Please be advised that the EFE SERVICIOS platform, available through the URL www.efeservicios.com (the “Web Site” or the “Platform”) is a web site operated by AGENCIA EFE S.A.U., S.M.E. (“AGENCIA EFE”), whose registered office is at Avenida de Burgos number 8 B, 28036 – Madrid, Spain. For the purposes of these terms and conditions the terms “You” or the “User” refer to you as a Platform user.
We have established the following terms as the terms and conditions under which we give You access to the Platform. Those terms and conditions that rule the access and use of the Platform include the following legal texts:
These User Terms regulate the usage of the Platform that AGENCIA EFE makes available to users of the Internet at the URL www.efeservicios.com. Only registered users can access the Platform.
The Platform is divided in the following content categories: (i) photo, (ii) video, (iii) text, (iv) multimedia, (v) audio, (vi) documentary (vii) computer graphics. The contents housed in the Platform (the “Contents”) together with any right pertaining to the Contents, are owned by AGENCIA EFE and/or have been licensed to AGENCIA EFE so that the exercise of any rights pertaining to the Contents is reserved to AGENCIA EFE.
The access to and usage of the Platform does not imply the grant of any kind of right or licence over the Contents, which are subject to the corresponding licences that regulate the terms and conditions of use of each of the Contents and which the User must accept before usage. You may click on the “Licences” link for more information regarding the conditions of use of the Contents.
The access to and use of the Web Site by the User implies his or her full acceptance, so that the User stands obliged to fully comply with the Terms and Conditions of the Platform. Therefore the User must carefully read the Terms and Conditions in each of the occasions in which the Platform is to be used, given that they might have undergone amendments about which the User would be informed at the time of each such new access.
The User undertakes not to use the Web Site for fraudulent reasons and not to engage in any conduct that may in any way harm the image, the interests and the rights of AGENCIA EFE or of third parties. Furthermore, the User undertakes not to carry out any type of action that may damage, disable or overload the Web Site, or which may in any way prevent its normal usage and operation.
Users are informed that in the event of any kind of breach of the content or of the obligations that arise from the Terms and Conditions or from any other of the specific terms and conditions applicable to the Platform, AGENCIA EFE would be entitled to limit, suspend or terminate access to the Web Site, including the implementation of any technical measure that may be required for that purpose. Furthermore, AGENCIA EFE may also exercise said measures if it becomes reasonably suspicious that a User is breaching any of the terms and conditions set out in the Terms and Conditions.
Finally, Users are informed that AGENCIA EFE has the right to make decisions at any time about the continuity of the Contents and of the services rendered through the Platform.
The intellectual and industrial property rights over the Contents and the Platform, including the arrangement of the contents of the Platform, the sui generis right over the underlying data bases, the graphic design and user interface of the Platform (look & feel), the underlying computer programs (including source and object codes), together with the various elements that integrate the Platform (texts, graphics, photographs, videos, sound recordings, etc.) (the “Materials”), pertain to AGENCIA EFE or to its licensors. The distinctive signs included in the Platform (brands and trade names) are owned by AGENCIA EFE or by its licensors.
The usage of the Platform by the User does not imply the grant of any kind of intellectual and/or industrial property right over the Platform, the Contents, the Materials and/or the distinctive signs of AGENCIA EFE. To that end, through these User Terms the User is expressly informed that, except for those cases in which it is legally allowed or when previously authorised by AGENCIA EFE, Users may not, under any circumstances, replay, transform, distribute, communicate publicly, make available to somebody else, extract and/or reuse the Contents, Materials, Platform and/or the distinctive signs of AGENCIA EFE.
Agencia EFE grants, to the Users that have accepted the Terms and Conditions, authorisation to use the Platform, on a non-exclusive basis, within the domestic territory and during the maximum period of validity of the intellectual and industrial rights as provided by the applicable regulations (unless access to the Platform is otherwise suspended for a justified reason) so that the User may use the Platform in accordance with these Terms and Conditions. This authorisation does not include the use of any Contents that may be housed and are available to Users that are regulated by the conditions of the corresponding Licence.
The establishment of links to the Web Site is permitted unless AGENCIA EFE considers that the linked site includes contents that are unlawful or otherwise contrary to AGENCIA EFE’s policies, in which case the linking site shall be obliged to eliminate the link when requested by AGENCIA EFE.
The link must be established in accordance with the following terms:
AGENCIA EFE shall disable the link immediately and without prior notice in case of breach of any of the terms set out above.
In order to help you find additional information we have included various technical linking devices that give the User access to other webs (the “Linked Sites”). In this case AGENCIA EFE acts as a renderer of intermediary services pursuant to the provisions of Article 17 of Act 34/2002, dated 11th July, on Information Society Services and Electronic Commerce (“LSSI”-Spanish acronym) (liability of the renderers of services that provide links to contents or to search engines). In accordance with those legislative provisions, AGENCIA EFE shall not be liable for services rendered and contents provided by any Linked Sites unless it has become aware of the unlawfulness thereof and has not disabled the corresponding link with due diligence.
Under no circumstances shall the existence of Linked Sites imply the recommendation, promotion, identification or conformity of AGENCIA EFE with the statements, contents or services rendered by any Linked Sites. Consequently, AGENCIA EFE shall not be liable for the contents of any Linked Sites or for their conditions of use and privacy policies, being the User solely responsible for duly checking and accepting them each and every time that the User accesses and uses them.
To that end, AGENCIA EFE hereby informs the User as follows: 1.- AGENCIA EFE does not offer any kind of commercial offer to Users except in respect of those services and/or contents owned by AGENCIA EFE which expressly provide otherwise; 2.- AGENCIA EFE offers third party information via the Platform exactly as previously provided to AGENCIA EFE; 3.- The services rendered and/or contents provided by third parties are provided by the suppliers of contents and/or services without AGENCIA EFE being in any way liable for their lawfulness, truthfulness or accuracy; and 4.- AGENCIA EFE shall not be liable for the accuracy of the data and contents supplied by third parties, nor about any prices shown within the Linked Sites.
Should any User or any other Internet user become aware that any kind of information or content of the Platform or provided through it is unlawful, detrimental to the rights of third parties, contrary to the provisions of the User Terms or otherwise wrongful or contrary to the normal standards of morality and respectful behaviour, that person may contact AGENCIA EFE indicating the following:
In the case of infringement of third-party rights, such as intellectual and industrial property rights, it shall then be necessary to supply the data pertaining to the owner of the right that has been infringed if it is a person other than the informant. The affected party must also supply documents evidencing the ownership of the infringed rights and, as the case may be, the powers of attorney that enable that person to act for and on behalf of the owner of the infringed rights if it is a person other than the informant.
The reception by AGENCIA EFE of the communication described in this clause shall not imply, pursuant the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the informant, unless they are not clearly obvious or self-evident. In any case, AGENCIA EFE is entitled to suspend or remove any contents that, although lawful, are found to be contrary to the User Terms provisions, carefully weighing in each case the legal rights in conflict.
The User ought to be aware that the communications through open networks are open to a number of threats that jeopardise their security. The User is responsible for the adoption of the technical measures that are appropriate to reasonably control these threats and, among them, the use of up to date systems used to detect malicious software, such as viruses, Trojans, etc., it being also advisable to keep the security patches of the corresponding web browsers fully up to date. For more information, please contact your provider of Internet access services, who shall be able to provide you with solutions that are appropriate to your needs. To the maximum scope allowed by the applicable legislation, AGENCIA EFE shall not be liable for any damages caused to the User as a consequence of risks that are inherent to the means used, or of those caused by vulnerabilities in your systems and tools. Furthermore, AGENCIA EFE does not guarantee the total security of its systems and, although it has implemented appropriate security measures, it is nevertheless impossible to fully discard the existence of vulnerabilities and, thus, the User must exercise caution when interacting with the Platform. AGENCIA EFE shall only be liable for any damages caused by the use of the Platform when those damages are the direct consequence of malice or gross negligence in the part of AGENCIA EFE and the User has not behaved negligently.
More specifically, AGENCIA EFE shall not be responsible for:
|Agencia EFE S.A.U. S.M.E.
|Management of the contract for the purchase – sale of contents and commercial prospecting
|Implementation of a contract and consent
|Under no circumstances shall data be disclosed to third parties other than those that are legally mandatory
|Access, rectification and erasure data, as well as other rights, as explained in the additional information
Pursuant to the provisions of Article 3 LSSI, the laws of the Kingdom of Spain shall be applicable to the information society services rendered by AGENCIA EFE through the Platform.
Should any of the provisions contained in this User Terms be held to be null and void, it shall be withdrawn or replaced. In any case, any such declaration of nullity shall not affect the validity of the remaining provisions set out in the User Terms.