LEGAL NOTICE

1. WEBSITE OWNERSHIP

For the purposes of article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we hereby inform that the owner of https://fundacionxana.org/ (hereinafter, the “Website”), and all subdomains and sections dependent on it, is Xana Foundation (hereinafter, the “Foundation”), with registered office at Avinguda d’Europa, 119, 08850, Gavà, Barcelona, with Tax Identification Number (NIF) G56290885, and registered in the Foundations Registry of the Government of Catalonia, under registration number 3372, on 08/01/2024.

If you have any questions regarding this Legal Notice, you can contact us by sending an email to rgpd@fundacionxana.org.

2. USE OF THE WEBSITE

This Legal Notice (hereinafter, “Legal Notice”), establishes the conditions that govern the use of the website. The aspects related to the processing of User‘s personal data due to the use of the website are regulated in the Privacy Policy.
In this way, the access to and use of the website means that its users (hereinafter, the “User”) accept in its entirety and undertakes to fully comply with this Legal Notice, the Privacy Policy, as well as the instructions or recommendations indicated in each specific case.
Access to the website is free of charge except for the cost of the connection through the telecommunications network supplied by the service provider that the User has contracted.
The Foundation reserves the right to make, at any time and without prior notice, changes and updates to the website and its contents, configuration and presentation, including this Legal Notice. Therefore, we recommend that Users read this each time before accessing and browsing through the website.
The User shall undertake not to use the website for fraudulent purposes, as well as not to carry out any conduct that could damage the image, interests and rights of the Foundation or if third parties. Users must use the website, services and contents included therein diligently, correctly and lawfully. In particular, the User shall undertake not to carry out any action with the goal of damaging, disabling and/or overloading the website, or anything that may impede, in any way, its normal use and operation.
In the event that a User violates this Legal Notice, or the Foundation reasonably suspects that a User is in breach of it, the Foundation reserves the right to limit, suspend or terminate said User‘s access to the website, adopting any technical measure necessary for that purpose.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY

The entirety of the content of this website (including designs, texts, images, shapes, opinions, indices and other formal expressions, graphics, logos, icons, buttons, software, trade names, brands, industrial drawings or any other signs susceptible to industrial and commercial use) is protected by the intellectual and industrial property rights of the Foundation or of the third-party rights holders who have duly authorized their inclusion on the different websites.
Therefore, the User does not acquire any intellectual or industrial property rights through the simple use of this website and/or any of its functionalities. As such, in no case shall said use be considered as an assignment, authorization or license to use the contents of the website for purposes other than those set forth in this Legal Notice.
Any form of reproduction, distribution, public communication, modification, delivery and, in general, any other act of public use referring both to the web pages and to their contents and information is prohibited without the express, prior approval in written form from the Foundation.
Specifically, and without limitation, the following are prohibited: acts of reproduction, distribution, display, transmission, retransmission, broadcast in any form, storage on physical or computer media (for example, floppy disks or computer hard drives), digitization or making available to databases other than those belonging to those authorized by the Foundation as well as its translation, adaptation, arrangement or any other transformation of said opinions, images, forms, indexes and other formal expressions that are made available to users through of the services or contents.

4. INFORMATION ABOUT LINKS

The Website may offer different links that allow the User to access other websites and portals (hereinafter, “Linked Sites”), whose content may vary quickly due to the characteristics of the Internet. Therefore, the Foundation is not responsible for websites that are not its own that can be accessed through links or for any content, information or service in general made available on third-party websites.
The existence of Linked Sites in no way implies that the Foundation has effective or any other type of knowledge of their services and content in the event of illegality, nor that it necessarily maintains agreements with those responsible for or the owners of the Linked Sites. Nor does the existence of such Links imply the Foundation‘s recommendation, promotion, identification or compliance with the statements, contents or services provided through the Links. Consequently, the Foundation is not responsible for the content of the Links, nor for their conditions of use and confidentiality policies, with Users being solely responsible for reviewing and accepting them every time they access and use the links.
In the event that the Foundation has effective knowledge that the activity or information to which the Linked Sites refer is illegal, constitutes a crime or may harm the property or rights of third parties susceptible to compensation, it shall act with the necessary diligence to delete or disable the corresponding link as soon as possible.
Users and, in general, any natural or legal person that proposes establishing a link from their page or site to the website, must obtain prior written consent from the Foundation. The establishment of such a link does not imply in any case the existence of a relationship between the Foundation and the owner or holder of the site or page on which it is established, nor the Foundation‘s acceptance or approval of the link‘s contents or services.
In any case, the Foundation reserves the right to prohibit or disable the links to the Website at any time, especially in cases where the activity or contents of the page or site in which it is included are illegal.

5. DISCLAIMER AND LIMITATION OF LIABILITY

The User acknowledges and accepts that they use the Website at all times under their full risk and responsibility. As such, the Foundation is not responsible for any misuse or improper use that may be made of the website. To this end, the Foundation may only be held liable for any damages that the User may suffer due to the use of the website, when such damages are recognized in current legislation.
In particular, the Foundation shall not be liable for:

• The content of the linked sites through the links included on the website. In this regard, the terms set forth in section 4 of this Legal Notice shall apply.
• The damages and losses of any type caused to User‘s computer equipment through viruses, worms, Trojan horses or any other harmful element. Users acknowledge that the use of the Internet involves assuming a risk that their computer equipment may be affected by the above-mentioned elements. In respect thereof, Users are responsible, in all cases, for having suitable tools available for the detection and elimination of harmful electronic programs.
• Damages of any kind caused to the User that are due to failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the website service during or prior to its availability. In this regard, the User acknowledges that access to the website requires services provided by third parties whose reliability, quality, continuity and operation is not the Foundation’s responsibility. Consequently, the Foundation is not responsible for possible interruptions of service, delays, malfunctions and, in general, any inconvenience that has its origin in causes beyond the Foundation‘s control, or comes from a malicious or culpable action by the User, or force majeure.

Last update: March 2024.