highest quality standards, ESAEM does not guarantee the legality, reliability and usefulness of the Contents provided by Users as well as nor does it guarantee guarantees the authenticity of the documents provided by professionals.
6.3.2.2. ESAEM excludes, any liability for damages of any kind that may be due to the transmission, dissemination, storage, making available, receiving, obtaining or access to the contents, and in particular, but not exclusively, damages that may be due to:
(a) Non-compliance with the law, morality and generally accepted good customs or public order as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents;
(b) Infringement of intellectual property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of individuals, property rights and of any other nature belonging to a third party as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents;
(c) The conduct of acts of unfair competition and unlawful advertising as a result of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents;
(d) The lack of veracity, accuracy, completeness, relevance and/or timeliness of the contents;
(e) Inadequacy for any kind of purpose and defrauding expectations generated by the content;
(f) Non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations entered into by third parties and contracts made with third parties through or in connection with access to the contents;
(g) The defects and defects of all kinds of content transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the WEBSITE or the services.
6.4. Veracity, accuracy, completeness and timeliness
6.4.1. ESAEM does not guarantee the veracity, accuracy, completeness and timeliness of the Contents of its WEBSITE generated by ESAEM employees or users of the WEBSITE when posting their opinions on this WEBSITE.
6.4.2. ESAEM excludes, any liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the contents.
6.5. Disclaimer of liability for unfinished or poorly performed work.
ESAEM assumes no responsibility for the work carried out by professionals or entrepreneurs. ESAEM only carries out a contact ingess for both parties, individuals and professionals, and does not verify, validate or track the work carried out.
7. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA.
7.1. All information, data and documents sent to ESAEM are guarded with the utmost confidentiality and duty of secrecy, so ESAEM has implemented adequate and sufficient security measures in accordance with the state of technology to ensure the security and confidentiality.
7.2. To use the Website Services, Users must provide ESAEM with certain personal data (hereinafter referred to as the “Personal Data”) to ESAEM. ESAEM will process Personal Data for the purposes, as well as under the conditions defined in its Privacy Policy (add link)
7.3. ESAEM has adopted the security levels of protection of legally required personal data and seeks to install additional means and technical protection measures. However, the User must be aware that the security measures on the Internet are not impregnable.
8. PROCEDURE IN THE EVENT OF INDECTION OF INDECTION, INCORRECT OR FRAUDULENT DATA.
8.1. In the event that any User or a third party considers that there are facts or circumstances that reveal the improper use of any Content and/or the performance of any activity on the web pages included or accessible through the WEBSITE, and in particular the violation of intellectual or industrial property rights (patents, models and industrial designs, trademarks and trade names, etc.), non-compliance with the duties and obligations provided for in these conditions or other infringements you must send a notification to ESAEM containing the following points:
(a) Personal data of the claimant: name, address, telephone number and email address;
(b) Specification of the alleged illegal activity carried out on the WEBSITE and, in particular, in the case of an alleged violation of rights, precise and concrete indication of the protected content as well as its location on the web pages;
(c) Facts or circumstances that reveal the unlawful nature of such activity;
(d) In the event of a violation of rights, handwritten signature or equivalent, with the personal data of the owner of the rights allegedly infringed or of the person authorized to act on behalf and on behalf of the latter;
(e) Express, clear and under the responsibility of the complainant that the information provided in the notification is accurate and the improperness of the use of the contents or the performance of the activities described.
8.2. ESAEM shall immediately take the measures for the remedy or deletion, where appropriate, of the aforementioned data.
9. REMOVE AND SUSPENSION OF SERVICES
ESAEM may withdraw or suspend at any time and without prior notice the provision of the Services to those Users who are suspected that they may have incurred a breach of the conditions set out in this Notice Legal or legal it in force. In this case, ESAEM will retain the outstanding balances of The Users as compensation arising from the non-compliance.
10. APPLICABLE LAW
The terms and use of the ESAEM WEBSITE will be governed by and interpreted in accordance with the laws of Spain, and for any dispute arising from the use of this service the parties expressly submit to the Jurisdiction of the Courts of the city of Malaga
