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TERMS AND CONDITIONS OF USE / LEGAL NOTICE

 
  1. INTRODUCTION AND IDENTIFICATION
Access to and use of the website: http://www.bcnsostenible.cat/ (henceforth “Website”) implies full acceptance, without any reservation, of these terms and conditions of use / legal notice.
Whoever accesses the “Website” must comply with all the established terms and conditions and shall be deemed to be a user, to all intents and purposes. Should you not agree to the terms and conditions, we suggest you neither access nor use the “Website”.
All users are therefore requested to carefully read these terms and conditions of use / legal notice. Access to and use of the “Website” and therefore acceptance of these terms and conditions shall be deemed to be carried out with sufficient and informed knowledge.

 
  • IDENTIFICATION
Barcelona City Council (henceforth “the Council”)
Registered office: Plaça de Sant Miquel núm. 3 Oficina d’Atenció al Ciutadà (OAC)
Contact: http://www.bcnsostenible.cat/ca/web/pagina/contacte.html

 
  1. THE WEBSITE'S SUBJECT MATTER AND OBJECTIVES
 
  • Subject matter
All content on this “Website” is published exclusively for the purposes of providing its users with information, without any other purpose capable of being drawn from that. Under no circumstances shall the data contained here be linked to any City Council body, regarding the adoption of any agreement, activity or administrative resolution.
These terms and conditions of use / legal notice govern the access to, browsing on and use of the “Website”. In addition, the City Council reserves the right to amend the above-mentioned “Website”, at any time, by changing its presentation, configuration and content.
  • Objective
The More Sustainable Barcelona Map is an interactive virtual map, linked to the OPEN GREEN MAP, and is also a social network for smart phones, which brings together the city’s relevant social and environmental initiatives. More specifically, the map provides practical information on points of interest (e.g. shops, accommodation, facilities and infrastructures), itineraries signposted with QR codes, and citizens’ experiences (narratives, photos, activities) in the city.

Its goal then is to revitalise Barcelona's sustainability culture through an interactive map, compiled collaboratively by citizens, enterprises, associations and the administration, which shows initiatives and/or resources that contribute towards improving the urban environment, building a fairer and more inclusive social structure and enriching the community and local-resident fabric.

It is also aimed at providing full, up-to-date, quality, truthful, accurate and accessible information that is of use to the majority of people who consult it. Such updates will depend on the data that the City Council has at its disposal and on the data provided by the third parties collaborating with it.

 
  1. OBLIGATIONS / ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
As stated above in point (i), where users access and use the “Website”, they accept each and every one of the established terms and conditions and undertake in particular to:
iii.1) Refrain from using the “Website” for illegal purposes or in a way that contravenes these terms and conditions of use / legal notice.
iii.2) Without prejudice to compliance with all the legal obligations in force, users shall be especially prohibited from:
  • Using the “Website” in such a way as to cause damage, interruptions or faults in its functioning or in third-party digital devices.
  • Using the “Website” to transmit or publish any computer virus or malicious code.
  • Using the “Website” for capturing personal data, without having obtained the corresponding authorisation / consent or by breaching any of the legal provisions in force.
  • Breaching or attempting to breach the security or authentication measures of the “Website”.
  • Carrying out actions / activities that overload or unnecessarily affect the normal functioning of the “Website”.
  • Using the “Website” to carry out activities that are defamatory or affect rights relating to the honour and/or self-image of the City Council or third parties. Or from misusing the “Website”.
  • Using the “Website” for inciting hatred or discrimination of any form or for publicly introducing, conveying or communicating sexual or pornographic content.
  • Using the “Website” for commercial or professional purposes and lacking the necessary good faith in its use.
  • Using the “Website” by introducing data or content that infringe intellectual or industrial property rights.
  • Using the “Website” to publicly transmit or communicate false data or misleading information.
iii.3) The following shall also be taken into account:
Barcelona City Council, as the owner of the application, reserves the right to incorporate data or contents offered by third parties, in any format, as detailed in these terms and conditions, although it also reserves the right not to incorporate them, and to amend them and/or remove them, without the need for making any prior or subsequent communication. By the same token, data or contents offered by third parties shall always state their sources, through their name or the nickname they have registered with the internal file discussed in the following point.
 
Barcelona City Council has no a priori control over the quality, originality, authenticity, legality or security of the contents that participants contribute to the platform. Nevertheless, Barcelona City Council reserves the right — at its discretion and by notifying the web address provided — to temporarily suspend the activities of a participant on the website, to deactivate their account in whatever way, to delete their content, to close their account or to send notice, especially in, but not limited to, the following situations:
 
  • Where there is a clear breach of any of these terms and conditions of use / legal notice. In particular, where any of the activities expressly prohibited in point iii.(2) are carried out.
  • Where the City Council believes with justification that the participant’s activity is harmful to others, the Website or the City Council and it has notified the web address provided by the participant during their registration. 
 
  • Amendments to the terms and conditions of use / legal notice
The City Council reserves the right to change the established terms and conditions wholly or in part, at any time, giving the corresponding notice of such changes.
  • Mapping Workshops
The City Council, for the purposes of entering data into the application, will be organising mapping workshops aimed at exploring new data that may prove to be of interest. The City Council may hold workshops for itself or at the request of other organisations.
 
Data obtained in workshops organised by other entities may also be incorporated. In this case, the organising entity will have to register with the specified register and the data collected may be its property, unless they belong to a third party, in which case it will have to manage the corresponding entry into its data register, under its responsibility.

 
  1. IT-RELATED LIABILITIES AND GUARANTEES / TERMS AND CONDITIONS OF USE
The City Council shall not be responsible or liable for any damage and/or loss that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the functioning of the electronic system or in users’ devices due to causes outside the City Council’s control.
The City Council has adopted and will adopt all the necessary measures to guarantee a good-quality connection free of interferences of any kind, thereby avoiding possible damage / loss.
The City Council does not guarantee the absence of computer viruses or malicious programmes that may cause damage or interferences. As a result, the City Council shall not be liable for any damage / loss that users or third parties may experience.
The City Council allows access irrespective of users’ technological option, and, in particular, promotes the use of technologies based on open standards. It shall be your responsibility, however, to use suitable IT equipment for accessing the application. Under no circumstances shall the City Council be responsible for any problems that you may have accessing or for having accessed it.
Should you wish to enter content into the application, you will have to register your name, an email address and a nickname, in a file that will not appear in the application but which will be used exclusively for enabling the identification of the owner of the data intended to be entered. The data requested are in any case the minimum required for these purposes.
 
All the information that is intended to be entered into the application will be immediately visible and only possibly revised afterwards. Should there be any doubts during its revision over whether it meets these terms and conditions of use, it will be deleted from the application, without the need for any communication.
  • Suspension of access to and/or use of the “Website”
The City Council reserves the right to interrupt access to and use of the “Website”, at any time, and without prior notice, whether for technical, security, monitoring or maintenance purposes or for any other reason whatsoever.

 
  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The City Council is the owner or, where appropriate, has the corresponding authorisation for the exploitation rights of the “Website” itself and ALL its contents.
Users are only entitled to use the contents of the “Website” in strict compliance with each and every one of these terms and conditions of use / legal notice. Access to and use of the “Website” shall under no circumstance confer on users any authorisation / licence to use the contents outside / in breach of these terms and conditions of use.
In any case, where conveying / sending to third parties and/or publicly communicating the contents of this “Website”, users shall have to give express information on their source and may not under any circumstances provide them with a commercial use.
All intellectual and industrial property rights relating to the contents of the “Website” are reserved. The following are expressly prohibited: modifying, copying, reproducing, publicly communicating, transforming or distributing, through any medium, all or part of the contents, except where prior authorisation has been expressly given in writing from the City Council or the owner of the rights.
On the other hand, participants / users shall be responsible for their correct use and guarantee that they are the owner of all the information that they contribute to the Website or that they have permission to make such a contribution. Participants shall be liable for the content of their contributions and for any harm to or claims from third parties that may result from such content. Under no circumstances shall Barcelona City Council be responsible for the improper use of the Website or any of the contents shared on it, nor shall the Council be responsible for any use that any natural or legal person may make of the ideas contributed or for any results derived from those ideas.
 
Should there be a dispute of any kind or for any reason between the Website’s participants or with any third party, Barcelona City Council shall be exempt from any liability whatsoever for any complaints, claims or damage of any nature that may relate in any way to such disputes between participants on the Website and with third parties. Notwithstanding the above, where there are doubts over the relevance of keeping certain data in the application, the City Council may opt to remove such data.
Participants shall refrain from carrying out any activity whatsoever that infringes the intellectual and/or industrial property rights not just of the City Council but also of any entity or enterprise that is linked or accountable to it and of any third party whatsoever. Where any right whatsoever is infringed, users shall hold harmless Barcelona City Council — as well as, where appropriate, any entity or enterprise whatsoever that is linked or accountable to it — of any proceedings or claim whatsoever that may be instituted on account of their breach.
Any reference that is made on this “Website” to third-party products and/or services or to any other information that uses the trademark, trade name or corporate name of third parties shall not in itself constitute any sponsorship or recommendation of any kind.
 
In any case, Barcelona City Council may examine contents that are uploaded to the application / “Website” and choose to delete them.

 
  1. CONFIDENTIALITY AND PERSONAL DATA PROTECTION
Under the current European and State legislation in force, personal data must be processed in accordance with the provisions set out in the “Privacy Policy”. Consent for personal data processing must be given expressly and based on sufficient information.
For further information relating to personal data protection: www.bcn.cat/ajuntament/protecciodades
The “Privacy Policy” must establish the mechanisms and information that are subject to confidentiality.

 
  1. LINKS
 
  • Links to other pages
The City Council has no control over the contents, terms and conditions of use or privacy policies of third-party websites. It shall therefore assume no responsibility or liability for such contents, terms and conditions of use or privacy policies.
In addition, the City Council shall not be responsible or liable for any access to or use of such websites. It shall therefore assume no responsibility or liability where any damage or loss arises through access to such websites.
  • Links to other pages on the “Website”
The City Council does not authorise the establishment of links, from any website that it uses, for the purposes of carrying out activities that are illegal or contrary to the current regulations in force. The establishment of such links is therefore expressly prohibited.
On the other hand, links may be made to the “Website” provided they have received prior express authorisation and meet the following requirements:
  1. That no copy of all or part of the content of the “Website” is made
  2. That no inaccurate or false references to the “Website” are made
  3. That no intellectual and industrial property rights are infringed
 
  • The following must be taken into account above all:
In particular, with regard to linked contents, exclusion of liability shall apply under Article 17 of Act 34/2002, of 11 July, on the Information Society’s Services and e-Commerce, or otherwise any other regulation that may amend / replace it.

 
  1. viii)GENERAL TERMS AND CONDITIONS OF USE OF SOCIAL PROFILES
Any social profiles there may be relating to More Sustainable Barcelona shall be governed by these terms and conditions of use / legal notice, in every possible way, given their nature.
In addition, such social profiles will have to be accessed and/or used in accordance with the regulations provided in each social network.
The City Council shall under no circumstance be responsible or liable for any comments that third parties may make in social forums. In any case, it may remove or require the removal of any such content that breaches these terms and conditions.

 
  1. NOTIFICATIONS OF INCIDENCES AND POSSIBLE BREACHES OF THE TERMS AND CONDITIONS OF USE
Where users detect content with errors or inaccuracies or contents that breach these terms and conditions of use / legal notice, they may contact: lafabricadelsol@bcn.cat

 
  1. REUSE OF THE INFORMATION
The City Council allows and promotes the reuse of its published information, within the limits provided for under these terms and conditions of use / this legal notice and which are stipulated under the current legislation in force. That is why Barcelona City Council allows the reuse, for non-commercial purposes, of all the data and information published on this Website under the following conditions, unless stated otherwise:
 
- the information's content is not altered;

- the information’s meaning is not distorted;

- the source of the information is mentioned;

- the date of the last update is stated, and no suggestion is made that the City Council sponsors or supports the activity in which the information is being reused. The possibility of reusing the information shall in any case be limited by the necessary protection of other rights, assets and interests under the provisions established by current legislation in force. In particular, any reuse whatsoever of the information contained in this website must safeguard the protection provided under intellectual and industrial property law and the protection provided under personal data law. More specifically, the reuse of works and services protected under intellectual property law remains subject to the terms and conditions of the intellectual property licence established in each case. (See the section on “Intellectual and Industrial Property”.) Works and services must not be reused where it is stated that their intellectual property rights are reserved.

The City Council complies with the current legal framework in force for content liability. Under the current legislation in force, the City Council shall assume the responsibility for any contents on this website that have been prepared by the City Council itself.

The City Council shall not be responsible or liable for any improper use that users may make of the website's contents.

 
  1. APPLICABLE REGULATIONS AND COMPETENT JURISDICTION
The Spanish legal system’s rules shall exclusively govern these terms and conditions of use.
Expressly waiving any possible application of any other jurisdiction, the parties hereby expressly agree that any dispute, controversy or claim that may arise from these terms and conditions of use or in relation to them, shall be exclusively resolved at the competent court in Barcelona (Spain).