Ownership of the website
The owner of this website is the Agbar Foundation, a private foundation regulated under the laws of the Regional Government of Catalonia whose registered office is at Sant Joan Despí, Number 1, 08940 Cornellà de Llobregat, Barcelona, UTR G-58120353 and registered at the Registry of Private Foundations of the Regional Government of Catalonia under number 269.
Access to and use of the website of Aigües Museum constitutes the person doing so a user who accepts in full and without reservation these general terms and conditions and any special conditions that may supplement, amend or take the place of these general terms and conditions in respect of specific services or conditions of use of the website. If a user does not agree with the content of these general terms and conditions, they should not access the website or carry out any action on it.
General terms and conditions
I. SUBJECT MATTER
These general terms and conditions regulate the use of the website of Aigües Museum including its content and the services made available. Access to and use of the website of Aigües Museum by a user is deemed to confirm that the user accepts in full and without reservation the general terms and conditions and any special conditions in respect of the services and content of the website.
II. USE
The user undertakes to use the website and its services and content in good faith and in accordance with relevant law for generally accepted uses and so as not to disrupt public order. Consequently, the use of the website for improper or harmful purposes or for purposes that are detrimental to the Agbar Foundation, Aigües Museum or any third party is forbidden.
The user is responsible for ensuring compliance with the obligations to which the user is subject by virtue of these general terms and conditions and the law relating to the use of the services. The Agbar Foundation reserves the right to deny service and to remove information, data, files and other content made available to users at any time and without prior notice to or from any user who is in breach of these general terms and conditions.
III. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All intellectual and industrial property rights in the website (images, graphic design, typeface coding, design, navigation structure, data bases, etc.) are in the ownership of the Agbar Foundation either as owner or as transferee or licensee and the Agbar Foundation is entitled to make use of all intellectual and industrial property rights in the website and expressly reserves to itself all such rights such that it is expressly forbidden to reproduce, distribute, transform or publicly communicate in whole or in part any of those rights in any form and by any means without the express prior consent of the Agbar Foundation in accordance with the restated text of the Intellectual Property Act.
Consequently, all rights of exploitation of this website and of any constituent part of this website and, in particular, rights of use, exploitation, distribution, transformation and public communication are the exclusive property for the maximum legally permitted time and throughout the world of the Agbar Foundation.
The user may not use any trademark registered by the Agbar Foundation, logo, trade name, design, or any other distinctive mark of the Agbar Foundation without the prior express consent of the Agbar Foundation. The user is required not to use any system or device that has the capability to access or change the configuration of the website or its security system. Access to and navigation on the website and the use of services offered via the website shall not be deemed in any circumstance to amount to the waiver, transfer, licence or total or partial assignment of those rights by the Agbar Foundation. Consequently, the user undertakes to use the content accessible on the website in a responsible manner and warrants that they will comply strictly with the law in force in relation to intellectual and industrial property and undertakes to make lawful use of such content. Any user or third party who believes that their legitimate rights have been breached by the incorporation of specific content on the website shall give notice of the same to the Agbar Foundation for the better protection of intellectual and industrial property.
IV. EXCLUSION OF WARRANTIES AND LIABILITY
The Agbar Foundation makes no representation and accepts no liability in any circumstance for any harm or loss of any nature caused by:
· Lack of availability, continuity, access, maintenance or proper functioning of the website or its services or content.
· Lack of utility, suitability or validity of the website or its services or content for the needs, activities, specific outcomes or expectations of the user.
· The presence of any virus, malware or detrimental content.
· The receipt, obtaining, storage, dissemination or transfer by users of content.
· The illicit, negligent, fraudulent use or use in breach of these general terms and conditions, good faith, generally accepted practice or public order of this website, its services or content by a user.
· The unlawfulness, poor quality, unreliability, or lack of usefulness or availability of the services provided by third parties and made available to users of the website.
· Breach by third parties of their obligations or commitments in relation to services provided to users via the website of the Agbar Foundation.
The Agbar Foundation states that it implements the security measures reasonably required to detect the presence of viruses; however, users should be aware that security measures of internet-based computer systems are not completely dependable and that, as such, the Agbar Foundation cannot guarantee that there are no viruses of other material that may affect the computer systems of users or the electronic documents and files that those systems contain. The user is aware and accepts that use of the functionalities of the website is at all times at the sole and exclusive risk of the user. The Agbar Foundation does not guarantee the availability or continuity of operation of the services, or their suitability for carrying on any particular activity or that those services are infallible. The Agbar Foundation accepts no liability for any harm or loss of any nature that may arise from the unavailability or discontinuity of its services and access to the content or from any interruption of service. The Agbar Foundation may at any time temporarily or permanently stop the provision of any service. The Agbar Foundation accepts no liability for the content or services accessible by following any link on the website.
V. HYPERLINKS AND LINKED WEBSITES
Any hyperlink or link between a website and any part of the website of the Agbar Foundation is subject to the following terms:
· The reproduction in whole or in part of any service or content of the website of the Agbar Foundation is not allowed.
· No link may be made to any page other than the landing page of the website and no browser or trademark may be created on any page of the website.
· The page containing the hyperlink may not contain any trademark, trade name, business name, company name, logo, slogan or any other distinctive mark that belongs to the Agba Foundation.
· The Agbar Foundation accepts no liability for the content or services made available to the public through any website containing a hyperlink nor for any information or statement on any such website. Similarly, the inclusion of such external connections does not indicate any type of association, merger or ownership link with the organisations to which connection is made.
VI. TERM AND AMENDMENT
The Agba Foundation may amend these general terms and conditions in whole or in part and publish any change in the same way in which this legal notice appears. The Agbar Foundation may terminate, suspend or interrupt at any time without prior notice access to the content of the website and no user shall be entitled to any compensation in respect of such termination, suspension or interruption. Consequently, the Agbar Foundation may in its sole discretion at any time and without prior notice change the structure and design of the website and modify and remove the services, content and conditions for access to and use of the website.
VII. APPLICABLE LAW AND JURISDICTION
These general terms and conditions are governed by the law of Spain. The Agbar Foundation and each user submit to the jurisdiction of the courts of the City of Barcelona for the resolution of any dispute or difference and for the conduct of any proceedings arising in connection with the provision of the service of the website and its services and content and waive any other jurisdiction that might otherwise have been available to them. The foregoing includes the interpretation, application, performance or breach of the provisions of these general terms and conditions.
