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GENERAL CONTRACTING CONDITIONS

In order to contract a service you must first read and accept the GENERAL CONTRACTING CONDITIONS.

GENERAL CONTRACTING CONDITIONS

The present general contracting conditions involve the general regulation of the image availability services provided by EUSKO IKASKUNTZAREN EUSKOMEDIA FUNDAZIOA (henceforth, EUSKOMEDIA) through its web site www.3digitala.com, that constitutes the legal framework that develops the contractual relation.

This document is accessible at all times on the web site www.3digitala.com and it can be printed or saved by the customer.

IDENTIFICATION OF THE CONTRACTING PARTIES

The present general contracting conditions for the services provided by EUSKOMEDIA are undersigned, on one hand, by the FOUNDATION IN QUESTION (registered at the Foundation Registry of the Basque Government) with Fiscal Identity Code Number G20735296 and with registered office at Astesuain, 14 (Txikierdi), Usúrbil (Guipúzcoa), and on the other, the CUSTOMER, whose personal data has been provided by himself/herself on the registration form for the contracted service provided for this reason by EUSKOMEDIA. All the details included on the aforementioned form have been directly introduced by the customer, and therefore, the authenticity of the information is only responsibility of the customer.

EUSKOMEDIA does not have the obligation to check the identity of its customers, and neither the truthfulness, validity, exhaustivity and/or authenticity of the data provided by the customers about themselves.

Customers have to fill in the registration forms in order to gain access to the services and/or contents provided on the web site. This involves giving certain personal details.

When filling in and sending a form via the website, customers are giving their express consent and authorisation for the company to gather and computerise these personal details that are being requested in accordance with the purposes and under the conditions that are described in the PERSONAL DATA PROTECTION section.

EUSKOMEDIA informs that once the customer has given his/her express consent by means of the registration form and in accordance with LOPD and LSSICE, the provided data is object of computerisation, specially in those matters regarding the reception of commercial communications that customers can accept by ticking the corresponding box on the form ('receive news bulletin') or reject if they do not wish to receive these notifications.

AIM

The aim of the current general conditions is the supply of availability services by means of licenses for the use of images and/or voice or audio files.

MODIFICATION OF THE CONDITIONS

EUSKOMEDIA reserves the right to change at any moment and without previous notification the present general contracting conditions as well the provided services. These modifications will not affect the purchases made before the date of the changes.

OBLIGATIONS REGARDING THE REGISTRATION PROCESS

Regarding the registration process, the customer is the only responsible of the quality of the data that he/she has given in the form, and accepts his/her obligation to provide truthful, accurate, valid and complete information regarding his/her identity, as it is requested in the registration form and to update the registered data in order to make sure that this information carries on being truthful, accurate and complete. To do so, the customer can visit the addresses provided for such purposes.

If a customer were to provide false, incorrect or incomplete data, or if EUSKOMEDIA had reasons to believe that they are false, inaccurate or incomplete, it has the right to deny the customer access and present or future use of the web site or of any of its contents or services.

CONDITIONS OF SERVICE

The present conditions are to be applied to contents availability services.

Each purchase modality has its own commercial conditions, which are provided to the customer before the contracting process has been completed. These conditions can be found on the 'my account' and 'register' web pages and in several sections that contain commercial information for users.

The commercial conditions of each product or service and the offers that can eventually be carried out by the holder figure in the corresponding section of the web page. They can therefore be checked, saved or printed at any moment.

In each case, the customer will choose a certain product and/or services and will formalise the subscription by sending the corresponding subscription through the Internet.

OBLIGATIONS REGARDING THE CONSERVATION OF MESSAGES RELATIVE TO CARRIED OUT TRANSACTIONS

Both parties expressly agree to store for at least 12 months all the crossed communications between them, as proof of the transactions that have been carried out electronically.

RULES REGARDING THE FORMALISATION AND VALIDITY OF THE CONTRACT

The customer understands that the information included on the 'my account' and 'register' web pages and the descriptions of the products and services offered on the web site, as well as the general contracting conditions are enough to exclude errors when formalising his/her consent.

The present general contracting conditions will become part of the contract from the moment the customer accepts them and sends the corresponding subscription form.

As this is an electronic purchase, both parties renounce to the conventional signing of the contract, which will be replaced by an electronic signature made up of a user number and a password, which will allow the customer to identify himself/herself in order to access the contracted services and contents.

The forwarding of an electronic signature will allow customers to access the contracted services and products and it will take place at the moment of the execution of the contract, immediately after the customers carries out the payment.

The appropriate use of the electronic signature, made up of a user number and a password, is responsibility of the customer. The electronic signature is personal, exclusive and non-transferable.

VALIDITY OF THE FORM AS PROOF OF ACCEPTANCE

Both parties expressly state that the acceptance of the company's offer on behalf of the customer will be carried out by sending the subscription form.

Likewise, the fact of sending the subscription form through the Internet involves the full acceptance of the present general conditions on behalf of the customer.

DEADLINES

The company will confirm the reception of the customer's acceptance in the next 24 hours after receiving the subscription form.

In the next 24 hours after confirming the reception, the company will confirm the purchase of the service with the customer by sending an email (with acknowledgement of receipt) providing him/her with the electronic signature that will allow him/her to identify himself/herself in order to gain access to the contracted services and contents.

PAYMENT AND RENEWAL

The company will charge the customer for the provision of services the fares that are in force at each moment, which will be indicated on the commercial information pages, in accordance with the offer or modality chosen by the customer.

The company may change the applicable rates, but will always respect the conditions that were in force at the moment of the purchase until the following renewal. At that moment the new rates will become valid.

The payment of the service will be made by the customer by means of any of the payment methods that are stated on the subscription form.

NO REFUNDS

The company's products and services that are commercialised by file downloads, access to the database and to the contents of the web page in general, on receipt of the customer's payment, do not involve the right to refund once the customer has access to the chosen product or service, and neither the right of revocation with regards to the immediate reproduction or copy of the products or services.

The previous paragraph does not involve the customer renouncing to any right, but it does imply EUSKOMEDIA informing him/her about the provisions stated in article 45 of Law 7/1996, of the 15th de January, regarding retail trade, and in Law 47/2002, of the 19th of December, that modifies the first law.

In this sense and for the purposes of the right of withdrawal stated in Order in Council 1906/1999 that regulates electronic purchases with general conditions, the customer has the right to carry out a real, personal and direct assessment of the products before purchasing them, as they are products that can be previously visualised.

CUSTOMER BEHAVIOUR

The customer promises not to use the provided service for illegal purposes.

EUSKOMEDIA can deny the service and, in that case, if the customer were to have paid a previous amount, EUSKOMEDIA would refund the whole amount,

The customer must compensate the damages caused to the company due to the incorrect use of the service, to the misuse of the electronic signature or for accessing the web site in an inappropriate way, not fulfilling the terms of contract or those of the legal notice. Likewise, the customer is responsible for the violation of the rights of third parties that could be caused by his/her inappropriate actions.

LICENSE OF USE AND RESERVED RIGHTS REGARDING THE CONTENTS

EUSKOMEDIA is the holder of the intellectual property rights regarding the title and contents of this web site, as well as the domain, images, graphics, texts and any other contents located on the web site. All these elements are protected by national and international intellectual property laws that are currently in force. The holder reserves the right to exploit these contents.

Likewise, the contents, brands, trade marks and other intellectual and industrial property rights that are expressly stated on the web site will belong to their lawful owners. EUSKOMEDIA is not responsible for other people's opinions located on the web site, and neither for their legality, truthfulness and integrity. The holder can not be held responsible for the stated criteria or opinions, and neither for the misuse or infringement of elements protected by intellectual property laws on behalf of customers or users.

EUSKOMEDIA is the owner of all the rights regarding its trade mark, services, patents and knowledge relative to the design and contents of the services that are offered. The present conditions do not constitute a license for customers to use these rights for other purposes. Thus, customers accept that the contents offered by the company are protected by intellectual property laws as well as industrial property laws.

These general contracting conditions include a license for use of the image and audio or voice contents.The holder of the web page reserves the rights of reproduction, distribution, public communication including making available on communication networks, and transformation including the translation of the web site's contents. It is forbidden to access and use these contents without express authorisation of the holder. Likewise, the use of contents belonging to other web sites does not mean that their lawful owners have handed over their intellectual property rights. These must expressly authorise on paper the release of their intellectual property rights. The holders issue licenses only for the benefit of the users, for the contracted purpose and for the customers' non-exclusive, non-transferable and personal use. The license can only be used for the period of time, size, number of copies and the national territory established in the clauses of the license for use and attached documents. The present agreement regulates a transfer of custody and not a sale, and therefore, the holder remains as the owner of all the intellectual property rights on the images.

The customer promises not to reproduce or distribute these contents, or create a new site using these contents, without previous authorisation.

LINKS TO THIRD PARTY SITES

EUSKOMEDIA allows any natural or legal person to establish links to the homepage of www.3dgitiala.com, but this authorisation does not involve the acceptance or advertising support towards the web sites that establish the links. EUSKOMEDIA is not responsible for the contents or other links that may figure on any of the linked web sites.

It is totally forbidden to create frames or any other process that involves a transformation of the web site.

LIMITATION OF LIABILITY

EUSKOMEDIA can not guarantee that its web site is going to be functioning at all times, and can neither guarantee, unless stated otherwise, that the contents of its different sections is going to be totally trustworthy and updated at all times.

EUSKOMEDIA does not necessarily share the opinion of its authors and collaborators who edit certain contents.

EUSKOMEDIA is not responsible for the direct or indirect damages caused by the use of the web site or its contents, including damage to computer systems and viruses.

Notwithstanding the foregoing, EUSKOMEDIA is not responsible for possible delays or faults in the access, functioning and operation of the web sites or their contents or services. The holder can neither be held responsible for interruptions, cancellations or malfunctioning of the web site, if these were caused by faults due to force majeure, extreme emergencies, strikes, hackers, piracy or any other random law.

PARTIAL NULLITY

If any part of these conditions were to go against the law, and therefore be invalid, this fact would not affect the other provisions that are in accordance with the laws. Both parties agree to renegotiate those parts of the conditions that turn out to be invalid and incorporate the new terms to the service conditions.

CONFIDENTIALITY ? COOKIES

EUSKOMEDIA registers IP addresses (everybody connected to the Internet has one) for internal purposes only. EUSKOMEDIA uses a technique that only stores the user?s IP address as an access statistic. This cookie does not store any confidential information such as passwords, email addresses, only each user?s unique IP address. Therefore, EUSKOMEDIA does not carry out studies on the browsing habits of its users, it only elaborates monthly access statistics.

APPLICABLE LAW AND COMPETENT JURISDICTION

These contracting conditions are ruled by Spanish laws.

Both parties accept that this contract and all legal relations that may arise from its application are going to be regulated by Spanish laws, in accordance with article 1262 of the Civil Code, with regards to Chapter IV of the preliminary section of the legal document in question.

EUSKOMEDIA and the customer are subject to the laws of the Courts and Tribunals of Donostia-San Sebastián. This condition constitutes an alternative competence submission clause, to be chosen by the claimant, who must specifically renounce any other that may be of his concern.

MORE INFORMATION

The company has its registered and permanent office at the address that is mentioned above as well as in the legal notice on the web site www.3digitala.com that corresponds to the identification of the contracting parties, and provides the web site uses and customers with several telephone numbers and email addresses.

For more information, suggestions or proposals please get in touch via the Customer Services Line on 943322296 or by sending an email to info@3digitala.com