Terms and Conditions of Use

 

By means of these Terms of Use (hereinafter the “Terms“) we present the information on the online platform https://worldcancerresearchday.com/es/ (hereinafter the “Platform” or “Website”). The access, use and/or participation in the campaign implies the express and unreserved acceptance of all the terms of the present Terms of Use, having the same validity and effectiveness as any written and signed contract. 

They shall be enforceable and complied with by any person accessing, using and/or participating in the Site. If you do not agree with these terms, do not access, use or participate. By accepting the “Terms and Conditions of Use” you represent that you have read, understand, understand and agree to be bound by these Terms and Conditions of Use. 

1. IDENTIFICATION

The Platform is owned by: 

  • Asociación Española Contra el Cáncer, with Tax Identification Number G-28197564 (hereinafter, “AECC“) and Fundación Científica de la Asociación Española Contra el Cáncer, with Tax Identification Number G-28655033 (hereinafter, “Fundación“), as co-responsible parties. Together the “Parties”. 
  • Registered office: Calle Teniente Coronel Noreña 30, 28010, Madrid 
  • E-mail: informacion@contraelcancer.es  

2. OPERATION OF THE PLATFORM

The purpose of the World Cancer Research Day campaign is to manage the online and in-person events, activities, in order to bring together users, interested in research, and to learn about current projects. Hereinafter referred to as Users. 

3. OBJECT

The purpose of these Terms and Conditions is to set out the Terms and Conditions that apply to Users participating in the event. It is also understood that a person becomes a User once he/she registers for the event. 

In any case, the Parties reserve the right to modify, without prior notice, these Terms and Conditions, making them public together with the date of publication, through the website https://worldcancerresearchday.com/, or through a communication addressed to the participants, always considering modification criteria aimed at improving the service, greater clarity and better protection of consumers and users. 

4. ACCESS AND NAVIGATION

Access to and navigation on the Platform does not require registration, however, registration is required when Internet users wish to register for the event. 

Under no circumstances shall the Parties be responsible for the veracity of the data or images provided by Users, and each User shall be solely responsible for any consequences, errors and faults that may arise from the lack of veracity or lack of authorisation for the use of such information.

5. REGISTRATION AND USER CATEGORIES 

Participation in the event is free of charge and the following conditions must be met: 

The participant must be a natural person in their individual capacity, who through their participation, and where appropriate, intervention in the Event accepts the capture of their image and/or voice, to manage their participation.  

To register for the event, the User must provide the information indicated on the form as compulsory. 

Participants have no financial benefit whatsoever and cannot claim any kind of consideration (financial or non-financial) from the Parties. 

The participants are responsible for the statements made during the event, assuming the full responsibility that may arise therefrom. The Parties are not responsible for any of the activities or actions that may be carried out by the participants, thus exempting the Parties from any liability that may arise from claims for actions or omissions of the participant that infringe the rights of third parties and/or infringe the regulations on the right to honour, personal and family privacy and self-image, as well as intellectual and industrial property, or any other rules of the applicable legal system. 

6. PROHIBITIONS AND RULES OF CONDUCT OF THE WEBSITE

6.1 General Prohibitions 

It is strictly forbidden to communicate content through the Platform that: 

  • May be considered as an infringement in any way of the fundamental rights to honour, to personal and family privacy or to one’s own image of third parties and, in particular, of minors. 
  • Includes photographs or collects images or personal data of third parties without the consent of the owners. 
  • Infringes the secrecy of communications or involves an infringement of intellectual and industrial property rights or of the rules governing the protection of personal data. 
  • Contains “spam” and/or links to sites unrelated to the space concerned. 
  • Include advertising or commercial communications, for the broadcasting of messages for advertising purposes or for the collection of data for the same purpose. 

In addition, access to or use of the Website for illegal or unauthorised purposes, with or without an economic purpose, is not permitted and the consequences will be the sole responsibility of the User. By way of example, but not limited to: 

  • Use the Site in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the device of a third party. 
  • Use the Site for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files. 
  • Use the website to collect personal data of other users. 
  • Use the website illegally, against good faith, morality and public order. 
  • Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website. 
  • Carry out any action that causes disproportionate or unnecessary saturation of the infrastructure of the Website or the Provider’s systems or networks, as well as the systems and networks connected to the Website. 

Failure by the User to comply with any of the above obligations may lead to the adoption by the Parties of appropriate measures protected by law and in the exercise of their rights or obligations, which may include the removal or blocking of the participation of the offending User. 

The User who breaches these prohibitions shall be liable for any claims that may arise as a result. Even if no claim from a third party arises, the Parties reserve the right to prevent access to the Website, or participation in the spaces provided therein, to users who do not comply with these conditions. 

6.2. Conduct 

In addition to the above prohibitions, you may not use your status as a registered User of the Site to publish, post or transmit: 

  • Content that is threatening, defamatory, excessive, vulgar, obscene, pornographic, fraudulent, or revealing of private or personal matters. Including any information, images, videos or even links (hyperlinks) that connect to illegal content.  
  • Material for which there is no legal or contractual right to transfer.  
  • Links or references to websites that are copied without authorisation or disparage the Parties.  
  • Content and statements of a political, linguistic and/or religious nature or hate speech.  
  • Advertising content of any kind except that expressly authorised by the moderators.  
  • Any personal data that could jeopardise the privacy of any individual, such as telephone number, personal or email address, bank account number or any other contact information. 
  • Any message that impersonates another person or entity affiliation.  
  • Messages designed to evade profanity, defamation, or similar filters.  
  • Language that incites illegal activity or deals with illegal activities with the intent to commit them.  
  • Duplicate messages, out of context, or excessively repeated messages in one or more threads. Extensible to private messages photographer-searcher or user-moderator.  
  • Intentionally violate any other applicable law or regulation by accessing and using the Site.  

7.INTELLECTUAL AND INDUSTRIAL PROPERTY. Development, design, and programming of the Platform

    The Platform has been developed entirely by the Parties, and all source code, objects, designs, structures, plans, manuals, databases, sketches, logos, and photographs used for the creation of the Platform are the full property of the Parties, without access, navigation or participation in the Platform implying any kind of waiver, transmission or total or partial transfer of the property rights of the Parties in favour of the users. 

    All these contents are duly protected by intellectual and, where appropriate, industrial property regulations, without prejudice to the right of any person or entity that considers that their rights are being affected to take the legal action they deem appropriate. 

    However, the Parties as owner of the service, and in order to provide a means for you to access, view and use the Platform, makes available to the User as interested in it, a non-exclusive license for use, limited in time to the period of access or browsing the Platform, being able to access from anywhere on the planet. In any case, any type of reproduction, imitation, transmission, translation, modification, elaboration of derivative works and/or public communication is absolutely prohibited, regardless of the means used for this purpose, and the infringing user will otherwise assume all direct or derivative liabilities that may arise. 

    Under no circumstances may content hosted on the Platform be downloaded, reproduced, or used on any device or location other than the Platform. 

    8. NOTIFICATION OF INFRINGEMENT OF RIGHTS

    In the event that, while browsing through the Platform, any of the situations listed below are detected, please inform the Parties as soon as possible. The following are some of the situations that are permanently pursued by the Parties from the Website: 

    • Unauthorised use of content (texts, photographs, videos, etc.) owned by third parties. 
    • Unauthorised uses of information relating to minors. 
    • Uses that could violate the rights to honour, privacy, and self-image of natural persons, whether or not they are users of the Platform. 
    • Unauthorised use of your own or third parties’ personal data in violation of data protection regulations. 
    • Publication of information concerning counterfeit or illegal imitation trademarks. 

    In any of these or similar cases, the protocol to be followed by users in order to achieve a response in the shortest possible time and in the most effective way shall be as follows: 

    • Identify the content in question that allegedly violates the law or a right. 
    • Clearly identify the selected forms of contact so that the Parties can contact the complainant. 
    • Duly prove their identity by means of a sufficient official document (ID card or passport). 

    All applications should be sent directly to the following address e-mail: dpo_fc@contraelcancer.es 

     9. RIGHT OF WITHDRAWAL

    In accordance with the provisions of Royal Decree 1/2007, of the Revised Text of the General Law for the Defence of Consumers and Users and other complementary laws, we inform you that, in accordance with article 103 letter m) of the aforementioned law, the right of withdrawal in relation to the contract will not be applicable in the present case, given that it is a digital content service without material support. 

    10. DATA PROTECTION

    The Parties are deeply committed to defending the personal data protection rights of its users, in accordance with the applicable regulations and, in particular, with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights and Regulation (EU) 2016/679, General Data Protection Regulation. Therefore, you can find information about the processing of your personal data in the following Privacy Policy.  

     11. MINORS AND USE OF THE PLATFORM

      In order to access and browse the Platform, you must be over fourteen (14) years of age, and to participate you must be over eighteen (18) years of age, or, if applicable, have prior written authorisation from your parents and/or legal guardians. 

      To do so, it will be necessary to send to the address e-mail: dpo_fc@contraelcancer.es, the written authorisation duly signed by your parents or guardians, together with a copy of your ID card, passport or similar document, which will only be used by personnel of the Parties to carry out this identification task and will not be used for any other purpose. 

      In any case, the Parties reserve the right to contact all registered users to verify their identity and age, in the event that such communication is not attended or is attended with defective or manipulated information, the account will be blocked. The data of the ID card or document provided will be used solely and exclusively by authorised personnel of the Parties to carry out the task of identification, in no case will it be used for any other purpose. 

      If, while browsing, user profiles of persons under eighteen (18) years of age are detected, please inform us immediately so that we may proceed to initiate the identification protocol indicated above, in accordance with the provisions of section 9.  

      If the Parties are informed that a child under the age of 14 has participated, the necessary measures will be taken and may remove or block such a publication. 

      The Parties request that any abuse or violation of these Terms and Conditions of Use that is detected and, particularly, those affecting minors, be reported immediately through the means of contact indicated. 

       12. LINKS TO OTHER WEBSITES 

      a) Links to other websites 

      Regarding published links, the Parties undertake to ensure that the content of these links complies with current legislation as well as with these Terms and Conditions of Use. The Parties also undertake to remove them immediately as soon as they become aware that the linked content is in any way in breach of any of the information provided.  

      The inclusion of any kind of link from the Platform to another website does not imply any kind of relationship, collaboration or dependence between the Parties and the party responsible for the third-party website. 

      b) Links on other Websites to World Cancer Research Day

      The Parties inform that it has neither the power nor the human-technical means to know, control or approve all the information, contents, products, or services provided by other websites that have established links to the Platform.  

      Therefore, the Parties assume no responsibility whatsoever for any aspect related to this link, such as its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general. 

       13. WARRANTIES AND LIABILITIES

      The User assumes that it is not possible to achieve permanent availability of the Platform, however, the Parties work continuously to achieve this, adapting all necessary measures, within the state of the art, to guarantee the operation of the Website and to minimise system errors, both from a technical point of view and in terms of the content published. 

      The parties shall be liable for their personal breaches, and the other party shall be indemnified against any error, fault or negligence not attributable to it, and against any damage resulting from such breaches or errors attributable to the other party to the contract. 

      The Parties shall use commercially and technically reasonable efforts to keep their services available through the Platform, which obligation shall not, however, apply to any lack of availability or performance caused by: 

      • Temporary inactivity of the website due to updating and/or technical maintenance. 
      • Causes beyond the control of the Parties: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the Platform owner, acts or omissions of third parties, etc. 

      In all the aforementioned cases, beyond the control and due diligence of the Parties, there shall be no compensation from the Parties to the User for loss of profits, damages or losses. 

      In the event of closure or suspension of the Platform for reasons beyond the control of the Parties, the User shall be promptly informed of the transfer of the service to a new domain, modifying only the stipulations of this contract with regard to the domain in which the Platform remains active. 

      In addition, the Parties shall use their best efforts to ensure the diligent and peaceful use of published images. 

      However, the Parties inform that, although it makes a permanent effort to classify, filter and select legal and non-legal content published on the Platform, it cannot guarantee this on a permanent basis, and would appreciate it if any infringement is detected and reported as soon as possible in accordance with the process set out in section 9. 

      The Parties shall not be responsible for the veracity, integrity or updating of the content published on the Website from external sources. Neither shall the Parties assume any liability whatsoever for hypothetical damages that may arise from the use of the aforementioned information. 

      Given that the content uploaded to the Website is provided by the Users, all complaints regarding the same must be addressed directly to them, and in no case to the Parties, which, nevertheless, will collaborate in all cases with the complaining user and, where appropriate, with the competent authorities, in order to resolve the conflict. 

      If either of the Users fails to fulfil any of its obligations or hinders the other party from fulfilling its obligations, it shall be liable for the damages caused, both for consequential damages and loss of profit. 

      14. JURISDICTION AND VENUE

      The sections of these Conditions must be interpreted independently and autonomously, and the rest of the stipulations shall not be affected in the event that one of them has been declared null and void or inapplicable by a court ruling or final arbitration decision. The clause or clauses affected shall be replaced by another or others that preserve the effects pursued by the conditions of use. 

      The failure of the Parties to exercise or enforce any right or provision contained in these Conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the Parties. 

      Regardless of the geographical location of the User or their nationality, and provided that the regulations foresee the possibility for the parties to submit to a specific jurisdiction, for all litigious matters or disputes arising from the Website, the Spanish legislation in force at the time of the dispute shall be applicable, and the Courts and Tribunals of Madrid (Spain) shall be competent to resolve all disputes arising from or related to the use of the Platform. 

      In order to submit complaints regarding the use of the services, the user may contact the electronic or physical address indicated at the beginning of this document by post, and the Parties undertake to respond absolutely to all notifications received in this regard. 

       

      Last update: September 2023